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 .
Election/Restrictions
Applicant's election with traverse of claims 16-20 in the reply filed on 5/13/26 is acknowledged. The traversal is on the ground(s) that there is a lack of serious burden on the Examiner. This is not found persuasive because as there is in fact a serious burden at least due to the additional search areas required for method claims 1-15 to search for the molding limitations, which are not required for product claims 16-20. Further, Applicant has not provided any argument against the distinctness of the process or making (claims 1-15) and product made (claims 16-20) restriction detailed in the Restriction Requirement dated 5/12/26.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “insulation arrangement configured to cover in part the functional compartment and including a first insulation element and a second insulation element, said first insulation element arranged between the functional compartment and the second insulation element; and a further second insulation element configured to solely cover part of the functional compartment” of claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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 Jerg (2007/0119481).
With respect to claim 16, Jerg teaches a household appliance (Figure 1, note #1 shows a washing container of a dishwasher), comprising: a functional compartment (2/3); an insulation arrangement (4/5) for at least one of thermal insulation or acoustic insulation of the functional compartment ([0031]), said insulation arrangement (4/5) configured to cover in part the functional compartment (2/3) and including a first insulation element (5) and a second insulation element (defined only by portions of layer #4 overlapping layer #5), said first insulation element (5) arranged between the functional compartment (2/3) and the second insulation element (defined only by portions of layer #4 overlapping layer #5); and a further second insulation element (defined only by portions of layer #4 that do not overlap layer #5, such as the corner portion shown in Figure 1) configured to solely cover part of the functional compartment (2/3).
With respect to claim 17, Jerg teaches constructed in the form of a household dishwasher (see title, [0031]).
With respect to claim 18, Jerg teaches wherein the functional compartment (2/3) is configured as a dishwashing compartment ([0031]).
With respect to claim 19, Jerg teaches wherein the first insulation element (5) and the second insulation element (defined by portions of layer #4 overlapping layer #5) have at least one of a same length or a same width. Because the “second insulation element is defined only by portions of layer #4 overlapping layer #5, the first insulation element (5) and the second insulation element (defined only by portions of layer #4 overlapping layer #5) are considered to have at least one of a same length or a same width.
With respect to claim 20, Jerg teaches wherein the first insulation element (5) and the second insulation element (defined by portions of layer #4 overlapping layer #5) are configured to be attached one after another to the functional compartment (2/3).
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fritz (9,320,414).
With respect to claim 16, Fritz teaches a household appliance (Figures 1-3, Col. 3, Line 66), comprising: a functional compartment (1); an insulation arrangement (21/23) for at least one of thermal insulation or acoustic insulation of the functional compartment (Col. 4, Lines 17-35), said insulation arrangement (21/23) configured to cover in part the functional compartment (1) and including a first insulation element (21) and a second insulation element (defined only by portions of layer #23 overlapping layer #21), said first insulation element (21) arranged between the functional compartment (1) and the second insulation element (defined only by portions of layer #23 overlapping layer #21); and a further second insulation element (defined only by portions of layer #23 that do not overlap layer #21, clearly seen in the Figures) configured to solely cover part of the functional compartment (1).
With respect to claim 17, Fritz teaches constructed in the form of a household dishwasher (see title).
With respect to claim 18, Fritz teaches wherein the functional compartment (1) is configured as a dishwashing compartment (Col. 3, Line 66).
With respect to claim 19, Fritz teaches wherein the first insulation element (21) and the second insulation element (defined by portions of layer #23 overlapping layer #21) have at least one of a same length or a same width. Because the “second insulation element is defined only by portions of layer #23 overlapping layer #21, the first insulation element (21) and the second insulation element (defined only by portions of layer #23 overlapping layer #21) are considered to have at least one of a same length or a same width.
With respect to claim 20, Fritz teaches wherein the first insulation element (21) and the second insulation element (defined by portions of layer #23 overlapping layer #21) are configured to be attached one after another to the functional compartment (1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
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).
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, 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
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