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 .
Claims 1-20 are pending
Claim 2 has been amended
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) 1-2, 9-11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Maik et al. DE 102012103445 (DE’445) cited in IDS filed 12-19-24 (machine translation provided used for citation) in view of Carlson et al. US 2013/0092194 (US’194).
Regarding claim 1, DE’445 teaches a method for changing a direction of spray from a sprayer located in a treating chamber of a dishwasher (a dishwasher including a chamber and a spray arm includes spray nozzles for delivery of a rinsing medium. A wide-ranging spray pattern produced by the spray nozzles is adjustably designed based on a temperature of a rinsing medium., abstract), the method comprising:
flowing fluid at a first temperature into a sprayer housing of a sprayer, wherein the fluid exits the sprayer housing into the treating chamber through at least one nozzle as a first spray, wherein the first spray has a first primary spray direction or a first spray centerline (the spray pattern generated at a spray nozzle in a first setting is generated before the thermoactuator adjusts the guide element, fig. 2, page 4-5);
flowing fluid at a second temperature into a sprayer housing, wherein the second temperature is at or greater than a first predetermined temperature and less than a second predetermined temperature, moving a diverter operably coupled to a thermally-responsive actuator and located at an interior of the sprayer housing, laterally from a first position to a second position in response to the fluid flowing at the second temperature (the thermoactuator is activated at a temperature of 90 ° C to 100 ° C, in particular 93 ° C. The guiding element 4 is with the actor 5 driven. The actor 5 has a housing 25 and one in the longitudinal direction of the housing 25 movable piston 14 on. The actor 5 is designed as a thermoactuator see fig. 1 and 3, page 4-5); and
wherein a portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the second position (see fig. 2-3 which show the adjustment of the spray pattern 3 with the embodiment of the invention. Shown is a section of the housing 9, In this is a spray nozzle 2 intended. The spray nozzle 2 is only through a hole through the housing 9 formed, but in principle, another design of the spray nozzle 2 possible. In the case 9 is the guiding element 4 arranged. The guiding element 4 has the recess 7 on, through which into the spray arm 1 promoted flushing medium in the flow direction 10 in the direction of the spray nozzle 2 is encouraged. The flushing medium emerging from the spray nozzle generates a spray pattern 3, page 6), and
wherein fluid exits the sprayer housing into the treating chamber through the at least one nozzle as a second spray and wherein the second spray has a second primary spray direction (see figs. 2-3 the thermoactuator changes the spray pattern as discussed above).
DE’445 does not teach a stationary sprayer.
US’194 teaches a dishwasher includes a tub (abstract). One of the problems associated with the typical modern dishwasher is that the dishes receive somewhat uniform wash treatment no matter their positioning within a rack in the dishwasher. For example, in a typical dishwasher, a lower wash arm rotates about a vertical axis and is provided beneath the lower rack for cleaning the dishes on the lower rack and an upper wash arm is provided beneath the upper rack for cleaning the dishes on the upper rack. Dishes in the upper rack receive somewhat uniform wash treatment and dishes in the lower rack receive somewhat uniform wash treatment. Accordingly, lightly soiled dishes in either dish rack are subject to the same wash performance as the highly soiled dishes in the same wash rack, which can lead to poor wash performance of the highly soiled dishes (para. 2-4). US’194 overcomes this problem by using a stationary spray manifold that is configured to have internal flow paths and a flow diverter that distribute liquid according to each sprayer’s required flow rate, reducing pressure loss and improving spray effectiveness. not only can the manifold be configured to provide water flow to a particular area, but the water flow from the manifold may also be configured to have more speed or more volume per area (para. 34-37, 64-70 and 109-115). DE’445 further teaches In newer dishwashers, depending on the rinsing phase, other flow properties of the rinsing medium emerging from the spray arm at the spray nozzles are set. For example, it can be provided that coarse dirt from the items to be washed, in particular by mechanical action of the flushing medium, is removed by means of a focused, "hard" jet. In another rinsing phase may be desired that it comes to soaking the dirt located on the items to be washed. In such a phase, it is less important to have a focused jet of the flushing medium than a diffused jet of water which distributes the water over as large a surface as possible. Usually referred to as emerging from the spray nozzles of the spray arm flushing medium in its entirety as a spray pattern (page 2). Therefore, one of ordinary skill in the art could combined the stationary sprayer of US’194 to provide better zone cleaning with the spray pattern changing nozzle to adapt the spray pattern for better cleaning to more precisely control the dishwasher cleaning.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of DE’445 to include a stationary sprayer because the combined teachings of US’194 and DE’445 teach it can be done to more precisely control the cleaning is a dishwasher by combining controlled zone cleaning and controlled phase cleaning and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 2, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. DE’445 further teaches wherein occlusion of the at least a portion of the at least one nozzle changes the first primary spray direction from a first angle to the second primary spray direction having a second angle, wherein the first angle is different from the second angle (the spray changes from a jet to a fan which is a change of angle of the spray pattern, as discussed above, see fig. 2-3, Different fanning degrees send liquid in different directions, which reads on a change in spray direction. DE’445 includes two different shaped spray patterns, which spray liquid in different directions and having different fanning angles. The claim recites a “first angle” and “a second angle” without any reference line, reference plan or defined size. Under the broadest reasonable interpretation any reasonable way of measuring an angle satisfies the relationship. This included fan angle at the nozzle opening, which is a measurement DE’445 shows and describes as it goes from narrow in fig. 2 to wide in fig, 3. Since the particular angles and directions are not defined by the claims, any difference in fan angle reads a different angle).
Regarding claim 9, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 2. DE’445 further teaches wherein the first angle is measured from the first spray centerline to an exterior surface of the sprayer housing (see fig. 2-3).
Regarding claim 10, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 2. DE’445 further teaches wherein the diverter is flush to an interior surface of the sprayer housing (see fig. 3).
Regarding claims 11 and 17, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claims 1 and 2. DE’445 further teaches wherein the at least one nozzle comprises multiple nozzles and moving the diverter occludes at least a portion of each of the multiple nozzles, with regard to claims 11 and 17 (see fig. 1-7 page 5-7 of DE’445 and fig. 7 and 16 of US’194, multiple nozzles are located on the stationary sprayer and multiple nozzles can be occluded by the diverted).
Regarding claim 13, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. DE’445 further teaches wherein the diverter is a plate having a protrusion adjacent but not occluding the at least one nozzle in the first position (DE’445 includes guide element 4 including recess 7, the area surrounding the recess reads on a protrusion, in the low temperature position the nozzle 2 is spaced from the guide a distance A defining a wide flow channel, as discussed above, see figs. 2-3)
Regarding claim 14, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. The modified method of DE’445 further teaches wherein the diverter is a portion of a diverter assembly and an entirety of the diverter assembly is within the stationary sprayer (as discussed above, the stationary sprayer of US’194 includes the diverter of DE’445 which is located inside the spaying device, and DE’445 teaches the housing 9 provides an interior. In the interior of the spray arm 1 is a guiding element 4 movably arranged, page 5-6).
Regarding claim 15, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. US’194 further teaches the volumetric flow rate can be controlled for different spay patterns which improves cleaning performance (para. 108-120). Therefore US’194 further teaches that the flow patterns of the modified method of DE’445 can include different flow velocity or volume to improve cleaning performance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of DE’445 to include wherein flowing fluid at the first temperature further comprises flowing fluid at a first velocity or a first volume and wherein flowing fluid at the second temperature further comprises flowing fluid at a second velocity or a second volume, wherein the second velocity or the second volume are different than the first velocity or the first volume because US’194 teaches improve cleaning performance and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 16, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. DE’445 further teaches a biasing member biasing the diverter to the first position (springs 6 and 12, see fig. 1, pages 5-6)
Regarding claim 18, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 2. DE’445 further teaches wherein the moving further comprises a rotatable component or a set of pivot arms moveably coupling the diverter to the sprayer housing (DE’445 teaches guiding element 4 is relative to the housing 9 of the spray arm 1 movably arranged. For this purpose, the guide element 4 a cam 16 on which in a backdrop 15 of the owner 11 is guided wherein a can reads on a rotatable component, page 5, fig. 1).
Claim(s) 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over DE’445 in view of US’194 as applied to claim 2 above, and further in view of Forst et al. US 2014/0150831 (US’831).
Regarding claim 3, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 2.
The modified method does not teach flowing fluid at a third temperature, wherein the third temperature is at or greater than the second predetermined temperature, and moving the diverter from the second position to a third position in response to the fluid flowing at the third temperature, and wherein another portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the third position and wherein fluid exits the sprayer housing into the treating chamber through the at least one nozzle as a third spray and wherein the third spray has a third primary spray direction or a third spray centerline.
US’831 teaches a dishwasher comprising at least one spray device, the spray device having at least one nozzle for discharging washing liquid in the form of a spray jet, where at least one nozzle is adjustable in order to change the characteristics of the spray jet. According the invention the adjustable nozzle is adjustable by an adjusting means comprising a thermal actuator (abstract). by means of the temperature, which typically is the temperature of a washing liquid, the shape of the nozzles can be adjusted or adapted to a specific washing step or washing program running at the typical temperature. In a preferred embodiment of the present invention a material is used which has a transition temperature above 20° C. The related temperatures are the temperatures usually used in dishwashers which are up to 75° C. Hence, by selecting a specific transition temperature the nozzle adjustment can be done in a way so as to support the different tasks of a specific washing program. By means of the transition temperature in the range or above 20° C. one can e.g. perform an adjustment of the nozzles as soon as the washing liquid is started to be heated. The transition temperature can also be selected in a way so that the temperature range of 40-55° C. is addressed where in this so-called "bio-phase" the enzymes (e.g. Lipase and Protease) are supported. A higher temperature range starts at 55° C and typically goes up to about 75° C. where the effect of the bleaching agents is supported (para. 13-22). The combination of DE’445 and US’831 would include three temperatures ranges 40-55°C, 55-75°C and above 93°C using a thermal actuator the change the spray pattern enabling changes in spray force, coverage, and direction that enables the dishwasher to better match spray patterns to different temperature phases and cleaning tasks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of DE’445 to include flowing fluid at a third temperature, wherein the third temperature is at or greater than the second predetermined temperature, and moving the diverter from the second position to a third position in response to the fluid flowing at the third temperature, and wherein another portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the third position and wherein fluid exits the sprayer housing into the treating chamber through the at least one nozzle as a third spray and wherein the third spray has a third primary spray direction or a third spray centerline because the combination of DE’445 and US’831 teaches three temperatures ranges 40-55°C, 55-75°C and above 93°C using a thermal actuator the change the spray pattern enabling changes in spray force, coverage, and direction that enables the dishwasher to better match spray patterns to different temperature phases and cleaning tasks and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 4, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 3. The modified method of DE’445 further teaches wherein the occlusion of the at least a portion of the at least one nozzle changes the second primary spray direction from the second angle to the third primary spray direction having a third angle (as discussed above, the spray pattern and angle or spray is changed at three different temperatures).
Regarding claims 5-6, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 4.US’831 further teaches the nozzle 10 and adjustable by a thermal actuator to change the shape of the nozzle for adjusting the spray pattern (para.13-23 and 31). FIG. 3 schematically shows an adjustable conical nozzle 10 where a nozzle opening 40 is adjustable by means of two wax motors 60. Each wax motor is connected to a pivot section 80 of nozzle 10 by means of a plunger 70. Nozzle 10 is made of a flexible material like rubber or plastic. Alternatively, nozzle 10 could comprise flexible sections. Preferably, nozzle opening 40 is formed as a slit so that the opening can be easily opened or closed through the two wax motors 60 acting on both sides of the slit or one wax motor acting on one side. Any change of the temperature around the wax motors 60, e.g. any change of the temperature of the washing liquid induces a thermal expansion or contraction of a wax included in the wax motors 60 which in turn causes the plungers 70 to deform the flexible nozzle 10 so as to change the cross section of the nozzle opening 40 (para. 12-32). Therefore, US’831 teaches a nozzle opening that flex and open the nozzle longitudinally to additionally control the spray parameters. Since the nozzle is made to be flexible and respond to temperature changes, the coefficient of thermal expansion would be greater the wax motor actuator (para. 23-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of DE’445 to include wherein the flowing of the fluid at the second temperature or the third temperature causes the sprayer housing to expand a greater distance in a longitudinal direction than the thermally-responsive actuator, with regard to claim 5 and wherein the thermally-responsive actuator has a first coefficient of thermal expansion and the sprayer housing has a second coefficient of thermal expansion that is twice the first coefficient of thermal expansion, with regard to claim 6 because US’831 teaches a nozzle opening that flex and open the nozzle longitudinally to additionally control the spray parameters and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claims 7-8, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 3. US’194 further teaches the volumetric flow rate can be controlled for different spay patterns which improves cleaning performance (para. 108-120). Therefore US’194 further teaches that the flow patterns of the modified method of DE’445 can include different flow velocity or volume to improve cleaning performance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of DE’445 to include wherein flowing fluid at the first temperature further comprises flowing fluid at a first velocity or a first volume and wherein flowing fluid at the second temperature further comprises flowing fluid at a second velocity or a second volume, wherein the second velocity or the second volume are different than the first velocity or the first volume, with regard to claim 7 wherein flowing fluid at the third temperature further comprises flowing fluid at a third velocity or a third volume different than the first velocity or the first volume, with regard to claim 8 because US’194 teaches improve cleaning performance and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over DE’445 in view of US’194 as applied to claim 2 above, and further in view of Digman et al. US 2020/0085277 (US277).
Regarding claim 12, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 1. DE’445 further teaches wherein the moving further comprises a set of couplings to a portion of the diverter to an interior surface of the sprayer housing and wherein the set of couplings receive a portion of the thermally-responsive actuator and wherein an increased distance between the thermally-responsive actuator and a first coupling of the set of coupling provides tension required to move the diverter from the first position to the second position (see fig. 1 and 6 page 5-7).
The modified method does not teach the couplings are pulleys.
US’277 teaches a dishwasher and method for operating the same utilize a diverter valve to control via rotation the flow of fluid such as wash fluid or pressurized air to a rotatable conduit supported in the rack of a dishwasher (abstract). Manners of mechanically coupling motor 116 to tubular spray element 100 may be used in other embodiments, e.g., different numbers and/or types of gears, belt and pully drives, magnetic drives, hydraulic drives, linkages, friction, etc. (para. 69).
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified method of DE’445 to include the couplings are pulleys because US’277 teaches it is a known alternative mechanical coupling for providing movement in a dishwasher and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Maik et al. DE 102012103445 (DE’445) cited in IDS filed 12-19-24 (machine translation used for citation) in view of Carlson et al. US 2013/0092194 (US’194).
Regarding claim 19, DE’445 teaches a method for changing a direction of spray from a sprayer located in a treating chamber of a dishwasher (a dishwasher including a chamber and a spray arm includes spray nozzles for delivery of a rinsing medium. A wide-ranging spray pattern produced by the spray nozzles is adjustably designed based on a temperature of a rinsing medium., abstract), the method comprising:
flowing fluid at a first temperature that is below a first predetermined temperature into a sprayer housing of a sprayer, wherein the fluid exits the sprayer housing into the treating chamber through at least one nozzle (the spray pattern generated at a spray nozzle in a first setting is generated before the thermoactuator adjusts the guide element, fig. 2, page 4-5);
flowing fluid at a second temperature, greater than the first temperature, wherein the second temperature is at or greater than the first predetermined temperature and less than a second predetermined temperature; and moving a diverter operably coupled to a thermally-responsive actuator and located at an interior of the sprayer housing, from a first position to a second position in response to the fluid flowing at the second temperature, (the thermoactuator is activated at a temperature of 90 ° C to 100 ° C, in particular 93 ° C. The guiding element 4 is with the actor 5 driven. The actor 5 has a housing 25 and one in the longitudinal direction of the housing 25 movable piston 14 on. The actor 5 is designed as a thermoactuator see fig. 1 and 3, page 4-5); and
wherein a portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the second position (see fig. 2-3 which show the adjustment of the spray pattern 3 with the embodiment of the invention. Shown is a section of the housing 9, In this is a spray nozzle 2 intended. The spray nozzle 2 is only through a hole through the housing 9 formed, but in principle, another design of the spray nozzle 2 possible. In the case 9 is the guiding element 4 arranged. The guiding element 4 has the recess 7 on, through which into the spray arm 1 promoted flushing medium in the flow direction 10 in the direction of the spray nozzle 2 is encouraged. The flushing medium emerging from the spray nozzle generates a spray pattern 3, page 6), and
wherein the occlusion of the at least a portion of the at least one nozzle changes a primary spray direction of spray emitted from a first angle to a second angle (see figs. 2-3 the thermoactuator changes the spray pattern direction and angle as discussed above).
DE’445 does not teach a stationary sprayer.
US’194 teaches a dishwasher includes a tub (abstract). One of the problems associated with the typical modern dishwasher is that the dishes receive somewhat uniform wash treatment no matter their positioning within a rack in the dishwasher. For example, in a typical dishwasher, a lower wash arm rotates about a vertical axis and is provided beneath the lower rack for cleaning the dishes on the lower rack and an upper wash arm is provided beneath the upper rack for cleaning the dishes on the upper rack. Dishes in the upper rack receive somewhat uniform wash treatment and dishes in the lower rack receive somewhat uniform wash treatment. Accordingly, lightly soiled dishes in either dish rack are subject to the same wash performance as the highly soiled dishes in the same wash rack, which can lead to poor wash performance of the highly soiled dishes (para. 2-4). US’194 overcomes this problem by using a stationary spray manifold that is configured to have internal flow paths and a flow diverter that distribute liquid according to each sprayer’s required flow rate, reducing pressure loss and improving spray effectiveness. not only can the manifold be configured to provide water flow to a particular area, but the water flow from the manifold may also be configured to have more speed or more volume per area (para. 34-37, 64-70 and 109-115). DE’445 further teaches In newer dishwashers, depending on the rinsing phase, other flow properties of the rinsing medium emerging from the spray arm at the spray nozzles are set. For example, it can be provided that coarse dirt from the items to be washed, in particular by mechanical action of the flushing medium, is removed by means of a focused, "hard" jet. In another rinsing phase may be desired that it comes to soaking the dirt located on the items to be washed. In such a phase, it is less important to have a focused jet of the flushing medium than a diffused jet of water which distributes the water over as large a surface as possible. Usually referred to as emerging from the spray nozzles of the spray arm flushing medium in its entirety as a spray pattern (page 2). Therefore, one of ordinary skill in the art could combined the stationary sprayer of US’194 to provide better zone cleaning with the spray pattern changing nozzle to adapt the spray pattern for better cleaning to more precisely control the dishwasher cleaning.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of DE’445 to include a stationary sprayer because the combined teachings of US’194 and DE’445 teach it can be done to more precisely control the cleaning is a dishwasher by combining controlled zone cleaning and controlled phase cleaning and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over DE’445 in view of US’194 as applied to claim 19 above, and further in view of Forst et al. US 2014/0150831 (US’831).
Regarding claim 20, the modified method of DE’445 teaches the method of changing direction of spray in a dishwasher of claim 19.
The modified method does not teach flowing fluid at a third temperature, wherein the third temperature is at or greater than the second predetermined temperature, and moving the diverter from the second position to a third position in response to the fluid flowing at the third temperature, wherein another portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the third position.
US’831 teaches a dishwasher comprising at least one spray device, the spray device having at least one nozzle for discharging washing liquid in the form of a spray jet, where at least one nozzle is adjustable in order to change the characteristics of the spray jet. According the invention the adjustable nozzle is adjustable by an adjusting means comprising a thermal actuator (abstract). by means of the temperature, which typically is the temperature of a washing liquid, the shape of the nozzles can be adjusted or adapted to a specific washing step or washing program running at the typical temperature. In a preferred embodiment of the present invention a material is used which has a transition temperature above 20° C. The related temperatures are the temperatures usually used in dishwashers which are up to 75° C. Hence, by selecting a specific transition temperature the nozzle adjustment can be done in a way so as to support the different tasks of a specific washing program. By means of the transition temperature in the range or above 20° C. one can e.g. perform an adjustment of the nozzles as soon as the washing liquid is started to be heated. The transition temperature can also be selected in a way so that the temperature range of 40-55° C. is addressed where in this so-called "bio-phase" the enzymes (e.g. Lipase and Protease) are supported. A higher temperature range starts at 55° C and typically goes up to about 75° C. where the effect of the bleaching agents is supported (para. 13-22). The combination of DE’445 and US’831 would include three temperatures ranges 40-55°C, 55-75°C and above 93°C using a thermal actuator the change the spray pattern enabling changes in spray force, coverage, and direction that enables the dishwasher to better match spray patterns to different temperature phases and cleaning tasks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of DE’445 to include flowing fluid at a third temperature, wherein the third temperature is at or greater than the second predetermined temperature, and moving the diverter from the second position to a third position in response to the fluid flowing at the third temperature, wherein another portion of the diverter occludes at least a portion of the at least one nozzle when the diverter is in the third position because the combination of DE’445 and US’831 teaches three temperatures ranges 40-55°C, 55-75°C and above 93°C using a thermal actuator the change the spray pattern enabling changes in spray force, coverage, and direction that enables the dishwasher to better match spray patterns to different temperature phases and cleaning tasks and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Response to Amendment
Applicant’s amendments to claim 2 to include subject matter regarding wherein the first angle is different from the second angle has changed the scope of claim 2. However, upon further consideration, the teachings of DE’445 still appear to read on the claimed invention therefore additional discussion regarding the teachings of DE’445 relating to the features added to claim 2.
Response to Arguments
Applicant's arguments filed 6-30-26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the primary spray direction is restricted to a centerline and that the first and second spray directions and center lines are different) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). “First” and “second” do not by themselves require a difference. The terms “first” and “second” label two recited features as distinct items so the claims can refer back to each individually within confusion. They do not, on their own, require the two things to differ in any property. A claim reciting two distinct items is satisfied by two identical items being taught in the prior art. The first and second spray direction labels do not impart distinct or different properties between the two. Applicants’ own amendments to claim 2 filed 6-30-26, shows that applicants acknowledges that a difference was not already requires by the claim language in that the amendments add the requirement that the first and second spray directions have different angles. Applicants recitation in the preamble of “a method for changing a direction of spray” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Even if DE’445 were required to teach different directions the claim terms are vague and read on a verity of different measurements. Claim 1 recites a first and second “primary spray direction or a first spray centerline”. Neither “primary” nor “spray direction” is defined in the claim and applicant identifies no express definition in the specification limiting either term. Under MPEP 2111 each term is given its broadest reasonable interpretation. “Primary” is an undefined term and does not impose a particular focus point, narrowness or particular spray geometry. The claim does not say how the direction is measured, from what reference point, or provide a reference plane from which to measure. In the nozzle art, a conventional way to describe where a nozzle sends liquid is a spray angle. Meaning the angle between two outer edges of the spray pattern at the opening reads on an angle and direction of the spray. Different fanning degrees send liquid in different directions, which reads on a change in spray direction. As discussed above, and in the non-final mailed 6-30-26, DE’445 includes two different shaped spray patterns, which spray liquid in different directions and having different fanning angles. Applicant quotes this as well calling the second state a broad diffused fan, admitting that the liquid is directed in different directions than it was in the first state. Claim 2 and 19 recite a “first angle” and “a second angle” without any reference line, reference plan or defined size. Under the broadest reasonable interpretation any reasonable way of measuring an angle satisfies the relationship. This included fan angle at the nozzle opening, which is a measurement DE’445 shows and describes as it goes from narrow in fig. 2 to wide in fig, 3. Since the particular angles and directions are not defined by the claims, any difference in fan angle reads a different angle and any difference in the spray pattern resulting in liquid reaching different positions reads on a difference in spray direction.
Conclusion
THIS ACTION IS MADE FINAL. 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 ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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