Prosecution Insights
Last updated: October 01, 2026
Application No. 18/730,400

METHOD, COMPUTER PROGRAM PRODUCT, AND DISHWASHER

Final Rejection §103
Filed
Jul 19, 2024
Priority
Feb 25, 2022 — DE 10 2022 201 954.7 +1 more
Examiner
COLEMAN, RYAN L
Art Unit
1714
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BSH Hausgeräte GmbH
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
385 granted / 687 resolved
-9.0% vs TC avg
Strong +60% interview lift
Without
With
+59.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
29 currently pending
Career history
724
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
58.2%
+18.2% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 687 resolved cases

Office Action

§103
DETAILED ACTION 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 § 103 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. 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. Claims 14, 19, 20, 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang. With regard to claim 14, Kreutzfeldt teaches a method for operating a dishwasher, wherein the method comprises a user selecting a washing program from among a plurality of selectable washing programs, and wherein the dishwasher then executes the selected washing program (Abstract; Par. 0031 and 0042). The selected washing program of Kreutzfeldt comprises a pre-washing step and a cleaning step (called the “main wash” in Figure 2 of Kreutzfeldt) that follows the pre-washing step (Par. 0031-0035). The pre-washing step of Kreutzfeldt comprises supplying water into a washing compartment of the dishwasher to provide a washing liquor (Par. 0032). The pre-washing step of Kreutzfeldt comprises dispensing an amount of detergent into the washing liquor (Par. 0033). The pre-washing step of Kreutzfeldt comprises circulating the washing liquor and applying the washing liquor to items to be washed arranged in the washing compartment (Par. 0032 and 0033). Kreutzfeldt teaches executing the pre-washing without heating the water supplied into the washing compartment for performing the pre-washing (Par. 0032). In the method of Kreutzfeldt, the cleaning step comprises supplying fresh water into the washing compartment, heating the water to a predetermined temperature, and circulating the heated washing water such that the heated washing water is supplied to the to-be-washed items in the washing compartment (Par. 0034 and 0042). Kreutzfeldt does not explicitly teach that heating washing liquor in the cleaning step comprises heating washing liquor formed during the pre-washing step. However, between the pre-washing step and the cleaning step, washing liquor of the pre-washing step is removed merely by activating the drain pump for a period of time (Par. 0033). It is reasonably expected that not all washing liquor will be removed from the dishwasher interior by such a drain pump activation – some residue of washing liquor is reasonably expected to remain inside the dishwasher after that drain pump activation. In fact, in the art of dishwashing, it is well-known that a heated drying step is sometimes needed if one wants to remove water residue from a dishwasher’s interior; without an actual drying step, water residue may remain on dishes, for example. Thus, in the method of Kreutzfeldt, it is reasonably expected that water added into the dishwasher for performing the cleaning step will mix with washing liquor residue from the pre-washing step. As discussed, Kreutzfeldt teaches that the circulated washing liquor used to performing the cleaning step is heated (Par. 0034). However, Kreutzfeldt does not explicitly teach that this heating of the washing liquor is performed by a heater. However, in the art of dishwashing, it is well known that a dishwasher’s interior can comprise a heater that is able to successfully perform heating of washing liquid. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt such that the heating of the washing liquor of the cleaning step is performed by a heater in the dishwasher, as it is well known in the dishwashing art that such a heater can successfully be used to perform heating of washing liquid. Kreutzfeldt does not teach that further cleaning agent is prevented from being dispensed and dissolved in the cleaning step. Liang teaches that, when attempting to supply detergent during a pre-washing phase and to supply detergent during a subsequent washing phase, such supply steps can be achieved with a layered detergent, wherein a first layer of detergent is configured to dissolve during the pre-washing phase and a second layer of detergent is configured to dissolve during the later washing phase (Abstract; page 39 of translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt by having the detergent dispensed during the pre-washing be a layered detergent, wherein the dissolving of a first layer releases detergent into the pre-washing step, wherein a layer dissolving of a second layer releases detergent into the later cleaning step, and wherein further cleaning agent is not dispensed into the liquor during said later cleaning step. Motivation for performing the modification was provided by Liang, who teaches that, when attempting to supply detergent during a pre-washing phase and to supply detergent during a subsequent washing phase, such supply steps can be achieved with a layered detergent, wherein a first layer of detergent is configured to dissolve during the pre-washing phase and a second layer of detergent is configured to dissolve during the later washing phase. In this combination of Kreutzfeldt in view of Liang, there is no need to further dispense cleaning agent into the dishwasher’s interior after the layered detergent is dispensed; thus, in this combination of Kreutzfeldt in view of Liang, further cleaning agent is considered to be prevented from being dispensed and dissolved during the cleaning step. As discussed, the pre-washing step of Kreutzfeldt in view of Liang comprises dispensing an amount of layered detergent into the washing liquor. The combination of Kreutzfeldt in view of Liang does not explicitly teach that the dispensed amount of detergent is a predetermined amount. However, in the art of dishwashing, it is well known to have a dispensed amount of detergent be a predetermined amount, as having the amount be predetermined allows an optimum amount of detergent to be dispensed – an amount sufficient to achieve the desired cleaning without being wasteful of detergent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang by having the amount of detergent dispensed in the pre-washing step be a predetermined amount – the motivation being that a predetermined amount can be an optimum amount. As discussed, the pre-washing step of Kreutzfeldt in view of Liang comprises dispensing an amount of layered detergent into the washing liquor. The combination of Kreutzfeldt in view of Liang does not explicitly teach that this dispensing is performed by a dispensing unit. However, in the art of dishwashing, it is well known that a computer-controlled dispenser unit of a dishwasher can successfully be used to dispense detergent into a dishwasher at a preprogrammed time in a cycle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang such that the dishwasher comprises a dispensing unit that serves to dispense the layered detergent into the washing liquor during the pre-washing step, wherein the dispensing of layered detergent is programmed-controlled such that the dispensing occurs during the pre-washing step. Motivation for performing the modification was provided by the fact that in the art of dishwashing, it is well known that a computer-controlled dispenser unit of a dishwasher can successfully be used to dispense detergent into a dishwasher at a preprogrammed time in a cycle. With regard to claim 19, the combination of Kreutzfeldt in view of Liang teaches having the cleaning temperature be, for example, 50°C (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not recite that the cleaning temperature is a value between 50°C and 60°C. However, in the art of dishwashing, it is well known that the temperature of a dishwashing step is a result-effective variable because it heat requires energy but increased heat can also aid the effectiveness of a dishwashing step. In accordance with MPEP 2144.05, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang by optimizing the cleaning temperature as that temperature is a result-effective variable. With regard to claim 20, in the combination of Kreutzfeldt in view of Liang, the layered detergent dispensed in the pre-washing is solid detergent that disintegrates (page 39 of Liang translation). With regard to claim 21, in the developed combination of Kreutzfeldt in view of Liang, the only dispensed and dissolved cleaning agent is the layered detergent dispensed in the pre-washing step. With regard to claim 25, the modified method of Kreutzfeldt in view of Liang is discussed in the rejection of claim 14. The method of Kreutzfeldt in view of Liang does not explicitly recite that the method is in the form of commands on a non-transitory computer readable medium. However, in the art of dishwashing, it is well known to have operations of a dishwasher programmed to be executed by a computer controller of the dishwasher so that a dishwasher operating method can advantageously be executed in an automated manner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Kreutzfeldt in view of Liang by having the method programed into a computer controller of the dishwasher such that the method can be executed in an automated manner. Motivation for performing the modification was provided by the fact that, in the art of dishwashing, it is well known to have operations of a dishwasher programmed to be executed by a computer controller of the dishwasher so that a dishwasher operating method can advantageously be executed in an automated manner. Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 14 above, and further in view of EP0553803 by Premoli. With regard to claim 15, the combination of Kreutzfeldt in view of Liang does not teach performing a pre-treating step before the pre-washing step, wherein the pre-treating step comprises heating and circulating washing liquor. Kreutzfeldt teaches that the plurality of selectable washing programs comprises an “intensive” washing program option (Par. 0012, 0039, and 0042). Kreutzfeldt also teaches that a program’s pre-washing can involve a sequence of pre-washing with cold and hot water (Par. 0032). Premoli teaches that, when a dishwasher has a plurality of selectable washing programs, an “intensive” program for cleaning very soiled dishes can advantageously begin with a hot pre-wash step in which heated water is sprayed in the dishwasher (Col. 1, lines 11-56). Premoli teaches that a hot pre-wash step can advantageously contribute to dish cleaning via mechanical and thermic action (Col 1, lines 6-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang such that a user can select an “intensive” washing program for cleaning very soiled dishes, wherein the step of pre-washing with non-heated, detergent-containing water is preceded by a initial pre-washing step of supplying water into the dishwasher, heating said water, and circulating the heated water such that the heated water is sprayed onto the dishes. This “initial pre-washing step” is what corresponds to applicant’s pre-treating step. Kreutzfeldt teaches that a program’s pre-washing can involve pre-washing steps of pre-washing with cold water and pre-washing with hot water, and motivation for starting an “intensive” program with a hot water initial pre-washing step was provided by Premoli, who teaches that, when a dishwasher has a plurality of selectable washing programs, an “intensive” program for cleaning very soiled dishes can advantageously begin with a hot pre-wash step in which heated water is sprayed in the dishwasher, wherein the hot pre-wash step contributes to dish cleaning via mechanical and thermic action. With regard to claim 16, in the method of Kreutzfeldt in view of Liang in view of Premoli, the pre-washing with unheated, detergent-comprising water occurs after the hot initial prewashing step. With regard to claim 17, the method of Kreutzfeldt in view of Liang in view of Premoli, as developed thus far, does not teach performing at least a partial pumping out of the washing water between the hot initial prewashing step and the unheated, detergent-comprising prewashing step. However, Kreutzfeldt teaches that between washing steps, used washing water can be drain pumped away such that entrained contaminants are also removed from the dishwasher (Par. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang in view of Premoli by performing at least a partial drain pumping of the used water between the hot initial prewashing step and the unheated, detergent-comprising prewashing step. Kreutzfeldt teaches that between washing steps, used washing water can be drain pumped away such that entrained contaminants are also removed from the dishwasher, and motivation for performing the modification would be to remove the contaminants entrained in the hot prewashing water prior to beginning the next prewashing step. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang in view of EP0553803 by Premoli as applied to claim 17 above, and further in view of JP2007007282 by Saneda. With regard to claim 18, the combination of Kreutzfeldt in view of Liang in view of Premoli does not teach detecting an amount of dirt in the water used to perform the hot initial prewashing step at the end of that hot prewashing step and ascertaining a volume of water to be pumped out of the dishwasher as a function of that detected amount of dirt. Saneda teaches that, when at least partially discharging prewashing water after a prewashing step, a sensor can detect an amount of dirt in the used prewashing water such that the duration of running the drainage pump is adjusted based on the detected amount of dirt in the used prewashing water, wherein the dump is driven for a shorter amount of time when there is less dirt detected, as water used in the prewashing step can be reused for later washing when that water isn’t very dirty, thus conserving water (pages 20-21 of translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang in view of Premoli by having a sensor arranged to detect an amount of dirt dissolves in the prewashing water at the end of the step of performing the hot initial prewashing, wherein duration of running the drain pump (between the hot prewashing and the later nonheated prewashing) is based on the detected amount of dirt dissolved in the prewashing water, with the drain pump driven for a shorter period of time when there is less dirt detected. Motivation for using the dirt level to adjust how much draining occurs was provided by Saneda, who teaches that, when at least partially discharging prewashing water after a prewashing step, a sensor can detect an amount of dirt in the used prewashing water such that the duration of running the drainage pump is adjusted based on the detected amount of dirt in the used prewashing water, wherein the dump is driven for a shorter amount of time when there is less dirt detected, as water used in the prewashing step can be reused for later washing when that water isn’t very dirty, thus conserving water. Motivation for having the sensing of dirt take place at the end of the hot prewashing step is that the end is the time that would indicate how much dirt has been accumulated by the water during the hot prewashing, thus indicating if that used water is so dirty that its future reuse should be limited. The combination of Kreutzfeldt in view of Liang in view of Premoli in view of Saneda controls the drain pump (based on the sensed dirt level) in terms of duration of pump operation, not explicitly in terms of “volume of washing liquor to be pumped” as recited by applicant. However, since a pump’s duration of operation can be translated into a volume of water pumped by that pump, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang in view of Premoli in view of Saneda by having the dishwasher’s controller execute the controlled draining (based on the sensed dirt level) in terms of volume of water pumped instead of duration of pump operation. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 14 above, and further in view of EP0553803 by Premoli. With regard to claim 23, the combination of Kreutzfeldt in view of Liang teaches having the washing program executed in a “silent mode” wherein a pump rotation speed is lower in order to reduce the level of irritating noise for a consumer (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang teaches that this “silent mode” washing program is thus quieter than a “standard” program” (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not specify that such a “standard” program is one wherein detergent is not dispensed for use in a prewashing phase. Premoli teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step (Col. 1, lines 6-50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang such that at least one of the “standard” washing program options of the dishwasher is one in which the pre-washing step doesn’t use detergent. Motivation for performing the modification was provided by Premoli, who teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step. Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 14 above, and further in view of EP0553803 by Premoli. With regard to claim 24, the combination of Kreutzfeldt in view of Liang teaches having a washing program executed in a “quick” mode having a shortened duration (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not teach that one of the prewashing step and the cleaning step is shortened. However, since the prewashing step and the cleaning step are both component steps of a washing program, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang by making that washing program a “quick” program by having the duration of the prewashing step and/or the cleaning step be shorter than the corresponding steps of an alternate selectable washing program, as shorting the prewashing step and/or the cleaning step would contribute to making the washing program quicker. Motivation for having the washing program be a “quick” program would be to perform the cleaning faster so that the consumer’s dishes are ready for reuse sooner. The combination of Kreutzfeldt in view of Liang does not specify that the alternate selectable program is one wherein detergent is not dispensed for use in a prewashing phase. Premoli teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step (Col. 1, lines 6-50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang such that at least one of the “standard” washing program options of the dishwasher is one in which the pre-washing step doesn’t use detergent. Motivation for performing the modification was provided by Premoli, who teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step. Claims 26 and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang. With regard to claim 26, Kreutzfeldt teaches a dishwasher, wherein a method for operating said dishwasher comprises a user selecting a washing program from among a plurality of selectable washing programs, and wherein the dishwasher then executes the selected washing program (Abstract; Par. 0031 and 0042). The selected washing program of Kreutzfeldt comprises a pre-washing step and a cleaning step (called the “main wash” in Figure 2 of Kreutzfeldt) that follows the pre-washing step (Par. 0031-0035). The pre-washing step of Kreutzfeldt comprises supplying water into a washing compartment of the dishwasher to provide a washing liquor (Par. 0032). The pre-washing step of Kreutzfeldt comprises dispensing an amount of detergent into the washing liquor (Par. 0033). The pre-washing step of Kreutzfeldt comprises circulating the washing liquor and applying the washing liquor to items to be washed arranged in the washing compartment (Par. 0032 and 0033). Kreutzfeldt teaches executing the pre-washing without heating the water supplied into the washing compartment for performing the pre-washing (Par. 0032). In the teachings of Kreutzfeldt, the cleaning step comprises supplying fresh water into the washing compartment, heating the water to a predetermined temperature, and circulating the heated washing water such that the heated washing water is supplied to the to-be-washed items in the washing compartment (Par. 0034 and 0042). Kreutzfeldt does not explicitly recite that the dishwasher comprises a control apparatus. However, in the art of dishwashing, it is well known to have operations of a dishwasher programmed to be executed by a computer controller of the dishwasher so that a dishwasher operating method can advantageously be executed in an automated manner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt by having the dishwasher comprise a computer controller programmed to execute the method teachings of Kreutzfeldt. Motivation for performing the modification was provided by the fact that, in the art of dishwashing, it is well known to have operations of a dishwasher programmed to be executed by a computer controller of the dishwasher so that a dishwasher operating method can advantageously be executed in an automated manner. Kreutzfeldt does not explicitly teach that heating washing liquor in the cleaning step comprises heating washing liquor formed during the pre-washing step. However, between the pre-washing step and the cleaning step, washing liquor of the pre-washing step is removed merely by activating the drain pump for a period of time (Par. 0033). It is reasonably expected that not all washing liquor will be removed from the dishwasher interior by such a drain pump activation – some residue of washing liquor is reasonably expected to remain inside the dishwasher after that drain pump activation. In fact, in the art of dishwashing, it is well-known that a heated drying step is sometimes needed if one wants to remove water residue from a dishwasher’s interior; without an actual drying step, water residue may remain on dishes, for example. Thus, in the teachings of Kreutzfeldt, it is reasonably expected that water added into the dishwasher for performing the cleaning step will mix with washing liquor residue from the pre-washing step. Kreutzfeldt does not teach that further cleaning agent is prevented from being dispensed and dissolved in the cleaning step. Liang teaches that, when attempting to supply detergent during a pre-washing phase and to supply detergent during a subsequent washing phase, such supply steps can be achieved with a layered detergent, wherein a first layer of detergent is configured to dissolve during the pre-washing phase and a second layer of detergent is configured to dissolve during the later washing phase (Abstract; page 39 of translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt by having the detergent dispensed during the pre-washing be a layered detergent, wherein the dissolving of a first layer releases detergent into the pre-washing step, wherein a layer dissolving of a second layer releases detergent into the later cleaning step, and wherein further cleaning agent is not dispensed into the liquor during said later cleaning step. Motivation for performing the modification was provided by Liang, who teaches that, when attempting to supply detergent during a pre-washing phase and to supply detergent during a subsequent washing phase, such supply steps can be achieved with a layered detergent, wherein a first layer of detergent is configured to dissolve during the pre-washing phase and a second layer of detergent is configured to dissolve during the later washing phase. In this combination of Kreutzfeldt in view of Liang, there is no need to further dispense cleaning agent into the dishwasher’s interior after the layered detergent is dispensed; thus, in this combination of Kreutzfeldt in view of Liang, further cleaning agent is considered to be prevented from being dispensed and dissolved during the cleaning step. As discussed, the pre-washing step of Kreutzfeldt in view of Liang comprises dispensing an amount of detergent into the washing liquor (Par. 0033 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not explicitly teach that the dispensed amount of detergent is a predetermined amount. However, in the art of dishwashing, it is well known to have a dispensed amount of detergent be a predetermined amount, as having the amount be predetermined allows an optimum amount of detergent to be dispensed – an amount sufficient to achieve the desired cleaning without being wasteful of detergent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang by having the amount of detergent dispensed in the pre-washing step be a predetermined amount – the motivation being that a predetermined amount can be an optimum amount. As discussed, the combination of Kreutzfeldt in view of Liang teaches that the circulated washing liquor used to performing the cleaning step is heated (Par. 0034 of Kreutzfeldt). However, the combination of Kreutzfeldt in view of Liang does not explicitly teach that this heating of the washing liquor is performed by a heater. However, in the art of dishwashing, it is well known that a dishwasher’s interior can comprise a heater that is able to successfully perform heating of washing liquid. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang such that the heating of the washing liquor of the cleaning step is performed by a heater in the dishwasher, as it is well known in the dishwashing art that such a heater can successfully be used to perform heating of washing liquid. As discussed, the pre-washing step of Kreutzfeldt in view of Liang comprises dispensing an amount of layered detergent into the washing liquor. The combination of Kreutzfeldt in view of Liang does not explicitly teach that this dispensing is performed by a dispensing unit. However, in the art of dishwashing, it is well known that a computer-controlled dispenser unit of a dishwasher can successfully be used to dispense detergent into a dishwasher at a preprogrammed time in a cycle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang such that the dishwasher comprises a dispensing unit that serves to dispense the layered detergent into the washing liquor during the pre-washing step, wherein the dispensing of layered detergent is programmed-controlled such that the dispensing occurs during the pre-washing step. Motivation for performing the modification was provided by the fact that in the art of dishwashing, it is well known that a computer-controlled dispenser unit of a dishwasher can successfully be used to dispense detergent into a dishwasher at a preprogrammed time in a cycle. With regard to claim 31, the combination of Kreutzfeldt in view of Liang teaches having the cleaning temperature be, for example, 50°C (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not recite that the cleaning temperature is a value between 50°C and 60°C. However, in the art of dishwashing, it is well known that the temperature of a dishwashing step is a result-effective variable because it heat requires energy but increased heat can also aid the effectiveness of a dishwashing step. In accordance with MPEP 2144.05, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher of Kreutzfeldt in view of Liang by optimizing the cleaning temperature as that temperature is a result-effective variable. With regard to claim 32, in the combination of Kreutzfeldt in view of Liang, the layered detergent dispensed in the pre-washing is solid detergent that disintegrates (page 39 of Liang translation). With regard to claim 33, in the developed combination of Kreutzfeldt in view of Liang, the only dispensed and dissolved cleaning agent is the layered detergent dispensed in the pre-washing step. Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 26 above, and further in view of EP0553803 by Premoli. With regard to claim 27, the combination of Kreutzfeldt in view of Liang does not teach performing a pre-treating step before the pre-washing step, wherein the pre-treating step comprises heating and circulating washing liquor. Kreutzfeldt teaches that the plurality of selectable washing programs comprises an “intensive” washing program option (Par. 0012, 0039, and 0042). Kreutzfeldt also teaches that a program’s pre-washing can involve a sequence of pre-washing with cold and hot water (Par. 0032). Premoli teaches that, when a dishwasher has a plurality of selectable washing programs, an “intensive” program for cleaning very soiled dishes can advantageously begin with a hot pre-wash step in which heated water is sprayed in the dishwasher (Col. 1, lines 11-56). Premoli teaches that a hot pre-wash step can advantageously contribute to dish cleaning via mechanical and thermic action (Col 1, lines 6-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang such that a user can select an “intensive” washing program for cleaning very soiled dishes, wherein the step of pre-washing with non-heated, detergent-containing water is preceded by a initial pre-washing step of supplying water into the dishwasher, heating said water, and circulating the heated water such that the heated water is sprayed onto the dishes. This “initial pre-washing step” is what corresponds to applicant’s pre-treating step. Kreutzfeldt teaches that a program’s pre-washing can involve pre-washing steps of pre-washing with cold water and pre-washing with hot water, and motivation for starting an “intensive” program with a hot water initial pre-washing step was provided by Premoli, who teaches that, when a dishwasher has a plurality of selectable washing programs, an “intensive” program for cleaning very soiled dishes can advantageously begin with a hot pre-wash step in which heated water is sprayed in the dishwasher, wherein the hot pre-wash step contributes to dish cleaning via mechanical and thermic action. With regard to claim 28, in the apparatus of Kreutzfeldt in view of Liang in view of Premoli, the per-washing with unheated, detergent-comprising water occurs after the hot initial prewashing step. With regard to claim 29, the apparatus of Kreutzfeldt in view of Liang in view of Premoli, as developed thus far, does not teach performing at least a partial pumping out of the washing water between the hot initial prewashing step and the unheated, detergent-comprising prewashing step. However, Kreutzfeldt teaches that between washing steps, used washing water can be drain pumped away such that entrained contaminants are also removed from the dishwasher (Par. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang in view of Premoli by performing at least a partial drain pumping of the used water between the hot initial prewashing step and the unheated, detergent-comprising prewashing step. Kreutzfeldt teaches that between washing steps, used washing water can be drain pumped away such that entrained contaminants are also removed from the dishwasher, and motivation for performing the modification would be to remove the contaminants entrained in the hot prewashing water prior to beginning the next prewashing step. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang in view of EP0553803 by Premoli as applied to claim 29 above, and further in view of JP2007007282 by Saneda. With regard to claim 30, the combination of Kreutzfeldt in view of Liang in view of Premoli does not detecting an amount of dirt in the water used to perform the hot initial prewashing step at the end of that hot prewashing step and ascertaining a volume of water to be pumped out of the dishwasher as a function of that detected amount of dirt. Saneda teaches that, when at least partially discharging prewashing water after a prewashing step, a sensor can detect an amount of dirt in the used prewashing water such that the duration of running the drainage pump is adjusted based on the detected amount of dirt in the used prewashing water, wherein the dump is driven for a shorter amount of time when there is less dirt detected, as water used in the prewashing step can be reused for later washing when that water isn’t very dirty, thus conserving water (pages 20-21 of translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang in view of Premoli by having a sensor arranged to detect an amount of dirt dissolves in the prewashing water at the end of the step of performing the hot initial prewashing, wherein duration of running the drain pump (between the hot prewashing and the later nonheated prewashing) is based on the detected amount of dirt dissolved in the prewashing water, with the drain pump driven for a shorter period of time when there is less dirt detected. Motivation for using the dirt level to adjust how much draining occurs was provided by Saneda, who teaches that, when at least partially discharging prewashing water after a prewashing step, a sensor can detect an amount of dirt in the used prewashing water such that the duration of running the drainage pump is adjusted based on the detected amount of dirt in the used prewashing water, wherein the dump is driven for a shorter amount of time when there is less dirt detected, as water used in the prewashing step can be reused for later washing when that water isn’t very dirty, thus conserving water. Motivation for having the sensing of dirt take place at the end of the hot prewashing step is that the end is the time that would indicate how much dirt has been accumulated by the water during the hot prewashing, thus indicating if that used water is so dirty that its future reuse should be limited. The combination of Kreutzfeldt in view of Liang in view of Premoli in view of Saneda controls the drain pump (based on the sensed dirt level) in terms of duration of pump operation, not explicitly in terms of “volume of washing liquor to be pumped” as recited by applicant. However, since a pump’s duration of operation can be translated into a volume of water pumped by that pump, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang in view of Premoli in view of Saneda by having the dishwasher’s controller execute the controlled draining (based on the sensed dirt level) in terms of volume of water pumped instead of duration of pump operation. Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 26 above, and further in view of EP0553803 by Premoli. With regard to claim 35, the combination of Kreutzfeldt in view of Liang teaches having the washing program executed in a “silent mode” wherein a pump rotation speed is lower in order to reduce the level of irritating noise for a consumer (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang teaches that this “silent mode” washing program is thus quieter than a “standard” program” (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not specify that such a “standard” program is one wherein detergent is not dispensed for use in a prewashing phase. Premoli teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step (Col. 1, lines 6-50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang such that at least one of the “standard” washing program options of the dishwasher is one in which the pre-washing step doesn’t use detergent. Motivation for performing the modification was provided by Premoli, who teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step. Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2011/0192426 by Kreutzfeldt in view of CN108774615 by Liang as applied to claim 26 above, and further in view of EP0553803 by Premoli. With regard to claim 36, the combination of Kreutzfeldt in view of Liang teaches having a washing program executed in a “quick” mode having a shortened duration (Par. 0042 of Kreutzfeldt). The combination of Kreutzfeldt in view of Liang does not teach that one of the prewashing step and the cleaning step is shortened. However, since the prewashing step and the cleaning step are both component steps of a washing program, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kreutzfeldt in view of Liang by making that washing program a “quick” program by having the duration of the prewashing step and/or the cleaning step be shorter than the corresponding steps of an alternate selectable washing program, as shorting the prewashing step and/or the cleaning step would contribute to making the washing program quicker. Motivation for having the washing program be a “quick” program would be to perform the cleaning faster so that the consumer’s dishes are ready for reuse sooner. The combination of Kreutzfeldt in view of Liang does not specify that the alternate selectable program is one wherein detergent is not dispensed for use in a prewashing phase. Premoli teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step (Col. 1, lines 6-50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kreutzfeldt in view of Liang such that at least one of the “standard” washing program options of the dishwasher is one in which the pre-washing step doesn’t use detergent. Motivation for performing the modification was provided by Premoli, who teaches that a “standard” dishwashing program for cleaning dishes that have a normal amount of contamination can successfully be performed with a pre-washing step that doesn’t comprise detergent added for the pre-washing step. Response to Arguments Applicant's arguments filed May 6, 2026 have been fully considered but they are not persuasive. On page 11 of applicant’s arguments, applicant argues the following: Liang does not remedy the deficiencies of Kreuzfeldt. For example, Liang discloses that “[i]t effectively prevented from the too early input of detergent active ingredient”. See Liang, Abstract. Here, Liang is teaching away from “preventing further cleaning agent from being dispensed and dissolved in the washing liquor during the sub-program step of cleaning,” as in amended claim 14. For example, Liang is teaching that it is advantageous to prevent too early of dissolving, or dispensing, cleaning agent in the washing liquor. In amended claim 14, the cleaning agent is dispensed to be dissolved in the washing liquor early (e.g., in the pre-washing sub-program, while preventing further agent from being dispensed and dissolved in the washing liquor during the sub-program step of cleaning), so Liang teaches away from the claimed feature of “preventing further cleaning agent from being dispensed and dissolved in the washing liquor during the sub-program step of cleaning,” as in amended claim 14. This line of argument is not persuasive. As discussed in the rejection of claim 14, Liang teaches that, when attempting to supply detergent during a pre-washing phase and to supply detergent during a subsequent washing phase, such supply steps can be achieved with a layered detergent, wherein a first layer of detergent is configured to dissolve during the pre-washing phase and a second layer of detergent is configured to dissolve during the later washing phase (Abstract; page 39 of translation). Liang may warn against dispensing a detergent too early, but that doesn’t change the fact that Liang does teach the above-discussed detergent having first and second layers, wherein the first layer of detergent dissolves during the pre-washing and the second layer of detergent dissolves during the layer washing phase (page 39 of translation). Applicant’s claims don’t recite that all of the dispensed cleaning agent dissolves during applicant’s pre-washing step. Applicant’s claim 14 just specifies that the dispensed cleaning agent has “to dissolve” during the pre-washing, but that language leaves open the possibility that only a portion of the dispensed cleaning agent dissolves into the washing water. For example, if a solid tablet of detergent is dispensed into the dishwasher’s water and half of that solid tablet dissolves during the pre-washing step, then that dispensed solid table can be considered a cleaning agent that has undergone some dissolving during the pre-washing step. In this solid tablet example, it would be valid to say that the tablet has undergone some dissolving during the pre-washing step because half of the tablet did dissolve during the pre-washing step. Applicant’s arguments seem to imply that the phrase “to dissolve” is equivalent to the phrase “to completely dissolve”, but as the above “solid tablet” example shows, a solid detergent tablet could dissolve some during a pre-washing step without completely dissolving during the pre-washing step. In the last two lines of claim 14, applicant recites “preventing further cleaning agent from being dispensed and dissolved in the washing liquor during the sub-program step of cleaning”. Note the word “and” in the phrase “dispensed and dissolved”. In the examiner’s combination of Kreutzfeldt in view of Liang, the detergent that dissolves during the cleaning step was originally dispensed during the pre-washing step. Thus, in the examiner’s combination of Kreutzfeldt in view of Liang, the detergent that dissolves during the cleaning step is not “dispensed and dissolved” during the cleaning step because it is not “dispensed” during the cleaning step. Applicant’s arguments with regard to claim 26 are the same as those with regard to claim 14. Similarly, the examiner’s responses to those repeated arguments are also repeated, mutatis mutandis. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L COLEMAN whose telephone number is (571)270-7376. The examiner can normally be reached 9-5 Monday-Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at (571)272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RLC/ Ryan L. Coleman Patent Examiner, Art Unit 1714 /KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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Prosecution Timeline

Jul 19, 2024
Application Filed
Mar 17, 2026
Non-Final Rejection mailed — §103
Apr 22, 2026
Examiner Interview Summary
Apr 22, 2026
Applicant Interview (Telephonic)
May 06, 2026
Response Filed
Sep 09, 2026
Final Rejection mailed — §103 (current)

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3-4
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+59.7%)
3y 3m (~1y 0m remaining)
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