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 § 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.
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neff (8,302,280).
With respect to claim 16, Neff teaches a household appliance (Figures 3-5, #20), comprising: a functional compartment (C); an insulation arrangement (34/36) for at least one of thermal insulation or acoustic insulation of the functional compartment (C), said insulation arrangement (34/36) configured to cover a first portion of the functional compartment (C) and including a first insulation element (34) and a second insulation element (36), said first insulation element (34) comprising a foam plastic material (Col. 4, Line 10) and said second insulation element (36) comprising a bitumen material (Col. 12, Lines 45-47 – note that it is well known that bitumen is a component of asphalt mastic), and said first insulation element (34) arranged between the functional compartment (C) and the second insulation element (36); and a further second insulation element (36) configured to solely cover and directly contact a second portion of the functional compartment (this is clearly seen in Figure 5, where layer #36 wraps around the bottom end of layer #34 and directly contacts wall #32 of the functional compartment #C).
With respect to claim 17, Neff teaches wherein the household appliance (20) of claim 16, constructed in the form of a household dishwasher (Col. 3, Lines 40-41).
With respect to claim 18, Neff teaches wherein the functional compartment (C) is configured as a dishwashing compartment (Col. 3, Lines 52-55).
With respect to claim 19, Neff teaches wherein the first insulation element (34) and the second insulation element (36) have at least one of a same length or a same width (note that in Figure 3/3A, layers #34 and #36 have the same width in at least the top panel portion).
With respect to claim 20, Neff teaches wherein the first insulation element (34) and the second insulation element (36) are configured to be attached one after another to the functional compartment (C).
Response to Arguments
Applicant’s arguments with respect to claims 16-20 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. The Examiner considers Neff to teach all of the limitations as claimed by Applicant.
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 JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
