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 .
Drawings
The drawings are objected to because the copies of the drawings (see e.g., Figs. 1-10) are not clear, making it difficult to clearly see the claimed subject matter recited in claims 1-12). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 11 is objected to because of the following informalities: the recitation “which loading opening is closable” should be -- which the loading opening is closable--. Appropriate correction is required.
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 1-12 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 pre-AIA the applicant regards as the invention.
Regarding Claims 1-12, the washing compartment is not positively recited in claims 1-10, thus “configured to” should proceed the claim limitation that recites the “washing compartment.” For e.g., Claim 1: line 3 “a main body is configured to move out of a washing position in the washing compartment.” Appropriate correction is required.
Regarding claims 1-12, the phrase "vice versa" recited throughout the claims renders the claim indefinite because it creates ambiguity as to what Applicant is seeking to claim, Applicant should distinctly claim the alternative limitations. Appropriate correction is required.
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 1-12, as best understood, are rejected under 35 U.S.C 103(a) as being unpatentable over US Pub No.: 20220133125 (“Chojnacki et al.”) in view of EP 2594186 (“Milani 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) movable out of a washing position in the washing compartment into a loading position moved out at least partially of the washing compartment and vice versa, and
a pull-out (126) arranged on the main body (124) so as to be displaceable in a movement direction of the main body (124) , wherein the pull-out (126)- being configured to accommodate a first dish rack (218), wherein
the main body (124) carries a second dish rack (along 124) .
Chojnacki et al. discloses the claimed invention but does not teach second rack displaceable in the movement direction.
Milani et al. discloses a similar invention having a main body (1) with a dish rack (2a) arranged on the main body (1) so as to be displaceable both in the movement direction of the main body (1) and transversely thereto in the vertical direction of the washing compartment (as seen in Figures 7-9). 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 (1) and transversely thereto in the vertical direction of the washing compartment, to provide a rack with greater flexibility that provides room for taller dishes.
Regarding Claim 2, the combination discloses (Milani et al.) wherein the main body (1) carries a third dish rack (2a) , wherein the third dish rack (2a)is removably arranged on the main body (1) .
Regarding Claim 3, the combination discloses (Milani et al.) wherein the main body (1) provides a guide device (1aa, 1ac, 1ab) for the second dish rack (2a), which guide (1aa, 1ac, 1ab; see Figs. 7-9) has a first section (1ab) running in the movement direction of the main body (1) and a second section (1aa) running in the movement direction of the main body (1) , and wherein the second section(1aa) is arranged above the first section (1ab) in the vertical direction of the washing compartment (see Figs. 1-2) .
Regarding Claim 4, the combination discloses (Milani et al.) wherein the guide device (1aa, 1ac, 1ab) has a third section (1ac) connecting the first section(1ab) to the second section (1aa) and extending transversely to the movement direction of the main body (124).
Regarding Claim 5, the combination discloses (Milani et al.) wherein the second section (1aa) of the guide device (1aa, 1ac, 1ab) is arranged behind the first section (1ab) of the guide device (1aa, 1ac, 1ab) in the movement direction of the main body (1124) from a loading position into the washing position.
Regarding Claim 6, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention the third dish rack could be is arranged in the vertical direction below the second section of the guide device in the same manner as the second dish rack.
Regarding Claim 7, the combination discloses (Milani et al.) wherein the second section (1aa) of the guide device (1aa, 1ac, 1ab) is operatively connected to the pull-out in a retracted position so that the first dish rack can be transferred from the pull-out to the guide device (1aa, 1ac, 1ab) and vice versa; (as modified the pullout taught by Milani could be operatively connected to the guide device).
Regarding Claim 8, the combination discloses (Chojnacki et al.) wherein the first dish rack (218) and the second dish rack (124) are 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 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, which the loading opening is 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 12:30-6:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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