DETAILED ACTION
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, 3-12, and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kucuk et al. (US 2012/0153786).
Regarding claim 1, Kucuk discloses a dishwashing appliance defining a vertical direction, a lateral direction, and a transverse direction, the dishwashing appliance comprising: a tub defining a wash chamber therein for receipt of articles for washing (3; paragraph 22); a door rotatably coupled to the tub for movement between a closed position and fully open position thereby facilitating access to the wash chamber (paragraphs 7, 21, 22); and a collar positioned outside of the wash chamber and on the tub (7; paragraph 22), the collar comprising: a main collar body comprising a base plate (10), the main collar body also comprising a flange protruding from the base plate and extending along a first end of the base plate (44), the first end spaced apart from and approximately parallel to a second end of the base plate (for example, at 11); and a locating tab extending from the flange directly alongside the base plate, wherein, the locating tab is configured to be received within a notch of a tub trim for positioning the tub trim on the dishwashing appliance (45; note 41).
Regarding claims 3-6, Kucuk discloses wherein the locating tab extends relative to the flange such that an angle between 75 degrees and 105 degrees is defined between the locating tab and the flange (see 44 and 45, which are shown to be at a right angle); wherein the angle defined between the locating tab and the flange is approximately 90 degrees (see 44 and 45, which are shown to be at a right angle); the locating tab is integrally formed with the flange; and the locating tab is bent relative to the flange (paragraph 24; Figures 1, 2: 44, 45); wherein: the locating tab is bent such that a first surface of the locating tab is approximately perpendicular to the base plate (see surface of 45 extending in the x-direction) and a second surface of the locating tab is approximately parallel to the base plate (see surface of 45 extending in the y-direction); and the first surface defines a surface width greater than a surface width of the second surface (see shape of 45 according to above interpretation).
Regarding claims 7-8, Kucuk discloses wherein: the locating tab is bent such that a first surface of the locating tab is approximately parallel to the base plate (the base plate may include, for example, element(s) 11; see surface of 45 extending in the x-direction) and a second surface of the locating tab is approximately perpendicular to the base plate (the base plate may include, for example, leftmost element 11; see surface of 45 extending in the y-direction); and the first surface defines a surface width greater than a surface width of the second surface (see shape of 45 according to above interpretation); receipt of the locating tab within the notch of the tub trim constrains movement of the tub trim in a first direction and in a second direction different from the first direction relative to the flange (41 is considered to be constrained by 35 in the x-, y-, and z-directions to at least some degree).
Regarding claims 9-10, Kucuk discloses wherein the collar further comprising: a bridged snap protuberance protruding from the flange for attaching the tub trim thereto (note the base plate may be construed as 11, the flange as element 10, tab as 44 and/or 45, and a bridged snap protuberance as 29 or 30), wherein: the bridged snap protuberance constrains movement of the tub trim in a third direction different from the first and second directions (see 27, 28; paragraph 23); wherein the locating tab is a first locating tab (35), the dishwashing appliance further comprising: a second locating tab extending from the flange directly alongside the base plate (Figure 3: rightmost element 11), the second locating tab spaced apart from the first locating tab (35 and rightmost element 11), wherein the first locating tab and the second locating tab are positioned on a first side of the bridged snap protuberance (35 and rightmost element 11 are above 29/30).
Regarding claim 11, Kucuk discloses wherein the flange is a first flange (Figure 3: 44), and the locating tab is a first locating tab (45), wherein: the main collar body further comprises a second flange protruding from the base plate and extending along the second end of the base plate (rightmost element 11), the second flange approximately parallel to the first flange (see Figure 3); and the collar further comprises a second locating tab extending from the second flange directly alongside the base plate, the second locating tab axially aligned with the first locating tab (45 extending from 11; note that any direction may be an axis).
Regarding claim 12, Kucuk discloses a dishwashing appliance defining a vertical direction, a lateral direction, and a transverse direction, the dishwashing appliance comprising: a tub defining a wash chamber therein for receipt of articles for washing (3; paragraph 22); a door rotatably coupled to the tub for movement between a closed position and fully open position thereby facilitating access to the wash chamber (paragraphs 7, 21, 22); a collar positioned outside of the wash chamber and on the tub (7; paragraph 22), the collar comprising: a main collar body defining a surface (10); and a locating tab extending from the surface of the main collar body (45); and a tub trim defining a notch therethrough, whereby the locating tab of the collar is received through the notch for coupling the tub trim to the collar (41, 45).
Regarding claim 14-15, Kucuk discloses wherein the locating tab extends relative to the surface of the main collar body such that an angle between 75 degrees and 105 degrees is defined between the locating tab and the surface of the main collar body (see 44 and 45, which are shown to be at a right angle); wherein: the locating tab is integrally formed with the main collar body (paragraph 24; Figures 1, 2: 44, 45); and the locating tab is bent relative to the main collar body (paragraph 24; Figures 1, 2: 44, 45).
Regarding claim 16, Kucuk discloses wherein: the main collar body includes a base plate (10); the locating tab is bent such that a first surface of the locating tab is approximately perpendicular to the base plate (see surface of 45 extending in the x-direction) and a second surface of the locating tab is approximately parallel to the base plate (see surface of 45 extending in the y-direction); and the first surface defines a surface width greater than a surface width of the second surface (see shape of 45 according to above interpretation).
Regarding claim 17, Kucuk discloses wherein: the main collar body includes a base plate (the base plate may include, for example, element(s) 11); the locating tab is bent such that a first surface of the locating tab is approximately parallel to the base plate (see surface of 45 extending in the x-direction) and a second surface of the locating tab is approximately perpendicular to the base plate (the base plate may include, for example, leftmost element 11; see surface of 45 extending in the y-direction); and the first surface defines a surface width greater than a surface width of the second surface (see shape of 45 according to above interpretation).
Regarding claims 18-19, Kucuk discloses wherein: receipt of the locating tab within the notch of the tub trim constrains movement of the tub trim in a first direction and in a second direction different from the first direction relative to the surface of the main collar body (41 is considered to be constrained by 35 in the x-, y-, and z-directions to at least some degree); the collar further comprising: a bridged snap protuberance protruding from the surface of the main collar body for attaching the tub trim thereto (29 or 30), wherein: the bridged snap protuberance constrains movement of the tub trim in a third direction different from the first and second directions (see 27, 28; paragraph 23).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kucuk et al. (US 2012/0153786) in view of Flowers (US 2003/0098634).
Regarding claims 2, and 13, Kucuk is relied upon as above, but does not expressly disclose wherein: the tub comprises a pair of opposing lateral sides; the collar comprises a first collar segment, a second collar segment, and a third collar segment, the first collar segment connected to the second collar segment and the third collar segment; the first collar segment extends laterally along a top side of the tub; the second collar segment extends vertically along a first one of the pair of lateral sides of the tub; and the third collar segment extends vertically along a second one of the pair of lateral sides of the tub. However, Kucuk does disclose that the washing compartment access opening is surrounded in a known manner by the front frame (paragraph 22).
Flowers discloses a dishwasher having a tub (12) with a top wall (16), and opposite side walls (18, 20), and is supported by a frame and support member (14) having a horizontal top rail (50) and vertical side rails (52L, 52R) preferably closely conforming to an outer profile of the tub (paragraph 22; Figures 1, 2, 4).
Because it is known in the art to provide the tub and frame as taught by Flowers, and the results of the modification would be predictable, namely, supporting a known tub with a known support frame, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein: the tub comprises a pair of opposing lateral sides; the collar comprises a first collar segment, a second collar segment, and a third collar segment, the first collar segment connected to the second collar segment and the third collar segment; the first collar segment extends laterally along a top side of the tub; the second collar segment extends vertically along a first one of the pair of lateral sides of the tub; and the third collar segment extends vertically along a second one of the pair of lateral sides of the tub.
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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