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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 2 & 4 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.
Claim 2 recites the limitation "the first bottle" in line 4 and “the second bottle” in line 7. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected for their dependence on a previously rejected 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.
Claim(s) 1-2 & 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghosh (US20200248385A1).
As to claims 1-2 & 5, Ghosh discloses a laundry system (e.g., Fig.1) having a tub (ref 46, see also [0307 & 0311]) used to wash garments using laundry water; a laundry water tank (ref 60), a laundry water supply means (refs 44, 62, 76, & 78) to supply laundry water to the laundry water tank and capable of receiving said water from a bottle; an alkaline ionized water supply means (portion from refs 52 to ref 48) to mix alkaline ionized water with the laundry water stored in the laundry water tank by supplying alkaline ionized water to the laundry water tank (e.g., indirectly via recirculation) and capable of receiving said alkaline ionized water from a bottle, a first laundry water circulation (portion from ref 78 to ref 48) pipe to supply laundry water stored in the laundry water tank to the laundry tub, and a second laundry water circulation pipe (ref 68) to supply the laundry water used for washing in the laundry tub to the laundry water tank. The recirculated fluid is capable of use in a subsequent process.
Claim(s) 1-2 & 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US20100115709A1).
As to claims 1-2 & 5, Kim discloses a laundry system having a laundry tub (ref 8) to wash garments using laundry water, a laundry water tank (ref 68 or 268), a laundry water supply means (refs 20 & 22) to supply the laundry water to the laundry water tank and capable of receiving said laundry water from a bottle, an alkaline ionized water supply means (ref 60 or 260) capable of mixing alkaline ionized water with the laundry water stored in the laundry water tank by supplying alkaline ionized water to the laundry water tank and capable of receiving said alkaline ionized water from a bottle, a first laundry water circulation pipe (refs 48 & 49 or 36 & 49) to supply laundry water stored in the laundry water tank to the laundry tub, and a second laundry water circulation pipe (see line from ref 8 to ref 68 or 268) to supply the laundry water used for washing in the laundry tub to the laundry water tank. The recirculated fluid is capable of use in a subsequent process.
Claim(s) 1-2 & 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oda (US20060021393A1).
As to claims 1-2 & 5, Oda discloses a laundry system having a laundry tub (ref 3) to wash garments using laundry water, a laundry water tank (ref 17), a laundry water supply means (refs 2B, 9, & 10) to supply the laundry water to the laundry water tank and capable of receiving said laundry water from a bottle, an alkaline ionized water supply means (refs 24 & 31) capable of mixing alkaline ionized water with the laundry water stored in the laundry water tank by supplying alkaline ionized water to the laundry water tank and capable of receiving said alkaline ionized water from a bottle, a first laundry water circulation pipe (ref 29 or 32) to supply laundry water stored in the laundry water tank to the laundry tub, and a second laundry water circulation pipe (refs 16 & 18) to supply the laundry water used for washing in the laundry tub to the laundry water tank. The recirculated fluid is capable of use in a subsequent process.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ghosh (US20200248385A1).
As to claims 3-4, Ghosh teaches the system of claims 1-2, wherein a filter is provided in the second laundry water circulation pipe (ref 70). However, assuming arguendo that the filter shown in the embodiment of Fig.5 does not appear to be located in the circulation pipe, such a modification would be an obvious alternative as Ghosh showcases that such a filter can be provided at the end of a second circulation pipe (see Fig.6 ref 70). Accordingly, such a modification would merely amount to an obvious rearrangement of parts with a reasonable expectation of success, as such a positional configuration is known for success as a variant (see MPEP 2144.04).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20100115709A1) in view of Hokazono (JP2018138154A).
As to claims 3-4, Kim teaches the system of claims 1-2, wherein a filter (refs 32 or 42) is provided. Kim does not explicitly showcases the filter provided in the second laundry water circulation pipe. However, one of ordinary skill in the art to reasonably expect that such a placement of the filter would not provide unexpected results in its placement. Thus, a skilled artisan would find it obvious to place the filter at any location, including the claimed configuration, with a reasonable expectation of success (see MPEP 2144.04). Further, the placement of a filter at a location of the tub exit is known in the art, as seen by Hokazono.
Hokazono discloses an art related washing machine (abstract), wherein it is known to provide a filter (ref 73) at an exit of the tub in order to retain and prevent foreign matter from reaching a recirculation pump [0044-0046].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kim to provide the filter at any location prior to the circulation pump, including in the second circulation pipe, in order to prevent foreign matter from reaching the pump (Hokazono [0044-0046]).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oda (US20060021393A1) in view of Hokazono (JP2018138154A).
As to claims 3-4, Oda teaches the system of claims 1-2, wherein a filter [0052 & 0057] is provided. Oda does not explicitly showcases the filter provided in the second laundry water circulation pipe. However, one of ordinary skill in the art to reasonably expect that such a placement of the filter would not provide unexpected results in its placement. Thus, a skilled artisan would find it obvious to place the filter at any location, including the claimed configuration, with a reasonable expectation of success (see MPEP 2144.04). Further, the placement of a filter at a location of the tub exit is known in the art, as seen by Hokazono.
Hokazono discloses an art related washing machine (abstract), wherein it is known to provide a filter (ref 73) at an exit of the tub in order to retain and prevent foreign matter from reaching a recirculation pump [0044-0046].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Oda to provide the filter at any location prior to the circulation pump, including in the second circulation pipe, in order to prevent foreign matter from reaching the pump (Hokazono [0044-0046]).
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchiyama (JP2019080791A) in view of Hokazono (JP2018138154A).
As to claims 1-5, Uchiyama discloses a laundry system having a laundry tub (refs 13/14) to wash garments using laundry water, a laundry water tank (ref 30), a laundry water supply means (refs 21, 23, & 24) to supply the laundry water to the laundry water tank and capable of receiving said laundry water from a bottle, an alkaline ionized water supply means (refs 40, 41, 42, & 50) capable of mixing alkaline ionized water with the laundry water stored in the laundry water tank by supplying alkaline ionized water to the laundry water tank and capable of receiving said alkaline ionized water from a bottle, a first laundry water circulation pipe (ref 22) to supply laundry water stored in the laundry water tank to the laundry tub. Uchiyama does not disclose a second circulation pipe to supply the laundry water used for washing in the laundry tub to the laundry water tank. Uchiyama also does not disclose the second circulation pipe having a filter. However, such features are known in the art, as seen by Hokazono.
Hokazono discloses an art related washing machine (abstract), wherein it is known to use a circulation path (ref 70) for recycling used water to a detergent mixing box (ref 40). Hokazono also provides a filter (ref 73) at an exit of the tub in order to retain and prevent foreign matter from reaching a recirculation pump [0044-0046]. A skilled artisan understands that by recycling of water and reutilizing said water in the detergent path allows for a reduction in that amount of utilized water.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Uchiyama so provide a recirculation path to recycle water and thus reduce water consumption. Further, a skilled artisan would also find it obvious to provide a filter prior to the circulation pump in order to prevent foreign matter from reaching a recirculation pump (Hokazono [0044-0046]). The recirculated fluid is capable of use in a subsequent process.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo (KR20100020987A) in view of Hokazono (JP2018138154A).
As to claims 1-5, Seo discloses a laundry system having a laundry tub (ref 400) to wash garments using laundry water, a laundry water tank (ref 110), a laundry water supply means (refs 101-103) to supply the laundry water to the laundry water tank and capable of receiving said laundry water from a bottle, an alkaline ionized water supply means (refs 121-122 and 131-132) capable of mixing alkaline ionized water with the laundry water stored in the laundry water tank by supplying alkaline ionized water to the laundry water tank and capable of receiving said alkaline ionized water from a bottle, a first laundry water circulation pipe (refs 104-105) to supply laundry water stored in the laundry water tank to the laundry tub. Seo does not disclose a second circulation pipe to supply the laundry water used for washing in the laundry tub to the laundry water tank. Uchiyama also does not disclose the second circulation pipe having a filter. However, such features are known in the art, as seen by Hokazono.
Hokazono discloses an art related washing machine (abstract), wherein it is known to use a circulation path (ref 70) for recycling used water to a detergent mixing box (ref 40). Hokazono also provides a filter (ref 73) at an exit of the tub in order to retain and prevent foreign matter from reaching a recirculation pump [0044-0046]. A skilled artisan understands that by recycling of water and reutilizing said water in the detergent path allows for a reduction in that amount of utilized water.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Uchiyama so provide a recirculation path to recycle water and thus reduce water consumption. Further, a skilled artisan would also find it obvious to provide a filter prior to the circulation pump in order to prevent foreign matter from reaching a recirculation pump (Hokazono [0044-0046]). The recirculated fluid is capable of use in a subsequent process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAIR CHAUDHRI whose telephone number is (571)272-4773. The examiner can normally be reached Monday - Thursday 7:00am to 5:00pm EST.
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/OMAIR CHAUDHRI/Primary Examiner, Art Unit 1711