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 .
DETAILED ACTION
Claims 1-20 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4, 6-8, 11, 13-16, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-9, 11, 14-15, and 17-18 of U.S. Patent No. 12055909. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention of night cycle algorithm for a laundry appliance to minimize operational noise. A comparison between independent claim 1 of the current application and independent claim 1 of the US Patent 12055909 is provided below for an example.
Current Application 18/782511
US Patent 12055909
Claim 1. A laundry appliance, comprising:
a drum disposed within a cabinet;
a motor disposed within the cabinet and operably coupled to at least one of the drum and a fan; and
a controller communicatively coupled with the motor, wherein the controller includes a night cycle algorithm configured to minimize operational noise of the motor during a laundry cycle of the night cycle algorithm, and wherein the controller is configured to select from a plurality of routines of the night cycle algorithm, wherein the plurality of routines includes an alteration cycle that includes a plurality of pauses within the laundry cycle, and wherein the controller is configured to prolong each pause of the plurality of pauses by stopping the motor for a predetermined time frame.
Claim 1. A laundry appliance, comprising:
a cabinet including a user interface;
a drum disposed within the cabinet;
a motor disposed within the cabinet and operably coupled to the drum; and
a controller communicatively coupled with the user interface and the motor, wherein the controller includes a night cycle algorithm configured to minimize operational noise of the motor and the drum, and wherein the controller is configured to select from a plurality of routines of the night cycle algorithm, wherein the night cycle algorithm is configured to adjust a drainage operation of the drum via the controller, and wherein the night cycle algorithm includes a drainage routine that includes at least one of a high water routine and a time-based routine during which the controller is configured to activate the drainage operation.
Claim 12. The laundry dryer of claim 11, wherein the motor activation routine includes a plurality of pauses, and wherein the controller is configured to prolong the plurality of pauses by stopping the motor for a predetermined time frame.
Claims 3, 5, 9-10, 12, 17, and 19-20 are objected as being dependent on rejected parent claim(s).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20200190726 discloses to provide a laundry machine that may meet spinning performance and/or a drying function by allowing a user to select a night mode or a silent mode in an environment requiring low noise or low vibration and controlling heat-spinning to be automatically performed in such modes, and a control method of the same.
US-20200181830 discloses when the washing and the drying are performed in the night mode course, the heat-spinning may be performed, regardless of the heat-spinning option.
N. EP-3124689 discloses a motor for driving a compressor cooling fan is a variable speed motor and the method further comprises receiving a user-input indicating the option silent-mode or night-mode for operating the dryer.
O. CN-101696541 discloses a method for controlling operation of washing machine at night.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at 5712729774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116
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