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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4 May 2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 4 May 2026, with respect to the objections to claim 5 and 7 have been fully considered and are persuasive. The objections of 4 February 2026 have been withdrawn.
Applicant’s arguments with respect to the prior art rejection of claim(s) 1 have been considered, and in response the same art is applied to the amended claims. Although the amendments further limit the claimed invention, the Examiner maintains that the cited prior art is reasonably interpreted as teaching each and every one of the recited limitations. See the updated rejection(s) below.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 5-13 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Merlet (FR-2997283-A1).
With regards to claim 1, Merlet discloses a latch strike mechanism (7 Figure 1) for a dishwasher door (3 Figure 1) to improve drying performance (Pg. 9 Para. 3 – Pg. 10 Para. 1), the latch strike mechanism comprising:
a housing (13 Figure 2);
an actuator (8 Figure 2) positioned within the housing and engageable with a release plate (9 Figure 2) upon completion of a wash cycle (Pg. 7 Para. 4), the actuator including a wedge (affixed to end of actuator shaft, best shown Figure 4) that engages a conical element (the element of release plate 9 engaged with the wedge of actuator 8 is substantially conical in shape, as shown Figure 4) of the release plate to pivot the release plate (at least between positions shown Figures 2 and 5); and
a moveable striker (5 Figure 2) slideably engaged with the housing (slideable at least between positions of Figures 2 and 5), the moveable striker configured to extend (Pg. 7 Para. 4) to maintain the dishwasher door in a partially open position (Figure 5), wherein the moveable striker is slideable within the housing (13 Figure 2) along a track (linear track guiding striker 5, Figure 4) and spring biased relative to the housing (Pg. 15 Para. 2) and wherein the release plate slides along a length of the moveable striker (Figures 2 and 5 show release plate portion 18 sliding along the length of moveable striker 5) between a fully retracted position (Figure 2) and a fully extended position (Figure 5), and wherein the release plate pivots relative to the moveable striker (Figures 2 and 5 show pivoting of the release plate 9 relative to the moveable striker 5).
With regards to claim 2, Merlet discloses the latch strike mechanism of claim 1 wherein the moveable striker (5 Figure 2) is configured to extend when a wash cycle of the dishwasher is complete (Pg. 7 Para. 5).
With regards to claim 5, Merlet discloses the latch strike mechanism of claim 1 wherein the actuator (8 Figure 2) prevents movement of the release plate (9 Figure 2) in the fully retracted position (Figure 2) and permits movement of the release plate in the fully extended position (Figure 5).
With regards to claim 6, Merlet discloses the latch strike mechanism of claim 5 wherein the movement of the release plate (9 Figure 2) releases a spring (22 Figure 2) to extend (at least between positions of Figures 2 and 5) the moveable striker (5 Figure 2) relative to the housing (13 Figure 2).
With regards to claim 7, Merlet discloses the latch strike mechanism of claim 1 wherein the release plate (9 Figure 2) is pivotable between the fully retracted position (Figure 2) and the fully extended position (Figure 5).
With regards to claim 8, Merlet discloses the latch strike mechanism of claim 1 wherein the actuator (8 Figure 2) is thermally actuated by a temperature of a drying cycle (the actuator is a thermally actuated wax actuator, Pg. 8 Para. 6).
With regards to claim 9, Merlet discloses the latch strike mechanism of claim 1 wherein the actuator (8 Figure 2) comprises one of a wax motor thermal actuator (the actuator is a thermally actuated wax actuator, Pg. 8 Para. 6), solenoid, motor, and shape memory alloy.
With regards to claim 10, Merlet discloses the latch strike mechanism of claim 1 further comprising a damper gear (25 Figure 2) positioned relative to a track (linear track guiding striker 5, Figure 4) of the moveable striker (5 Figure 2) and configured to (interpreted as a statement of intended use, the damper gear 25 is capable of performing the recited function) slow the extension of the moveable striker relative to the housing (13 Figure 2).
With regards to claim 11, Merlet discloses the latch strike mechanism of claim 1 further comprising an additional door position switch (30 Figure 2) configured to (interpreted as a statement of intended use) activate a tub light or maintain product safety (Pg. 17 Para. 4).
With regards to claim 12, Merlet discloses the latch strike mechanism of claim 1 wherein the actuator (8 Figure 2) is positioned to extend and retract perpendicularly with respect to a travel (between Figures 2 and 5) of the moveable striker (5 Figure 2).
With regards to claim 13, Merlet discloses a method (Pg. 7 Paras. 4-5) for operating a latch strike mechanism (7 Figure 1) for a dishwasher door (3 Figure 1) to improve drying performance (Pg. 9 Para. 3 – Pg. 10 Para. 1), method comprising:
providing a housing (13 Figure 2) with a moveable striker (5 Figure 2) engageable with a door latch (4 Figure 2);
sliding the moveable striker relative to the housing to extend the dishwasher door (Pg. 7 Para. 4) to maintain the dishwasher door in a partially open position (Figure 5), the moveable striker slideable between two detents in the moveable striker (14 Figure 2 and 21 Figure 5);
activating an actuator (8 Figure 2) upon completion of a wash cycle (Pg. 7 Para. 5), the actuator including a wedge (affixed to end of actuator shaft, best shown Figure 4); and
moving a release plate (9 Figure 2) with the actuator to an extended position (Figure 5), allowing translation of the moveable striker (at least between positions of Figures 2 and 5), allowing translation of the moveable striker, the release plate includes a conical element that engages with the wedge (the element of release plate 9 engaged with the wedge of actuator 8 is substantially conical in shape, as shown Figure 4) wherein the release plate slides along a length of the moveable striker (Figures 2 and 5 show release plate portion 18 sliding along the length of moveable striker 5), the release plate includes a conical element that engages with the wedge to pivot the release plate relative to the moveable striker (Figures 2 and 5 show pivoting of the release plate 9 relative to the moveable striker 5).
With regards to claim 15, Merlet discloses the method of claim 13 further comprising:
moving the release plate (9 Figure 2) upon activation of the actuator (8 Figure 2) to the extended position (Figure 5) from a retracted position (Figure 2), allowing translation of the moveable striker (5 Figure 2) between the two detents (14 Figure 2 and 21 Figure 5).
With regards to claim 16, Merlet discloses the method of claim 15 further comprising:
releasing a spring (22 Figure 2) upon rotation of the release plate (9 Figure 2); and
extending the moveable striker (5 Figure 2) relative to the housing (13 Figure 2).
With regards to claim 17, Merlet discloses the method of claim 15 further comprising:
pivoting the release plate (9 Figure 2) upon activation of the actuator (8 Figure 2) to the extended position (Figure 5) from the retracted position (Figure 2).
With regards to claim 18, Merlet discloses the method of claim 15 further comprising:
sliding the release plate (9 Figure 2) upon activation of the actuator (8 Figure 2) to the extended position (Figure 5) from the retracted position (Figure 2).
With regards to claim 19, Merlet discloses the method of claim 13 further comprising: resetting the latch strike mechanism (7 Figure 2) by manually closing the door (3 Figure 2)(Pg. 16 Para. 5 – Pg. 17 Para. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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