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 § 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 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 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 of this title, 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.
Claims 1-3, and 7-12 are rejected under 35 U.S.C 103(a) as being unpatentable over US Pub No.: 20220133125 (“Chojnacki et al.”) in view of US 20080072937 (“Choi et al.” )
Regarding Claim 1, Chojnacki et al. discloses a basket device (200) for arrangement in a washing compartment of a dishwasher comprising:
a main body (124) configured to be movable, in a movement direction of the main body between out of a washing position in the washing compartment( ses Fig. 4B) and a loading position at least partially out of the washing compartment (as seen in Figs. 4A & 4C), and
a pull-out (126) arranged on the main body (124) so as to be displaceable with respect to the main body in the movement direction of the main body (124), the pull-out (126) comprising a first dish rack (218),
wherein the main body (124) comprises a second dish rack (along 124) is displaceable with respect to the main body in the movement direction of the main body.
Chojnacki et al. discloses (refer ot Fig. 3) the claimed invention but does not teach second rack displaceable with respect to the main body in the movement direction and transversely with respect to the main body.
Choi et al discloses a similar invention having a main body (2) with a dish rack (11) arranged on the main body (2) so as to be displaceable with respect to the main body (via upper bars) and transversely thereto in the vertical direction of the washing compartment (via lower bars, as seen in Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the main body could be improved by having a second rack that dish rack arranged on the main so as to be displaceable both in the movement direction of the main body and transversely thereto in the vertical direction of the washing compartment, to provide a main body with adjustable racks that allow for greater flexibility, as is well known to one having ordinary skill in the art.
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Figure 1. Annotated Fig. 3 from Choi et al.
Regarding Claim 2, the combination discloses (Choi et al.) wherein the main body (2) carries a third dish rack (10) , wherein the third dish rack (10) is removable with respect the main body (2) .
Regarding Claim 3, the combination discloses (Choi. et al.) wherein the main body (2) provides a guide device (lower and upper bars) for the second dish rack (11), which guide has a first section (lower bar 7, 8) running in the movement direction of the main body (2) and a second section (SS, as shown above Fig. 3) running in the movement direction of the main body (1) , and wherein the second section (SS, as shown above in Fig. 3) is configured to be arranged above the first section (lower bar 7, 8) in the vertical direction of the washing compartment (as seen in Fig. 3) .
Regarding Claim 6, the combination discloses (Choi et al.) wherein the third dish rack (10) is configured to be arranged in the vertical direction of the washing compartment below the second section of the guide device.
Regarding Claim 7, the combination discloses (Chojnacki et al.) wherein the second section of the guide device is operatively connected to the pull-out (126) in a retracted position so that the first dish rack(218) is transferable from the pull-out to the guide device and from the guide device to the pull out (as modified the pullout taught by could be operatively connected to the guide device taught by Choi et al.).
Regarding Claim 8, the combination discloses (Chojnacki et al.) wherein the first dish rack (218) and the second dish rack (124) are configured to be arranged one above the other in a first position in the vertical direction of the washing compartment .
Regarding Claim 9, the combination discloses (Chojnacki et al.) wherein the first dish rack (218) and the second dish rack (124) are configured to be arranged next to one another in a second position in the vertical direction of the washing compartment (as modified by Milani et al.).
Regarding Claim 10, the combination discloses (Chojnacki et al.) the first dish rack (218) and the dish rack (214) are locked (held in place) together against movement in the second position of the first dish rack and second dish rack (as modified by Milani et al.).
Regarding Claim 11, the combination discloses (Chojnacki et al.) a dish washer (100)comprising:
a washing compartment (102) , providing a washing chamber (104), to receive washware to be cleaned, the washing compartment (102) having a loading opening (106) for loading washware, the loading opening being closable by of a pivotably mounted washing chamber door, and the basket device claim 1, the basket device (200) being movable through the loading opening (106) out of the washing chamber (104) and/or into the washing chamber (104).
Regarding Claim 12, the combination discloses (Chojnacki et al.) wherein the dishwasher comprises a household dishwasher (100).
Allowable Subject Matter
Claims 4-5 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637
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