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 .
Response to Arguments
Applicant's arguments filed 23 April 2026 have been fully considered but they are not persuasive.
Regarding independent claim 1, Applicant argues that the combination of Bixby and Fan appears to be improper hindsight.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In the instant case, Fan discloses the known use of brushes for cleaning footwear/shoes.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Fan provides multiple brushes in a washing machine drum and impeller for the purpose of washing footwear/shoes.
Regarding independent claim 11 and remaining dependent claims, Applicant argues reasons of same indicated for claim 1. This is not persuasive for reasons of record indicated for claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9 and 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0208340 to Bixby et al. (“Bixby”) in view of US 5,546,771 to Bonar and CN 111607934 A to Fan et al. (“Fan”; cited by Applicant; machine translation provided by Examiner).
Regarding independent claims 1 and 11, Bixby (in Figs. 7-8 and associated text) discloses a top-load washing machine appliance (10) comprising:
a wash tub (not numbered, see Fig. 7) positioned within a cabinet (14), the wash tub defining an axial direction, a radial direction, and a circumferential direction;
a wash basket (26) rotatably mounted within the wash tub and defining a wash chamber configured for receiving a load of clothes;
an agitation element (42) extending along the axial direction into the wash basket, the agitation element comprising an impeller disposed at a bottom wall of the wash basket; and
a footwear cleaning basket (30) positioned within the wash basket (note basket 30 is fully capable of the intended use of cleaning footwear), the footwear cleaning basket in selective engagement with the agitation element, the footwear cleaning basket comprising:
a top wall (146) and an outer wall (34/38) extending downward from the top wall along the axial direction, the outer wall comprising a bottom rim at a bottom thereof, the footwear cleaning basket and the wash basket defining a footwear cleaning space therebetween (see Fig. 7); and
Bixby discloses the claimed invention with the exception of:
the agitation element comprising a threaded portion at a top of the agitation element, the footwear cleaning basket in selective threaded engagement with the threaded portion of the agitation element; and
a cleaning brush attached to the bottom rim of the footwear cleaning basket, the cleaning brush extending downward from the bottom rim along the axial direction into the footwear cleaning space.
Regarding (I), Bonar (in Fig. 2 and associated text) teaches an art-related washing machine having a basket (14) selectively and threadably engaged to agitator spindle (22) for mounting/unmounting the basket within a washing machine drum (10).
Therefore, the position is taken that it would have been obvious at the time of effective filing to provide the washing machine basket and agitator of Bonar with threadably engaging connection in order to yield the predictable results of mounting and unmounting a basket to a washing machine agitator and drum configuration.
Regarding (II), Fan (in Figs. 4-6 and associated text) teaches an art-related washing machine with removable brushes (10) for shoe washing (see abstract and text of Figs. 4-6), and also teaches that “main brush (10) can be installed and fixed on the impeller” (see translation at p. 3, 3rd to last line).
Therefore, the position is taken that it would have been obvious at the time of effective filing to provide the washing machine basket of Bonar with cleaning brushes, such as those taught in Fan, in order to yield the predictable results of providing increased scrubbing/cleaning action of brushes for washing shoes/footwear. Furthermore, the combination of the basket of Bixby and cleaning brushes of Fan would readily result in the cleaning brushes located at the bottom of the basket in Bixby proximate to the bottom impeller of the washing drum below the basket (see Fig 7 of Bixby).
Regarding claims 2 and 12, the position is taken that it would have been obvious at the time of effective filing to rearrange the top wall of Bixby and complimentary threated portion of the basket in Bonar to achieve the claimed configuration and yielding the same and predictable results of threadably mounting the basket to the agitator, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Regarding claims 3 and 13, Bonar further discloses wherein the agitation element comprises a stem (22) and a cap (16), wherein the cap is engaged the stem at a top thereof, and wherein the cap comprises the threaded portion of the agitation element (see Fig. 2 of Bonar).
Regarding claims 4 and 14, Fan discloses use of an annular cleaning brush but does not expressly disclose wherein the cleaning brush comprises an annular brush attached to the bottom rim of the footwear cleaning basket. However, the position is taken that it would have been obvious at the time of effective filing to rearrange the cleaning brush in the combination of Bixby and Fan in such manner to yield the same and predictable results of footwear cleaning in a washing machine, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Regarding claims 5 and 15, Fan discloses circumferentially spaced cleaning brushes (see Figs. 5-6), and the combination of the brushes of Fan on the basket of Bixby would readily result in the claimed brush configuration.
Regarding claims 6 and 16, Bixby further discloses wherein the outer wall defines a plurality of wash holes therethrough (see Figs. 7-8 of Bixby showing plural holes in basket 34/38).
Regarding claims 7 and 17, Bixby discloses the cleaning basket having an outer wall but does not expressly disclose wherein the outer wall comprises defines a frustoconical shape. It would have been an obvious matter of design choice to modify the basket shape as desired to achieve a basket suitable for washing items, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. See MPEP § 2144.04(IV)(B) regarding Obviousness and Changes in Shape.
Regarding claims 8 and 18, Fan discloses plural outer cleaning brushes (see above and Figs. 5-6 of Fan), and their rearrangement would have been well within the general knowledge and skill of one having ordinary skill in the art, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Regarding claims 9 and 19, the basket of Bixby (see Figs. 7-8) results in a cleaning space at the bottom of the rotatable drum (between the drum and basket) which is below a bottom fifty percent of the vertical height of the basket.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
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, Michael E. 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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Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711
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