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 § 102
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.
Claims 11-12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5044705 to Nelson.
Regarding claim 11, Nelson discloses a dishwashing appliance (col. 1, ll. 13-19; Fig. 7, part 73) comprising: a panel (Fig. 7, part 74); and a sheet of sound insulation material adhered to the panel (Fig. 7, part 83; col. 12, ll. 51-58), the sheet of sound insulation material comprising a bend (Fig. 8, parts 88-90) formed in the sheet of sound insulation material whereby the sheet of sound insulation material conforms to the panel of the dishwashing appliance (col. 12, ll. 1-16).
Regarding claim 12, Nelson discloses wherein the bend formed in the sheet of sound insulation material is formed along a hinge defined in the sheet of sound insulation material (col. 12, ll. 1-16).
Regarding claim 14, Nelson discloses wherein the bend formed in the sheet of sound insulation material is a first bend at a first location, further comprising a second bend at a second location in the sheet of sound insulation material (Fig. 8, parts. 88-90).
Regarding claim 15, Nelson discloses wherein the second bend is generally parallel to the first bend (Fig. 8, parts 88-89).
Regarding claim 16, Nelson discloses wherein the first bend formed in the sheet of sound insulation material is formed along a first hinge defined in the sheet of sound insulation material, and wherein the second bend formed in the sheet of sound insulation material is formed along a second hinge defined in the sheet of sound insulation material (Fig. 8, parts 88-89; col. 12, ll. 1-16).
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 1-2, 4-7, 9, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5044705 to Nelson in view of EP 2407079 to Fritz et al. (Fritz).
Regarding claim 1, Nelson discloses a method of assembling a dishwashing appliance (col. 1, ll. 13-19; Fig. 7, part 73), the method comprising: applying a sheet of sound insulation material to a panel of the dishwashing appliance (Fig. 7, parts 74 and 83; col. 12, ll. 1-16, 51-58); bending the sheet of sound insulation material after applying the sheet of sound insulation material to the panel of the dishwashing appliance (Fig. 8, parts 88-90; col. 12, ll. 1-16); and whereby the sheet of sound insulation material conforms to and adheres to the panel of the dishwashing appliance (col. 12, ll. 1-16 and 51-58). Nelson does not disclose or make obvious wherein baking the sheet of sound insulation material.
Fritz discloses a method of attaching a soundproofing pad (sheet) to a dishwasher (machine translation page 1, paragraph 1, “The present invention…”) wherein said soundproofing pad (sheet) may be heated (baked) in order to conform to a panel of the dishwasher thereof (machine translation, page 2, paragraph 2, “The publication GB…”).
Therefore, it would have been obvious at the time of filing to have modified the method of Nelson with the heating/baking of the pad/sheet as in Fritz all in order to achieve the predictable result of conforming the pad/sheet to a panel of the dishwasher thereof.
Regarding claim 2, Nelson in view of Fritz is relied upon as above in claim 1. Nelson discloses wherein bending the sheet of sound insulation material comprises bending the sheet of sound insulation material along a hinge defined in the sheet of sound insulation material (Fig. 8, parts 88-90; col. 12, ll. 1-16).
Regarding claim 4, Nelson in view of Fritz is relied upon as above in claim 1. Nelson discloses wherein bending the sheet of sound insulation material comprises bending the sheet of sound insulation material at a first location to form a first bend in the sheet of sound insulation material, further comprising bending the sheet of sound insulation material at a second location to form a second bend in the sheet of sound insulation material (Fig. 8, parts 88-90; col. 12, ll. 1-16).
Regarding claim 5, Nelson in view of Fritz is relied upon as above in claim 4. Nelson discloses wherein the second bend is generally parallel to the first bend (Fig. 8, parts 88-89).
Regarding claim 6, Nelson in view of Fritz is relied upon as above in claim 4. Nelson, as modified by Fritz above, discloses wherein bending the sheet of sound insulation material at the second location to form the second bend in the sheet of sound insulation material is performed after applying the sheet of sound insulation material to the panel of the dishwashing appliance and before baking the sheet of sound insulation material.
Regarding claim 7, Nelson in view of Fritz is relied upon as above in claim 4. Nelson discloses wherein bending the sheet of sound insulation material at the first location to form the first bend in the sheet of sound insulation material comprises bending the sheet of sound insulation material along a first hinge defined in the sheet of sound insulation material, and wherein bending the sheet of sound insulation material at the second location to form the second bend in the sheet of sound insulation material comprises bending the sheet of sound insulation material along a second hinge defined in the sheet of sound insulation material (Fig. 8, parts 88-89; col. 12, ll. 1-16).
Regarding claim 9, Nelson in view of Fritz is relied upon as above in claim 1. Nelson does not disclose wherein the panel comprises an inner panel of a door of the dishwashing appliance.
Fritz discloses wherein the panel comprises an inner panel of a door of the dishwashing appliance all in order to attenuate a sound coming therefrom (machine translation, page 3, paragraph 3, “Furthermore, the particular bitumen…”).
Therefore, it would have been obvious to have modified the method of Nelson with the application of the sound insulation on a door panel of the dishwasher all in order to attenuate a sound there from.
Regarding claim 18, Nelson is relied upon as above in claim 11. Nelson does not disclose or make obvious wherein the panel comprises an inner panel of a door of the dishwashing appliance.
Fritz discloses an apparatus and method of attaching a soundproofing pad (sheet) to a dishwasher (machine translation page 1, paragraph 1, “The present invention…”) wherein the panel comprises an inner panel of a door of the dishwashing appliance all in order to attenuate a sound coming therefrom (machine translation, page 3, paragraph 3, “Furthermore, the particular bitumen…”).
Therefore, it would have been obvious to have modified the apparatus of Nelson with the application of the sound insulation on a door panel of the dishwasher all in order to attenuate a sound there from.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5044705 to Nelson in view of EP 2407079 to Fritz et al. (Fritz) further in view of CA 2214302 to Blanquera et al. (Blanquera).
Regarding claims 3 and 8, Nelson in view of Fritz is relied upon as above in claims 2 and 7, respectively. Nelson in view of Fritz do not disclose or make obvious wherein the hinge comprises a slot formed through the sheet of sound insulation material and a tab extending across the slot or wherein the first hinge comprises a first slot formed through the sheet of sound insulation material and a first tab extending across the first slot, and wherein the second hinge comprises a second slot formed through the sheet of sound insulation material and a second tab extending across the second slot.
Blanquera discloses a method of attaching an insulation product to an appliance using Velcro, hooks, loops, clips, sewing, buttons, zippers, etc. (page 3, ll. 19-32 and page 4, ll. 1-3) all in order to achieve the predictable result of attaching the insulation thereto.
Therefore, it would have been obvious to try, as evidenced by the various attachment means of Blanquera, to have modified the method of Nelson in view of Fritz by using a tab/slot attachment means all in order to achieve the predictable result of attaching the insulation to a dishwashing appliance thereof.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5044705 to Nelson in view of EP 2407079 to Fritz et al. (Fritz) further in view of CA 1138647 to Johnson.
Regarding claim 10, Nelson in view of Fritz is relied upon as above in claim 1. Nelson in view of Fritz does not disclose or make obvious wherein the sound insulation material comprises a mastic material.
Johnson discloses a sound insulation for appliances (see Abstract) wherein the sound insulation material comprises a mastic material (page 5, ll. 5-10) all in order to absorb low frequency noises thereof.
Therefore, it would have been obvious at the time of filing to have modified the sound insulation material of Nelson view of Fritz with the mastic material of Johnson all in order to absorb low frequency noises thereof.
Claims 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,044,705 to Nelson in view of CA 2214302 to Blanquera et al. (Blanquera).
Regarding claims 13 and 17, Nelson is relied upon as above in claims 12 and 16, respectively. Nelson does not disclose or make obvious wherein the hinge comprises a slot formed through the sheet of sound insulation material and a tab extending across the slot or wherein the first hinge comprises a first slot formed through the sheet of sound insulation material and a first tab extending across the first slot, and wherein the second hinge comprises a second slot formed through the sheet of sound insulation material and a second tab extending across the second slot.
Blanquera discloses a means of attaching an insulation product to an appliance using Velcro, hooks, loops, clips, sewing, buttons, zippers, etc. (page 3, ll. 19-32 and page 4, ll. 1-3) all in order to achieve the predictable result of attaching the insulation thereto.
Therefore, it would have been obvious to try, as evidenced by the various attachment means of Blanquera, to have modified the apparatus of Nelson by using a tab/slot attachment means all in order to achieve the predictable result of attaching the insulation to a dishwashing appliance thereof.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5044705 to Nelson in view of CA 1138647 to Johnson.
Regarding claim 19, Nelson is relied upon as above in claim 11. Nelson does not disclose or make obvious wherein the sound insulation material comprises a mastic material.
Johnson discloses a sound insulation for appliances (see Abstract) wherein the sound insulation material comprises a mastic material (page 5, ll. 5-10) all in order to absorb low frequency noises thereof.
Therefore, it would have been obvious at the time of filing to have modified the sound insulation material of Nelson with the mastic material of Johnson all in order to absorb low frequency noises thereof.
Conclusion
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BENJAMIN LEE OSTERHOUT
Primary Examiner
Art Unit 1711
/BENJAMIN L OSTERHOUT/Primary Examiner, Art Unit 1711