DETAILED ACTION
The communication dated 7/16/2024 has been entered and fully considered.
Claims 1-20 are currently pending.
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 .
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.
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 1-6, 10-13, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bengston et al. U.S. Publication 2006/0237051 (henceforth referred to as Bengston).
As for claim 1, Bengston teaches a dishwasher appliance (Fig. 1: part 2) defining a vertical, a lateral, and a transverse direction, the dishwasher appliance comprising: a wash tub (Fig. 1: part 5) that defines a wash chamber (Fig. 1: part 14) for receipt of articles for washing; a door (Fig. 1: part 21) rotatably mounted to the wash tub for providing selective access to the wash chamber; and a utensil caddy (Fig. 1: part 38) operably positioned within the wash chamber, wherein the utensil caddy transitions between a first configuration (Fig. 2) and a second configuration (Fig. 3), wherein the utensil caddy in the first configuration defines a first volume, and wherein the utensil caddy in the second configuration defines the first volume and a second volume (if utensil basket 38 were full in the first configuration, additional cutlery could be added in the second configuration).
As for claim 2, Bengston further teaches that the first volume is greater than the second volume (Fig. 3).
As for claim 3, Bengston further teaches a rack (Fig. 1: part 18) moveably coupled with the wash chamber, wherein the utensil caddy is operably connected with the rack (paragraphs [0024]-[0025]; Fig. 1).
As for claim 4, Bengston further teaches that the utensil caddy comprises a moveable side wall (Fig. 2: part 51).
As for claim 5, Bengston further teaches that the moveable side wall pivots away from the utensil caddy to partially define the second volume (Figs. 2-3).
As for claim 6, Bengston further teaches that the moveable side wall pivots along a horizontal axis (Figs. 2-3).
As for claim 10, Bengston further teaches that the utensil caddy further comprises at least one edge wall coupled with the moveable side wall, wherein the at least one edge wall partially defines the second volume (Figs. 2-3).
As for claim 11, Bengston further teaches that the at least one edge wall is disposed within the first volume of the utensil caddy in the first configuration (Figs. 2-3).
As for claim 12, Bengston further teaches that the at least one edge wall comprises a shoulder, wherein the shoulder selectively engages the utensil caddy to retain the utensil caddy in the second configuration (Figs. 2-3).
As for claim 13, Bengston further teaches that the utensil caddy further comprises a divider wall (Fig. 2: part 101) disposed within the first volume.
As for claim 15, Bengston teaches a utensil caddy (Fig. 1: part 38) for supporting articles within a wash chamber (Fig. 1: part 14) of a dishwasher appliance (Fig. 1: part 2), the utensil caddy comprising: a shell (the outer walls of utensil basket 38) defining: a plurality of apertures; and a main opening (paragraphs [0021]-[0023]; Fig. 2); a moveable side wall (Fig. 2: part 51) coupled with the shell, wherein the utensil caddy transitions between: a first configuration (Fig. 2), wherein the moveable side wall is substantially flush with the shell; and a second configuration, wherein the moveable side wall is protruding from the shell (Fig. 3).
As for claim 16, Bengston further teaches that the shell comprises: a top section; a side section coupled with the top section; and a bottom section coupled with the side section (Figs. 2-3).
As for claim 17, Bengston further teaches that the moveable side wall is coupled with the side section of the shell and the bottom section of the shell (Figs. 2-3).
As for claim 18, Bengston further teaches that the utensil caddy in the first configuration defines a first volume, and wherein the utensil caddy in the second configuration further defines a second volume (Figs. 2-3; if utensil basket 38 were full in the first configuration, additional cutlery could be added in the second configuration).
As for claim 19, Bengston further teaches that the utensil caddy is generally rectangular (Fig. 2).
As for claim 20, Bengston further teaches that the moveable side wall rotatably protrudes from the shell of the utensil caddy in the second configuration (Figs. 2-3).
Allowable Subject Matter
Claims 7-9 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As for claims 7-9, Bengston et al. U.S. Publication 2006/0237051, the closest prior art, differs from the instant claims in failing to teach that the moveable side wall translates away from the utensil caddy to partially define the second volume. Furthermore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher appliance taught by Bengston as claimed.
As for claim 14, Bengston et al. U.S. Publication 2006/0237051, the closest prior art, differs from the instant claims in failing to teach that the utensil caddy further comprises a clip coupled with the moveable side wall, and wherein the clip is selectively coupled with the divider wall of the utensil caddy in the second configuration. Furthermore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher appliance taught by Bengston as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEVON J SHAHINIAN whose telephone number is (571)270-1384. The examiner can normally be reached M-F: 9:30am-6:00pm.
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/LEVON J SHAHINIAN/Primary Examiner, Art Unit 1711
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