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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Claim Objections
Claim 11 is objected to because of the following informalities: line 1, “thee” should be “the”. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 10779705 to Ko et al (hereinafter Ko) in view of SE 539240 to Johan et al (hereinafter Johan).
Ko discloses (Claim 1). A dishwasher 100 comprising: a tub 130; and a rack 200 movably disposed in the tub 130, wherein the rack 200 comprises: a frame 210 disposed to be withdrawn from an inside of the tub 130; a basket 240 movably coupled to the frame 210 and having a slit 245a,b; and a lifting device 250 coupled to the frame 210 and moving the basket 240 up or down, wherein the lifting device 250 comprises: a body coupled to the frame 210; and a locking part protruding from the body and movably disposed in the slit 245a,b, wherein the locking part comprises: a penetration part 255a,b extending in a direction intersecting an extension direction of the slit 245a,b, and inserted into the slit; (Claim 3). The dishwasher of claim 1, wherein the body comprises (such as shown in Fig. 6): a shaft coupled to the frame 210; and a leg extending downwards from the shaft;
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(Claim 4). The dishwasher of claim 1, wherein the penetration part 255a,b is located within the slit 245a,b; (Claim 6). The dishwasher of claim 1, wherein the basket 240 comprises: a first wall 241 disposed on a lower side of the frame 210; and a protrusion part protruding from the first wall 241 toward the frame 210, with the slit 245a,b being formed therein.
The differences being that Ko fails to clearly disclose the limitations in (i) claim 1 of the locking part also includes a support part extending in a direction intersecting a direction in which the penetration part 255a,b is inserted into the slit 245a,b; (ii) claim 2; (iii) claim 3 of the slit is located between the leg and the support part, and the support part extends parallel to the leg; (iv) claim 4 of the support part is spaced apart from the slit in a direction facing the basket; (v) claim 5; (vi) claim 6 of the protrusion part comprises: a groove recessed in a direction facing an outside of the basket, and the support part is located inside the basket compared to the groove; (vii) claim 7; (viii) claim 13.
However, Johan discloses (Claim 1) a dishwasher comprising: a tub; and a rack movably disposed in the tub, wherein the rack comprises: a frame disposed to be withdrawn from an inside of the tub; a basket movably coupled to the frame and having a slit 21; and a lifting device coupled to the frame and moving the basket up or down, wherein the lifting device comprises (such as shown in Figs. 4a-b): a body 4; and a locking part 20 protruding from the body 4 and movably disposed in the slit 21, wherein the locking part 20 comprises: a penetration part extending in a direction intersecting an extension direction of the slit 21, and inserted into the slit 21; and a support part extending in a direction intersecting a direction in which the penetration part is inserted into the slit 21; (Claim 2). The dishwasher of claim 1, wherein the support part extends from the penetration part at a position spaced apart from the slit 21 (Fig. 4b); (Claim 3). The dishwasher of claim 1, wherein the body comprises: a shaft (upper portion of 4); and a leg extending downwards from the shaft, the slit 21 is located between the leg and the support part, and the support part extends parallel to the leg (Fig. 4b); (Claim 4). The dishwasher of claim 1, wherein the penetration part is located within the slit 21, and the support part is spaced apart from the slit 21 in a direction facing the basket; (Claim 6). The dishwasher of claim 1, wherein the basket comprises: a first wall; and a protrusion part protruding from the first wall toward the frame, with the slit 21 being formed therein, the protrusion part comprises: a groove recessed in a direction facing an outside of the basket, and the support part is located inside the basket compared to the groove (such as shown in Fig. 4b); (Claim 7). The dishwasher of claim 1, wherein a lower end of the support part is located higher than a lower end of the body; (Claim 13). The dishwasher of claim 1, wherein the support part extends to be offset from an extension direction of the slit.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Johan, to modify Ko to include the limitations in (i) claim 1 of the locking part also includes a support part extending in a direction intersecting a direction in which the penetration part 255a,b is inserted into the slit 245a,b; (ii) claim 2 of wherein the support part extends from the penetration part at a position spaced apart from the slit.; (iii) claim 3 of the slit is located between the leg and the support part, and the support part extends parallel to the leg; (iv) claim 4 of the support part is spaced apart from the slit in a direction facing the basket; (v) claim 5 of wherein the basket comprises a recess that is opened in a vertical direction and accommodates the support part; (vi) claim 6 of the protrusion part comprises: a groove recessed in a direction facing an outside of the basket, and the support part is located inside the basket compared to the groove; (vii) claim 7 of wherein a lower end of the support part is located higher than a lower end of the body; (viii) claim 13 of wherein the support part extends to be offset from an extension direction of the slit with a reasonable expectation of success in order to increase the overall versatility of the dishwasher.
Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, as modified, as applied to claim 1 above, and further in view of USP 12075960 to Ko (hereinafter Ko ‘960).
Ko, as modified, discloses all the elements as discussed above including the limitations in (i) claim 8 of further comprising: a wire 248a,b rotatably connected at an end thereof to the frame 210, at least a portion thereof being disposed below the basket 240,
The differences being that Ko, as modified, fails to clearly disclose the limitations in (i) claim 8 of wherein the basket comprises a support block that is located above the wire and contacts the wire when the basket is lowered; (ii) claims 9-12.
However, Ko ‘960 discloses a dishwasher comprising: a tub; and a rack movably disposed in the tub, wherein the rack 201 comprises: a frame 210 disposed to be withdrawn from an inside of the tub; a basket 230 movably coupled to the frame; and a lifting device 220 having a slit, coupled to the frame and moving the basket up or down; a wire 240 rotatably connected at an end thereof to the frame, at least a portion thereof being disposed below the basket 230, wherein the basket 230 comprises a support block 233 (Figs. 18-19) that is located above the wire 240 and contacts the wire 240 when the basket 230 is lowered; wherein the support block 233 comprises: a first block disposed between the frame and the wire 240; a second block protruding from the first block to the basket; a third block protruding from the first block to the basket, and spaced apart from the second block along an extension direction of the wire; and a fourth block protruding from the first block to the basket, and spaced apart from the third block along the extension direction of the wire 240; wherein the support block comprises a support surface inclined upwards along the extension direction of the wire; wherein an angle at which the support surface is inclined with respect to a horizontal direction is smaller than an angle at which the slit is inclined with respect to the horizontal direction; wherein the support block 233 is disposed at a position corresponding to the slit in the horizontal direction.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Ko ‘960, to modify Ko, as modified, to include the limitations in (i) claim 8 of wherein the basket comprises a support block that is located above the wire and contacts the wire when the basket is lowered; (ii) claims 9-12: claim 9 of wherein the support block comprises: a first block disposed between the frame and the wire; a second block protruding from the first block to the basket; a third block protruding from the first block to the basket, and spaced apart from the second block along an extension direction of the wire; and a fourth block protruding from the first block to the basket, and spaced apart from the third block along the extension direction of the wire; claim 10 of wherein the support block comprises a support surface inclined upwards along the extension direction of the wire; claim 11 of wherein an angle at which the support surface is inclined with respect to a horizontal direction is smaller than an angle at which the slit is inclined with respect to the horizontal direction; claim 12 of wherein the support block is disposed at a position corresponding to the slit in the horizontal direction with a reasonable expectation of success in order to increase the overall versatility of the dishwasher.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
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HVT
May 29, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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