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.
Claim 24 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.
Claim 24 recites the limitation "the toothed wheel." There is insufficient antecedent basis for this limitation in the claim.
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) 15-17, 23, 24, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim (KR 2006-0001155).
Regarding claim 15, Lim discloses a household dishwasher, comprising: a dishwasher cavity (interior of 110); a coupling element designed to be shifted into and at least partially out of the dishwasher cavity (200); a receptacle for items to be washed, the receptacle designed to be shifted with respect to the coupling element in and against an extension direction between a retracted and extended state of the receptacle (120; Figures 6, and 7, see 220); and a drive designed to drive the coupling element in order to shift the coupling element into and out of the dishwasher cavity (300; see Figures 6, and 7).
Regarding claims 16-17, 23, 24, and 26, Lim further discloses wherein the receptacle is shifted in the extended state so far out of the dishwasher cavity that the receptacle is spaced apart from the dishwasher cavity in the extension direction (110, 120; see Figures 6, and 7); further comprising a telescopic extension of which the coupling element is part of, wherein the telescopic extension comprises a fixed section, which is fastened to the dishwasher cavity (211; see Figure 5), and a movable section, which is fastened to the receptacle (220), said coupling element designed to couple the fixed section to the movable section, with the coupling element being displaceable with respect to the fixed section and with the movable section being displaceable with respect to the coupling element (200); wherein the coupling element and the receptacle shift simultaneously (200 and 210 are capable of shifting simultaneously); wherein the drive includes an electric motor, which is arranged outside the dishwasher cavity and includes a shaft designed to project into the dishwasher cavity, with the toothed wheel of the drive being fastened to the shaft (Figure 5: 110, 211, 300, and unlabeled shaft); wherein at least one of the coupling element, the fixed section, and the movable section includes a rail or each of the coupling element, the fixed section, and the movable section includes a rail (see 200).
Allowable Subject Matter
Claims 18-22, 25, 27, and 28 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: the prior art does not disclose, or render obvious, the household dishwasher as defined by the combination of claims 15, 17, and 18; the combination of claims 15, 17, 26, and 27; or the combination of claims 15, 17, 26, and 28. Regarding claim 18, there is no apparent teaching, suggestion, or motivation to modify the closest prior art, Lim (KR 2006-0001155), to further have a carrier element fastened to the coupling element, said carrier element including a gear unit which has a drive side and an output side, wherein the drive side is actively connected to the fixed section so that the fixed section drives the gear unit when the coupling element is shifted in and out. Regarding claim 27, there is no apparent teaching, suggestion, or motivation to modify the closest prior art, Lim (KR 2006-0001155), to further have wherein the rails of the coupling element, the fixed section, and the movable section are designed for displacement into one other telescopically. Regarding claim 28, there is no apparent teaching, suggestion, or motivation to modify the closest prior art, Lim (KR 2006-0001155), to further have wherein the rail of the coupling element includes two C-shaped profiles, which are fastened to one another back to back and are connected offset with respect to one another in a longitudinal direction, wherein the carrier element includes two arms designed to fasten the carrier element to opposite sides of the coupling element, with the opposite sides of the coupling element being embodied at free ends of the rail of the coupling element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 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) 272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711