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 .
Information Disclosure Statement
In the IDS filed 10/31/2024, the citation to US 11,889,965 to Pedretti et al. issued 2024-02-13 has been crossed out because this document does not appear to exist.
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) 10-12, 14-17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hader et al. (DE 102021210865).
Regarding claim 10, Hader discloses a dishwasher with a door latch mechanism comprising: a dishwasher compartment including a top wall with a latch (2, 18A); a door including an internal compartment with a top surface (3, 19A/20); a wax motor positioned inside said internal compartment (machine translation, page 7, paragraph 7); a strike positioned adjacent to said top surface, wherein said strike extends to said latch to keep said door closed when said strike is in a first position and said strike is withdrawn from said latch to permit said door to open when said strike is in a second position (24, 26; Figures 3, 9, 10: P1, P2, P3); and wherein said wax motor engages said strike in-line to move said strike from said first position to said second position (machine translation, page 7, paragraph 7; Figures 3, 9, 10: P1, P2, P3; note that the motor is inside 19A and connected to the element 24, and there is necessarily a line between them).
Regarding claims 11-12, and 14, Hader discloses wherein said latch includes a shaped catch member that engages a portion of said strike (Figure 5: 36, 37); wherein said strike is received in spaced apart arms of said catch member(Figures 5, 8: 26, 36, 37); wherein said strike rotates between said first position and said second position (Figure 3: “D”).
Regarding claim 15, Hader discloses a door latch mechanism for a dishwasher comprising: a latch coupled to a top wall of a dishwasher compartment (2, 18A); a wax motor positioned inside an internal compartment of a dishwasher door (machine translation, page 7, paragraph 7); a strike positioned adjacent to a top surface of said door, wherein said strike extends into said latch to keep said door closed when said strike is in a first position and said strike is withdrawn from said latch to permit said door to open when said strike is in a second position (24, 26; Figures 3, 9, 10: P1, P2, P3); and wherein said wax motor engages said strike to move said strike from said first position to said second position (machine translation, page 7, paragraph 7; Figures 3, 9, 10: P1, P2, P3; note that the motor is inside 19A and connected to the element 24).
Regarding claims 16-17, 19, and 20, Hader discloses wherein said wax motor is positioned in-line with said strike (machine translation, page 7, paragraph 7; Figures 3, 9, 10: P1, P2, P3; note that the motor is inside 19A and connected to the element 24, and there is necessarily a line between them); wherein said latch includes a shaped catch member that engages a portion of said strike (Figure 5: 36, 37); wherein said latch includes spring biased arms (36, 37, 47); wherein said strike has a recess shaped to engage a portion of said latch (see recessed region between the top surface of 25 and the side walls of 26).
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 (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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hader et al. (DE 102021210865) in view of Dirnberger et al. (US 2018/0000312).
Regarding claim 1, Hader discloses a dishwasher with a door latch mechanism comprising: a dishwasher compartment including a top wall (2); a door including an internal compartment with a top surface (3, 19A/20); a wax motor positioned inside said internal compartment (machine translation, page 7, paragraph 7); a strike positioned adjacent to said top surface, to keep said door closed when said strike is in a first position to permit said door to open when said strike is in a second position (24, 26; Figures 3, 9, 10: P1, P2, P3); and wherein said wax motor engages said strike to move said strike from said first position to said second position (machine translation, page 7, paragraph 7; Figures 3, 9, 10: P1, P2, P3; note that the motor is inside 19A and connected to the element 24).
Hader does not appear to expressly disclose wherein said strike extends into said top wall and said strike is withdrawn from said top wall.
Dirnberger discloses a dishwashing machine having a door (26) that closes and cooperates with a locking assembly (42) arranged on the main machine body (12) behind a cutout (38) to hold the door closed (paragraphs 26-27). A closing pin (36) is mounted on the dishwasher door and enters the cutout (38) which is open at the bottom of the top wall (20) of the main machine body (12; paragraph 27).
Because it is known in the art to have locking assembly in a top wall with a corresponding cutout, and the results of the modification would be predictable, namely, providing the locking assembly in the top wall as known, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein said strike extends into said top wall and said strike is withdrawn from said top wall.
Claims 2-4, 6, 8, and 9 are considered to be met by Hader, in view of Dirnberger, as applied above and which results in: wherein said wax motor is positioned in-line with said strike (Hader: machine translation, page 7, paragraph 7; Figures 3, 9, 10: P1, P2, P3; note that the motor is inside 19A and connected to the element 24, and there is necessarily a line between them); including a latch in said top wall, said latch including a shaped catch member that engages a portion of said strike (Hader: 36); wherein said catch member is one piece (Hader: 36); wherein said catch member has spring biased arms (Hader: 36, 37, 47); wherein said strike rotates between said first position and said second position (Hader: Figure 3: “D”); wherein said strike has a recess shaped to engage a latch in said top wall (Hader: see recessed region between the top surface of 25 and the side walls of 26).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hader et al. (DE 102021210865), in view of Dirnberger et al. (US 2018/0000312), and further in view of Krieger (US 2017/0175321).
Regarding claim 5, Hader, in view of Dirnberger, is relied upon as above and further discloses wherein said catch member has spaced apart arms (36, 37), but does not expressly disclose wherein said catch member is plastic.
Krieger discloses an appliance (10) having a door (16), a strike (24) and jaws (25) that receive the strike, wherein the jaws may be constructed of a polymer, such as a thermoplastic (paragraph 51).
Because it is known in the art to have a polymeric jaw, such as a thermoplastic jaw, and the results of the modification would be predictable, namely, use of a known material for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein said catch member is plastic.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hader et al. (DE 102021210865), in view of Dirnberger et al. (US 2018/0000312), and further in view of Johnson et al. (US 5,836,324).
Regarding claim 7, Hader, in view of Dirnberger, is relied upon as above, but does not expressly disclose wherein the wax motor is coupled to a bracket that is coupled inside said internal compartment.
Johnson discloses a dishwasher having a wax motor (Figures 7, 9: 54), wherein the wax motor includes mounting flanges (56, 58) which are mounted into slots (50, 52) of corresponding flanges (46, 48).
Because it is known in the art to mount a wax motor to flanges, and the results of the modification would be predictable, namely, fixing the location of the wax motor, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein the wax motor is coupled to a bracket that is coupled inside said internal compartment.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hader et al. (DE 102021210865), in view of Johnson et al. (US 5,836,324).
Regarding claim 13, Hader is relied upon as above, but does not expressly disclose wherein the wax motor is coupled to a bracket that is coupled inside said internal compartment.
Johnson discloses a dishwasher having a wax motor (Figures 7, 9: 54), wherein the wax motor includes mounting flanges (56, 58) which are mounted into slots (50, 52) of corresponding flanges (46, 48).
Because it is known in the art to mount a wax motor to flanges, and the results of the modification would be predictable, namely, fixing the location of the wax motor, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein the wax motor is coupled to a bracket that is coupled inside said internal compartment.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hader et al. (DE 102021210865) in view of Krieger (US 2017/0175321).
Regarding claim 18, Hader is relied upon as above and further discloses wherein said latch has opposed arms (36, 37), but does not expressly disclose wherein said latch is plastic.
Krieger discloses an appliance (10) having a door (16), a strike (24) and jaws (25) that receive the strike, wherein the jaws may be constructed of a polymer, such as a thermoplastic (paragraph 51).
Because it is known in the art to have a polymeric jaw, such as a thermoplastic jaw, and the results of the modification would be predictable, namely, use of a known material for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein said latch is plastic.
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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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
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