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 Objections
Claim 11 is objected to because of the following informalities: in line 27, “positioning and the protruding member” should read “positioning the protruding member”. Appropriate correction is required.
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) 1,3-5,7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim(KR0122426Y1).
[claim 1] Lim teaches a compressor fixing device, comprising: a base(11); a protruding member(21) protruding from an upper surface of the base, longitudinally extending in a first direction(vertical direction), and having a concave portion(24) that is recessed inwardly; a buffering member(22); a support panel(41) having a through hole(receiving 21,22 in fig 4); and a clip member(30) including: a first region(32) in which a recess is formed as a fixing groove(34) that longitudinally extends in a second direction(horizontal direction), a second region(31) facing the first region and in which a fixing hole(33) is formed, and a third region(vertical leg joining 31 to 32 in fig 4) connecting the first region and the second region, wherein the clip member and the protruding member are configured such that the clip member is couplable to the protruding member by positioning the clip member such that the second direction is perpendicular to the first direction and the fixing groove is aligned with the concave portion(fig 3,4), and, with the clip member positioned such that the second direction is perpendicular to the first direction and the fixing groove is aligned with the concave portion, moving the clip member in the second direction such that the concave portion becomes fitted in the fixing groove, and the base, the protruding member, the buffering member, the support panel, and the clip member are configured to be assembled together to fix a compressor to a product and such that, when assembled together and fixing the compressor to the product(fig 4), the support panel is connected to the compressor, the protruding member penetrates the buffering member so as to be surrounded by the buffering member, a top of the protruding member and a top of the buffering member penetrate the through hole so that the buffering member is secured to the through hole, the clip member is coupled to the protruding member such that the top of the protruding member is inserted into the fixing groove and penetrates the fixing hole, the concave portion is fitted into the fixing groove, and a lower surface of the first region is in contact with the buffering member, and the base is secured to the product, so that the compressor is thereby fixed to the product(as seen in figure 4).
[claim 3] wherein the third region is connected to one end of the first region and one end of the second region, and the clip member has a U-shape in which the first region, the third region and the second region are sequentially connected(as seen in figure 4).
[claim 4] wherein the second region has a first end connected to the third region, and a second end that is opposite to the first end and is bent away from the first region(as seen in figure 4).
[claim 5] wherein the top of the protruding member has a cross-sectional region that decreases in an upward direction at a position corresponding to the second end of the second region(top of protruding member at 23).
[claim 7] wherein the buffering member has a cylindrical shape and has a hollow through the cylindrical shape, and the protruding member penetrates the buffering member through the hollow(fig 4).
[claim 8] wherein, when the base, the protruding member, the buffering member, the support panel, and the clip member are assembled together, the top of the protruding member protrudes past an upper portion of the buffering member(fig 4).
[claim 9] wherein the buffering member is made of an elastic material(fig 4).
[claim 10] wherein the buffering member includes a recess(engaging 41 in figure 4) formed along a perimeter of the buffering member, and when the base, the protruding member, the buffering member, the support panel, and the clip member are assembled together, the recess of the buffering member is secured to the through hole(fig 4).
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.
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) 11,13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim(KR0122426Y1) in view of Lokhande et al.(US10408526).
[claim 11] Lim teaches an appliance comprising: a compressor(12); and a compressor fixing device including: a base(11), a buffering member(22), a protruding member(21) protruding from an upper surface of the base(fig 4) so as to longitudinally extend in a vertical direction, and penetrating the buffering member so as to be surrounded by the buffering member, wherein the protruding member has a concave portion(24) that is recessed inwardly, a support panel(41) connected to the compressor and having a through hole(receiving 21 and 22 in figure 4), and a clip member(30) including a first region(32) in which a recess is formed as a fixing groove(34) that longitudinally extends in a horizontal direction, a second region(31) facing the first region and in which a fixing hole(33) is formed, and a third region(vertical leg joining 31 to 32 seen in figure 4) connecting the first region and the second region, wherein a top of the protruding member and a top of the buffering member penetrate the through hole such that the buffering member is secured to the through hole(fig 4), and the clip member is coupled to the protruding member such that the top of the protruding member is inserted into the fixing groove and penetrates the fixing hole, the concave portion is fitted into the fixing groove, and a lower surface of the first region is in contact with the buffering member(as seen in figure 4), wherein the clip member and the protruding member are configured such that the clip member is couplable to the protruding member by positioning the protruding member such that the protruding member longitudinally extends in the vertical direction, the fixing groove longitudinally extends in the horizontal direction, and the fixing groove is aligned with the concave portion, and, with the protruding member longitudinally extending in the vertical direction, the fixing groove longitudinally extending in the horizontal direction, and the fixing groove aligned with the concave portion, moving the clip member in the horizontal direction such that the concave portion becomes fitted in the fixing groove(fig 4). Lim however may not teach that the appliance is a dishwasher. Lokhande teaches a similar appliance with a compressor, and further teaches that compressors can be used in refrigerators and dishwashers(C2 L44-49). As such it would have been obvious to one of ordinary skill in the art as of the effective filing date to use the compressor and compressor fixing device of Lim in a dishwasher, as Lokhande teaches dishwashers use compressors, and this would provide a means for mounting a compressor in a dishwasher.
[claim 13] wherein the third region is connected to one end of the first region and one end of the second region, and the clip member has a U-shape in which the first region, the third region and the second region are sequentially connected(as seen in figure 4).
[claim 14] wherein the second region has a first end connected to the third region, and a second end that is opposite to the first end and is bent away from the first region(as seen in figure 4).
[claim 15] wherein the top of the protruding member has a cross-sectional region that decreases in an upward direction at a position corresponding to the second end of the second region(top of protruding member at 23).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,3-5,7-11 and 13-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632
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