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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 11/14/25 is acknowledged.
Claims 18-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/14/25.
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.
Claim 17 is 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.
Regarding claim 17, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation will be interpreted as not required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by over US 2008/0210279 to HILDENBRAND.
With regard to claim 1, HILDENBRAND commercial dishwasher in the form of a hood-type dishwasher (110), wherein the dishwasher comprises a hood that is movable in a vertical direction between an open position and a closed position, in a linearly sliding manner (shroud 118 and cover 152, [0056] and [0070), wherein the hood comprises two opposing side walls and a front wall connecting the side walls wherein (Figure 2), in the closed position of the hood, the side walls and the front wall of the hood at least partially or in regions bound a treatment chamber of the dishwasher (Figure 2 and 5), and wherein, in the open position of the hood, the side walls and the front wall of the hood are present at least partially or in regions above an upper wall and/or ceiling region (Figure 2 and 5), which bounds the treatment chamber upwardly and is fixedly connected to a rear wall of the treatment chamber, and there laterally bound a clear space ([0056] and [0070]), wherein the dishwasher comprises a drying module, which is arranged on the upper wall the dishwasher (condensation precipitation device 124, [0056]) and is configured such that it is completely accommodated in the clear space which is in the open position of the hood, laterally bounded by the side walls and the front wall of the hood ([0056] and [0070]).
With regard to claim 3, HILDENBRAND teaches the upper wall bounding the treatment chamber upwardly and the rear wall of the treatment chamber are indirectly fixedly connected to a machine frame or a base frame of the dishwasher (Figure 5).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND.
With regard to claim 2, HILDENBRAND teaches the drying module is arranged such that an upper wall region of the drying module lies in a horizontal plane (Figure 2 and [0056]) but does not explicitly teach that the horizontal plane of the hood in the open position, in the open position of the hood, there lies an upper edge region of the side walls and the front wall of the hood that is spaced apart from the horizontal plane of the drying module by a maximum of 30cm. However, it would be obvious to adjust and scale the size and dimensions of the hood and drying module as needed to fit the desired space available for the washing device and to have the hood and upper wall region spaced as claimed since the claims recite a relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device. See MPEP 2144.04 Section IV (A).
Claims 4-6, 8-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND in view of US 2021/0393105 to CARPENTER ET AL.
With regard to claim 4, HILDENBRAND does not teach the drying module housing and suction fan configuration as claimed in claim 4. However, it is known in the art to have a drying module that has a housing with a suction fan (163) accommodated in the housing which a fresh air inlet via which fresh air can be sucked into the housing from the installation room of the dishwasher ([0049]), wherein a drying air outlet, which is in fluid communication with a drying air inlet of the treatment chamber, is further provided in the housing ([0049]), via which the fresh air sucked into the housing of the drying module with the aid of the suction fan can be supplied to the treatment chamber ([0049]), wherein the drying air inlet of the treatment chamber matches the drying air outlet of the drying module ([0049]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the drying module in the dishwasher taught by HINDENLANG to have the drying module configuration having a suction fan in the housing which allows for ambient air to be blown in from the outside into the dishwashing treatment chamber, as taught by CARPENTER, with reasonable expectation of success to be able to blow dry air into the chamber as desired.
With regard to claim 5, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 4. Furthermore, HILDENBRAND teaches the effective flow cross-section of the fresh air inlet provided in the housing is variably adjustable with the aid of a ventilation slider associated with the fresh air inlet ([0078]).
With regard to claim 6, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 4. Furthermore, CARPENTER teaches the treatment chamber having a drying air inlet in fluid communication with the drying air outlet of the drying module ([0048]-[0050]) and the device taught by HILDENBRAND/CARPTENER has the drying module above the treatment chamber, thus it would have been obvious to have the dishwasher taught by HILDENBRAND/CARPENTER have the drying air inlet of the treatment chamber being formed in the upper wall for direct connection to the drying air outlet of the drying module.
With regard to claim 8, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 4. Furthermore, CARPENTER teaches an air outlet for discharging the drying air introduced into the treatment chamber ([0048]-[0050]). The device taught by HILDENBRAND/CARPTENER has the drying module above the treatment chamber, thus it would have been obvious to have the dishwasher taught by HILDENBRAND/CARPENTER have the air outlet for discharging drying air introduced into the treatment chamber to be form in the upper wall of the treatment chamber to directly connect the drying module and the treatment chamber.
With regard to claim 9, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 8. Furthermore, HILDENBRAND teaches the dishwasher comprises a first air outlet capable of discharging at least a first portion of the drying air introduced into the treatment chamber into the installation room of the dishwasher ([0073] and Figure 5) and a second air out for discharging at least a second portion of the drying air introduced into the treatment chamber, wherein the second air outlet is in fluid communication with an air inlet formed in the housing of the drying module (148, Figure 5).
With regard to claim 10, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 9. Furthermore, HILDENBRAND teaches the dishwasher is associated with a heat exchange system, to which at least a portion of the drying air discharged via the first air outlet of the dishwasher is supplied before the drying air is output into the installation room of the dishwasher ([0056] and [0063]).
With regard to claim 11, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 9. Furthermore, HILDENBRAND teaches the effective flow cross-section of the second air outlet is variably adjustable with the aid of at least one ventilation slider ([0070] slidable shroud 118).
With regard to claim 12, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 9. Furthermore CARPENTER teaches the housing of the drying module is divided into a first region, in which opens the fresh air inlet of the drying module and the air inlet in fluid communication with the second air outlet of the treatment chamber, and a second region, in which opens the drying air inlet of the treatment chamber, wherein the suction side of the suction fan is in fluid communication with the first region and the pressure side of the suction fan with the second region (Figure 6 and [0048]-[0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify HILDENBRAND/CARPENTER to have the first and second regions of the drying module, as taught by CARPENTER, to allow fresh air to be input into the treatment chamber and vapor extracted into the drying module from the treatment chamber while controlling the amount of moisture exposed to the ambient environment with reasonable expectation of success.
With regard to claim 15, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 9. Furthermore, HILDENBRAND teaches a drying device for drying at least the air supplied to the housing of the drying module via the air inlet in fluid communication with the second air outlet of the treatment chamber (condensation precipitation device [0056]) and CARPENTER teaches the suction fan module is associated with the drying device for drying at least the air supplied to the housing of the drying module via the air inlet in fluid communication with the second air outlet of the treatment chamber.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND in view of US 2021/0393105 to CARPENTER ET AL, as applied to claim 4 above and in further view of US 4,812,621 to BROTHERTON ET AL
With regard to claim 7, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 4. HILDENBRAND does not explicitly teach an air nozzle system. However, it is known in the art to have an drying air outlet of the drying module or the drying air inlet of the treatment chamber in fluid communication with the drying air outlet of the drying module is associated with an air nozzle system having a plurality of adjustable air nozzles for orienting the drying air to be introduced to the dishes, as taught by BROTHERTON (col 2 ln 11-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify HILDENBRAND in view of CARPENTER to include an air nozzle system to direct air being introduced into the treatment chamber, as taught by BROTHERTON, to ensure that the air is applied to the desired location within the chamber.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND in view of US 2021/0393105 to CARPENTER ET AL, as applied to claim 12 above and in further view of US 5,337,498 to SMITH.
With regard to claim 13, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 12. Neither HILDENBRAND nor CARPENTER explicitly teach the second region of the housing of the drying module includes a controllable or optionally switchable heating device for heating, as needed, of the air supplied via the suction fan to the second region of the housing of the drying module. However, it is known in the art to include a heating device for heating air in the drying module, as taught by SMITH (col 3 ln 18-53) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the dishwasher taught by HILDENBRAND/CARPENTER to include the heating device as taught by SMITH, with reasonable expectation of success to heat the air in the drying module to aid in drying.
With regard to claim 14, HILDENBRAND modified by CARPENTER and SMITH teaches the dishwasher of claim 13. Furthermore, SMITH teaches the heating device of the drying module comprises at least one electrically operated heating element (col 4 ln 55-col 5 ln 4). While SMITH teaches that a gas burner produces a number of advantages when compared to electric heaters, it would have been obvious to one of ordinary skill in the art to use an electric heater in HILDENBRAND/CARPENTER/SMITH for safety reasons or when electricity was cheaper than gas required. HILDENBRAND teaches the dishwasher having a heaters and controllers ([0043]). The examiner takes Official Notice that it is well known in the art to have a heater that heats treatment liquid to be sprayed during the operation of a dishwasher and the controller that controls the electrical power to the heating devices to conserve electricity. As such, it would have been obvious to one ordinary skill in the art to ensure that the device taught by HILDENBRAND/CARPENTER/SMITH had a heater that heats treatment liquid to be sprayed during the operation of a dishwasher and the controller that controls the electrical power to the heating devices to conserve electricity with reasonable expectation of success to thoroughly clean the dishes without excessive consumption of electricity.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND in view of US 2021/0393105 to CARPENTER ET AL, as applied to claim 4 above and in further view of US 2009/0038661 to HILDENBRAND (herein referred to as HILDENBRAND2).
With regard to claim 16, HILDENBRAND modified by CARPENTER teaches the dishwasher of claim 4. HILDENBRAND teaches the drying module can be placed in a variety of locations ([0056]) but does not explicitly teach an air channel system, via which the fresh air sucked into the housing of the drying module with the aid of the suction fan can be supplied to the treatment chamber, laterally and/or from below. However, it is known in the art to include an air channel system in which fresh air sucked into the housing a drying module with the aid of a suction fan can be supplied into a treatment chamber from a lateral lower direction as taught by HILDENBRAND2 (Figure 2, [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the dishwasher taught by HILDENBRAND/CARPTENER to include the air channel system, taught by HILDENBRAND2, to allow for air to flow directly to the dishes being dried.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0210279 to HILDENBRAND in view of US 2021/0393105 to CARPENTER ET AL, as applied to claim 4 above and in further view of US 2020/0281440 to DISCH ET AL.
With regard to claim 17, HILDENBRAND teaches the dishwashing machine with a control device ([0027]) but does not explicitly teach that the dishwasher comprises a washware detection device. However, it is well known in the art to have a washware detection device that detects the type of washware in the treatment chamber and the control device controlling the drying of the dishes based on the type of washware detected, as taught by DISCH ([0019], [0057] and [0058]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the dishwasher taught by HILDENBRAND to include the washware detection device and modify the washing and drying cycle based on the washware type, as taught by DISCH, with reasonable expectation of success to conserve energy while providing optimum cleaning and drying to the washware.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20110177772 to HOCKADAY.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN W SMITH whose telephone number is (571)270-5545. The examiner can normally be reached 9AM-5PM EST M-F.
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, Alexa Neckel can be reached at 571-272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KATELYN W. SMITH
Supervisory Patent Examiner
Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749