DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 20-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 recites the limitation "an air intake channel configured to receive the air from the intake hole via the buffer chamber” which is not understood. It is unclear how the air intake channel receives air from the buffer chamber since the specification appears to indicate that the air intake channel (56) is connected to an air flow channel (60) downstream of the buffer chamber (40). It is also unclear if the claim should refer to the air being received via an air flow channel, or to the air intake channel receiving washing water via the buffer chamber. For examination purposes the limitation is interpreted as "an air intake channel configured to receive the air from the intake hole via an air flow channel.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-16, 18, 23-24, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US 2017/0354308; cited by Applicant).
Regarding claim 12, Choi discloses a dishwasher comprising: a tub that defines a washing space (1, 10); a sump disposed below the tub and configured to store washing water received from the tub (paragraphs 39, 41); a pump configured to supply the washing water stored in the sump to the washing space (paragraph 41); and a spray arm configured to discharge the washing water from the pump into the washing space (100), wherein the spray arm defines a channel therein configured to carry the washing water received from the pump, the spray arm being configured to spray the washing water or the washing water including microbubbles into the washing space, wherein the spray arm comprises an upper cover and a lower cover that have inner surfaces facing each other, the lower cover being coupled to a lower side of the upper cover (310, 340), and wherein the spray arm has: a flat surface that is defined at one of the inner surfaces of the upper cover and the lower cover, and a pair of inner ribs that protrude from the other of the inner surfaces of the upper cover and the lower cover to the flat surface, the pair of inner ribs being in contact with the flat surface to thereby define the channel between the pair of inner ribs (Figure 6: 316a,b, 342a,b; also see elements 327 and outermost upward ribs and corresponding opposite surfaces).
Note that discharging washing water or washing water including microbubbles is intended use of the claimed apparatus capable of being met by the apparatus of Choi. The claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.
Regarding claims 13-16, Choi discloses wherein the upper cover and the lower cover are coupled to each other by fusion in a state in which the pair of inner ribs are in contact with the flat surface (Figure 6; paragraph 109); wherein the flat surface is disposed above and spaced apart from a bottom surface of the lower cover (342a,b), and wherein the pair of inner ribs protrude downward from the upper cover (316a,b); wherein the upper cover further comprises a pair of support ribs that are spaced apart from the pair of inner ribs and protrude toward the lower cover (elements 327; also see 328); wherein the pair of support ribs protrude from the upper cover to the bottom surface of the lower cover and are in contact with the bottom surface of the lower cover (327).
Regarding claims 18, 23-24, and 26, Choi discloses wherein a cross section of the channel has (i) a first side that is defined by a straight line and (ii) a second side that is defined by a curved line, bent lines, or a plurality of straight lines (Figure 6: for example, see straight lines at 340 and curved/bent lines at 310); wherein the flat surface is defined at the inner surface of the lower cover (Figure 6: 342a,b or at 357), and the pair of inner ribs protrude downward from the inner surface of the upper cover toward the lower cover (316a,b or 327); wherein the flat surface protrudes upward from a bottom surface of the lower cover to the pair of inner ribs of the upper cover (Figure 6: see 342a,b or 357 compared to a bottom of 340); wherein the flat surface extends laterally outward relative to the pair of inner ribs, and a channel width of the channel between the pair of inner ribs is less than a lateral width of the flat surface (Figure 6, see channel between 310 and 340 and element 357).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2017/0354308; cited by Applicant).
Regarding claim 17, Choi is relied upon as above, but does not expressly disclose wherein the channel defined by the pair of inner ribs and the flat surface has a rectangular cross section. It is established that changes in shape are obvious to a PHOSITA. See MPEP 2144.04 (IV) (B) – Changes in Shape. Absent unexpected results or persuasive secondary considerations, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to change the shape of the channel in at least one cross section to be as claimed, and the results would be predictable.
Allowable Subject Matter
Claims 19 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 20-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose, or render obvious, the dishwasher as defined by the combination of claims 12 and 19, or by the combination of claims 12, 23, 24, and 25. There is no apparent teaching, suggestion, or motivation to modify the closest prior art, Choi et al. (US 2017/0354308; cited by Applicant), to further include: wherein the spray arm comprises: a first blade configured to spray the washing water into the washing space; and a second blade configured to supply the washing water including the microbubbles to the washing space, wherein the channel comprises (i) a spray channel defined inside the first blade and (ii) a bubble generating channel defined inside the second blade, wherein the upper cover comprises an upper rib that protrudes downward, and the lower cover comprises a lower rib that protrudes upward to the upper rib to thereby define the spray channel between the upper cover and the lower cover, and wherein the flat surface and the pair of inner ribs are disposed in the second blade and define at least a portion of the bubble generating channel; or wherein a channel height of the channel between the flat surface and the inner surface of the upper cover is less than a height of the flat surface protruding from the bottom surface of the lower cover.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at (571) 272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711