DETAILED ACTION
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 7 and 10-20 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 7 recites “the lid assembly is hingeably attached footwear cleaner assembly.” This limitation cannot be understood as it appears words may be missing. Also, the lid assembly would not be attached to the footwear cleaner assembly since the lid assembly is part of the footwear cleaning assembly.
Claim 10 recites “the agitation element extending along the axial direction and liquid in the wash basket.” This limitation cannot be understood as it is unclear the relationship between the agitation element and liquid in the wash basket.
Claim 18 recites “the lid assembly is hingeably attached footwear cleaner assembly.” This limitation cannot be understood as it appears words may be missing. Also, the lid assembly would not be attached to the footwear cleaner assembly since the lid assembly is part of the footwear cleaning assembly.
Remaining claims are rejected due to their dependency on a rejected claim.
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.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN220057362U by Gai et al.
As to claim 10, Gai discloses a washing machine appliance comprising a tub 100 within a cabinet, the tub defining axial, radial, and circumferential directions (fig. 1, para. 72), a wash basket 200 rotatably mounted within the tub, an agitation element extending along the axial direction (paras. 77, 91), and a footwear cleaner assembly within the wash basket around the agitation element along the radial direction (para. 75), the footwear cleaning assembly comprising an outer ring and an inner ring inside the outer ring (fig. 1), wherein the inner ring defines a first compartment 301 around eh agitation element for washing a first article set, wherein the outer and inner rings define a second wash compartment 201 for washing a second article set, wherein the second compartment 201 is outside the first compartment 301 along the radial direction (fig. 1).
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.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over CN220057362U by Gai et al. and U.S. Patent 10214845 granted to Hernandez.
As to claim 1, Gai teaches a footwear cleaner assembly for a top-load washing appliance comprising a tub 100 within a cabinet (fig. 1, para. 72), a wash basket 200 rotatably mounted within the tub, and an agitation element (paras. 77, 91), the footwear cleaner assembly comprising a first compartment 301 for washing a first article set defined by an inner wall (inner wall of 300, fig. 1); a second wash compartment 201 for washing a second article set defined by inner and outer walls, wherein the second compartment 201 is outside the first compartment 301 (fig. 1).
Gai teaches that the second compartment is annular and not defined by walls of baskets spaced circumferentially around the agitation element. However, one of ordinary skill in the art would have recognized as obvious to embody a second wash compartment as a plurality of baskets. Hernandez teaches baskets 30 along a circumference of a wash basket, the walls of which define a wash compartment (fig. 3). Gai teaches that its second wash compartment along the circumference of the wash basket is intended to hold items such as shoes for cleaning (para. 75); Hernandez likewise teaches that its baskets are intended to hold items such as shoes for cleaning (col. 3, ll. 32-43).
Based on the combined teachings of Gai and Hernandez one of ordinary skill in the art would have recognized that having a footwear cleaner assembly embodied as article baskets spaced circumferentially around an agitation element to form first and second wash compartments would have been obvious since Gai teaches having an outer second wash compartment for articles such as shoes, and Hernandez teaches baskets along an outer circumference of a drum in the same region as the outer second wash compartment of Gai. The structures taught by Gai and Hernandez provide sufficient direction to one of ordinary skill in the art to produce the claimed invention. One of ordinary skill in the art would have also had obvious reason to embody a second compartment as baskets based on Hernandez’s teachings that grated baskets advantageously allow fluids to easily flow therethrough (col. 1, ll. 36-39).
Therefore, the claimed invention would have been obvious at its effective filing date.
As to claim 2, upon the obvious combination discussed above, the walls of each basket define a plurality of wash fluid holes (see Hernandez, fig. 3).
As to claim 3, Hernandez teaches that its baskets are curved to contour the drum (col. 3, ll. 32-33). One of ordinary skill in the art would have recognized as obvious to have walls of each basket define a notch corresponding to a bottom edge of the wash basket in order to allow for the baskets to follow the contour of a wash basket having an inward portion at a bottom of the wash basket.
As to claim 4, one of ordinary skill in the art would have recognized as obvious to have four article baskets, the number of baskets used to be spaced circumferentially around the agitation element and along the wash basket periphery would have been an obvious design choice to have the number of baskets and corresponding sub-compartments as desired.
As to claim 5, upon the obvious combination discussed above, the baskets would form an outer ring with a top edge and a bottom edge and an inner ring with a top edge and a bottom edge (see Gai, fig. 1). While neither Gai nor Hernandez suggests that the top of the outer ring is above the top of the inner ring and the bottom of the outer ring is above the bottom of the inner ring, one of ordinary skill in the art would have recognized that the shape of the baskets would have been an obvious design choice. See MPEP 2144.04(IV)(B)).
As to claim 6, Hernandez teaches a lid assembly (door 46 and hinge 47, figs. 2 and 3) that is movable to transition its baskets from open and closed positions. While Hernandez does not teach that its lid is attached to what would be the top edges of inner and outer rings, one of ordinary skill in the art would have recognized as obvious to have the lid attached to top edge in order to allow for user access to the interior of the baskets when the baskets are in a vertical-axis washing machine such as taught by Gai.
As to claim 7, Hernandez teaches that its lid assemblies are hingeably attached to each respective basket (col. 3, ll. 13-15).
As to claim 8, Hernandez teaches that its baskets comprise a wire mesh (fig. 3) attached to an inner surface of a footwear cleaner assembly, in particular an inner surface of an inner wall.
As to claim 9, Hernandez teaches that the wire mesh is directly attached to an inner surface of an inner wall of each basket (fig. 3).
As to claim 11, Gai teaches that the second compartment is annular and not defined by walls of baskets spaced circumferentially around the agitation element. However, one of ordinary skill in the art would have recognized as obvious to embody a second wash compartment as a plurality of baskets. Hernandez teaches baskets 30 along a circumference of a wash basket, the walls of which define a wash sub-compartment (fig. 3). Gai teaches that its second wash compartment along the circumference of the wash basket is intended to hold items such as shoes for cleaning (para. 75); Hernandez likewise teaches that its baskets are intended to hold items such as shoes for cleaning (col. 3, ll. 32-43).
Based on the combined teachings of Gai and Hernandez one of ordinary skill in the art would have recognized that having a footwear cleaner assembly embodied as article baskets spaced circumferentially around an agitation element to form first and second wash compartments would have been obvious since Gai teaches having an outer second wash compartment for articles such as shoes, and Hernandez teaches baskets along an outer circumference of a drum in the same region as the outer second wash compartment of Gai. The structures taught by Gai and Hernandez provide sufficient direction to one of ordinary skill in the art to produce the claimed invention. One of ordinary skill in the art would have also had obvious reason to embody a second compartment as baskets based on Hernandez’s teachings that grated baskets advantageously allow fluids to easily flow therethrough (col. 1, ll. 36-39).
Therefore, the claimed invention would have been obvious at its effective filing date.
As to claim 12, upon the obvious combination discussed above, the outer wall of each of the baskets together would define the outer ring and the inner wall of each of the baskets together would define the inner ring (see Gai, fig. 1; Hernandez, fig. 3).
As to claim 13, upon the obvious combination discussed above, the walls of each basket define a plurality of wash fluid holes (see Hernandez, fig. 3).
As to claim 14, Hernandez teaches that its baskets are curved to contour the drum (col. 3, ll. 32-33). One of ordinary skill in the art would have recognized as obvious to have walls of each basket define a notch corresponding to a bottom edge of the wash basket in order to allow for the baskets to follow the contour of a wash basket having an inward portion at a bottom of the wash basket.
As to claim 15, one of ordinary skill in the art would have recognized as obvious to have four article baskets, the number of baskets used to be spaced circumferentially around the agitation element and along the wash basket periphery would have been an obvious design choice to have the number of baskets and corresponding sub-compartments as desired.
As to claim 16, upon the obvious combination discussed above, the baskets would form an outer ring with a top edge and a bottom edge and an inner ring with a top edge and a bottom edge (see Gai, fig. 1). While neither Gai nor Hernandez suggests that the top of the outer ring is above the top of the inner ring and the bottom of the outer ring is above the bottom of the inner ring, one of ordinary skill in the art would have recognized that the shape of the baskets would have been an obvious design choice. See MPEP 2144.04(IV)(B)).
As to claim 17, Hernandez teaches a lid assembly (door 46 and hinge 47, figs. 2 and 3) that is movable to transition its baskets from open and closed positions. While Hernandez does not teach that its lid is attached to what would be the top edges of inner and outer rings, one of ordinary skill in the art would have recognized as obvious to have the lid attached to top edge in order to allow for user access to the interior of the baskets when the baskets are in a vertical-axis washing machine such as taught by Gai.
As to claim 18, Hernandez teaches that its lid assemblies are hingeably attached to each respective basket (col. 3, ll. 13-15).
As to claim 19, Hernandez teaches that its baskets comprise a wire mesh (fig. 3) attached to an inner surface of a footwear cleaner assembly, in particular an inner surface of an inner wall.
As to claim 20, Hernandez teaches that the wire mesh is directly attached to an inner surface of an inner wall of each basket (fig. 3).
Conclusion
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/SPENCER E. BELL/Primary Examiner, Art Unit 1711
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