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 .
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 11-12 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.
Re Claim 11, it is unclear what “extending the duct” means. Whether the duct extends or it is actually elongated or moved or something else.
Claim 12 is rejected as it depends from Claim 11 without curing the deficiency.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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(s) 1-6 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over JIN et al. (KR20140114649).
Re Claims 1 and 13, JIN et al. teaches a structure for removing fluid from a treating chamber of a laundry treating appliance comprising: opening vent flap 47/472 located within a duct 61 extending between a treating chamber 20 and a exterior (where 114 is) to an open position (flap down); flowing a fluid through the duct between the treating chamber and the exterior (drying air is passed); closing the vent flap to a closed position (flap up, indicated by an arrow); and blocking a flow of fluid through the duct between the treating chamber and the exterior.
It is unclear whether the exact method steps are being taught. However, these claims are rejected as unpatentable over JIN et al. because it teaches the structure and one of ordinary skill in the art would be able to derive the claimed steps from the disclosure and would be ordinary use.
Re Claims 8-9, the vent flap is mounted to the bottom of the duct. See Figs. 2-3.
Re Claim 10, 42 is a fan.
Re Claims 2-6 and 14-19, the different cycles are intended uses without any positively recited limitations and are both considered to be expected capable of being met and obvious to run to change the pressure to treat laundry.
Allowable Subject Matter
Claims 7 and 20 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 prior art does not appear to teach or make obvious flowing carbon monoxide through a vent of a laundry treating appliance. Instead, it actively teaches away recognizing carbon monoxide as a health hazard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON Y KO whose telephone number is (571)270-7451. The examiner can normally be reached M-F: 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-270-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON Y. KO
Primary Examiner
Art Unit 1711
/JASON Y KO/Primary Examiner, Art Unit 1711