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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the axial direction." There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the direction” of “the gear wheel plane." There is insufficient antecedent basis for these limitations in the claim. Also note that there are plural previously recited gear wheels.
Claim 2 recites the limitations "the gear wheel" in lines 6 and 7. There is insufficient antecedent basis for these limitations in the claim because there are plural gear wheels.
Claim 2 recites the limitation "the direction of rotation of the gear wheel." There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the displaceable longitudinal torsion shaft." There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the gear wheel shafts” and “the gear wheels." There is insufficient antecedent basis for this limitation in the claim.
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) 1-2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chirumbolo (US 2019/0150701; cited by Applicant).
Regarding claim 1, Chirumbolo discloses a door opener with power transmission decoupling for an electric household appliance, comprising - an electromotive actuator (50), - a pusher (40) arranged drivable by means of the actuator (50) for pushing open a door of the household appliance (18), - at least one gear wheel which engages in a toothed rack of the pusher in order to convert a rotary movement into a linear movement of the pusher (40, 45, 46), wherein the gear wheel is connected to and driven by the actuator by means of a worm gear that can be displaced in the axial direction (Figure 3: first element of 48 connected to the motor; note that an axial direction is not defined and can be any direction; also note that the entire machine can be moved in an axial direction).
Regarding claim 2, Chirumbolo discloses wherein a displaceable longitudinal torsion shaft of the worm gear extends along a peripheral side of the gear wheel or of a further gear wheel in the direction of the gear wheel plane and the rotatable worm gear arranged thereon, can be positioned in front of, on or after the gear wheel, viewed in the direction of rotation of the gear wheel, by displacing the longitudinal torsion shaft (see first two elements of 48 connected to the motor; note rotational displacement, for example).
Regarding claim 10, Chirumbolo discloses wherein the door opener is arranged in an upper wall element of a dishwasher or a washing machine (Figures 1, 2: 10, 12, 40).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at (571) 272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
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