DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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 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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6 and 8-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleissner et al. (DE 10249671 A1; “Fleissner”).
Fleissner discloses:
Regarding claim 1:
A receptacle part (20) for a rotatable knob (outer cylindrical portion at reference number 42 in FIG. 7) of a household appliance (pg. 1, “household appliance”) having a control panel (2, 10; FIG. 8), the control panel comprising at least one aperture (12, 4; FIG. 4, 7) through which a rotational axis (40) extends (depicted in FIG. 4, 7), and through which a shaft (inner cylindrical portion of element 42 in FIG. 7) can be coupled to the rotatable knob (FIG. 7-8 reasonably depicts/discloses the knob and shaft being coupled together and extending through the aperture) , the receptacle part comprising:
a sleeve portion (26; FIG. 4) configured to partially enclose the rotatable knob (depicted in at least FIG. 8); and
a coupling portion (22) configured to removably mount the receptacle part to the control panel (pg. 2, “Recesses in the supporting wall are preferably offset by about 90 ° to the segment-like recesses for the collar segments, so that the pot-like housing with its protruding collar segments in a certain position in the opening the supporting wall is pushed vertically to the stop and then by approx. 90 ° can be twisted. In this position rotated by approximately 90 °, the grips Snap fingers into the second recesses and ensure that the Housing. By pushing the flexible locking fingers out of the second recesses the housing can be turned back until the collar segments are back with the corresponding recesses in the opening of the supporting wall are aligned. By Withdrawing the housing can be removed and removed from the bulkhead be solved. This type of fastening enables quick and easy installation a switch unit without the need for screw connections or the like.”);
wherein the coupling portion comprises a central opening (at 28; FIG. 3), and at least one holding element (24) configured to establish a form-fit coupling (between elements 24 and 16) to the control panel by rotational interlocking with a corresponding coupling section (16) of the control panel (pg. 3, “On the collar segments 22, a latching finger 24 is arranged in each case, the spring projects out of the collar segments 22. The latching fingers 24 are dimensioned such that they can engage in the second cutouts 16 as soon as the housing 20 has been rotated through 90 ° after being pushed into the opening 12.”).
Regarding claim 2:
The receptacle part according to claim 1, wherein the holding element comprises: a first segment (proximal portion of element 24; FIG. 2) protruding in an axial direction from the coupling portion (FIG. 3; pg. 3, “the locking fingers 24 projecting in the direction of the housing base are shown, which engage in the second cutouts 1”); and a second segment (middle portion of element 24; FIG. 2-3) having an unsupported end (distal/terminal end of element 24 in FIG. 2-3) and extending from the first segment in a circumferential direction (depic5ted in FIG. 2-3).
Regarding claim 3:
The receptacle part according to claim 2, wherein the second segment further comprises a third segment located at the unsupported end (the distal/terminal end of element 24), wherein the third segment extends toward the coupling portion in the axial direction (pg. 3, “the locking fingers 24 projecting in the direction of the housing base are shown, which engage in the second cutouts 1”).
Regarding claim 4:
The receptacle part according to claim 1, wherein the holding element is arranged around the central opening (depicted in FIG. 3)
Regarding claim 5:
The receptacle part according to claim 1, wherein the holding element is configured to apply an axially directed holding force when in a form-fit coupled state (pg. 3, “. In this view, the locking fingers 24 projecting in the direction of the housing base are shown, which engage in the second cutouts 16. The housing is therefore positioned exactly in the control panel 2”; FIG. 8; pg. 2, “By pushing the flexible locking fingers out of the second recesses the housing can be turned back until the collar segments are back with the corresponding recesses in the opening of the supporting wall are aligned” indicating axial holding force in engaged configuration).
Regarding claim 6:
The receptacle part according to claim 1, wherein the receptacle part has a cylindrical shape (depicted at 20 in FIG. 4; see MPEP § 2125).
Regarding claim 8:
The receptacle part according to claim 1, wherein the coupling portion comprises a maximum of two holding elements (FIG. 3 depicts only two holding elements 24).
Regarding claim 9:
A control panel (2, 10) for a household appliance (pg. 1 “household appliance”), the control panel comprising the aperture through which the rotational axis extends (depicted in FIG. 4, 8), wherein the aperture comprises a coupling section (16) configured to establish a form-fit coupling by rotational interlocking with a corresponding the coupling portion of the receptacle part according to claim 1 (pg. 2, “Recesses in the supporting wall are preferably offset by about 90 ° to the segment-like recesses for the collar segments, so that the pot-like housing with its protruding collar segments in a certain position in the opening the supporting wall is pushed vertically to the stop and then by approx. 90 ° can be twisted. In this position rotated by approximately 90 °, the grips Snap fingers into the second recesses and ensure that the Housing. By pushing the flexible locking fingers out of the second recesses the housing can be turned back until the collar segments are back with the corresponding recesses in the opening of the supporting wall are aligned. By Withdrawing the housing can be removed and removed from the bulkhead be solved. This type of fastening enables quick and easy installation a switch unit without the need for screw connections or the like”), and extending arranged circumferentially around the aperture (depicted in FIG. 1, 4).
Regarding claim 10:
The control panel of claim 9, wherein the coupling section of the control panel comprises: at least one opening (14) extending in a radial and circumferential direction (depicted in FIG. 1, 4), configured to receive the holding element of the coupling portion of the receptacle part; and at least one holding section (16) arranged adjacent to the at least one opening and extending circumferentially around the at least one opening (depicted in FIG. 1, 4).
Regarding claim 11:
The control panel according to claim 10, wherein the aperture and the at least one opening are spaced apart radially (FIG. 1, 4 depicts the opening 14 being radially outward from aperture 12).
Regarding claim 12:
The control panel according to claim 9, wherein the control panel comprises a maximum of two of the coupling sections (depicted in FIG. 2-3).
Regarding claim 13:
A household appliance, comprising: a receptacle part (20) according to claim 1; and a control panel (10, 2) comprising the aperture through which the rotational axis extends (40; FIG. 7), wherein the aperture comprises a coupling section (16) configured to establish a form-fit coupling by rotational interlocking with a corresponding the coupling portion of the receptacle part (“pg. 2, “Recesses in the supporting wall are preferably offset by about 90 ° to the segment-like recesses for the collar segments, so that the pot-like housing with its protruding collar segments in a certain position in the opening the supporting wall is pushed vertically to the stop and then by approx. 90 ° can be twisted. In this position rotated by approximately 90 °, the grips Snap fingers into the second recesses and ensure that the Housing. By pushing the flexible locking fingers out of the second recesses the housing can be turned back until the collar segments are back with the corresponding recesses in the opening of the supporting wall are aligned. By Withdrawing the housing can be removed and removed from the bulkhead be solved. This type of fastening enables quick and easy installation a switch unit without the need for screw connections or the like”), and extending arranged circumferentially around the aperture (depicted in FIG. 1, 4); wherein the receptacle part and the control panel are coupled to one another in a form-fit manner (pg. 2-3), and have a contact surface at an outer side of the control panel (depicted in at least FIG. 8; pg. 4).
Regarding claim 14:
The household appliance according to claim 13, wherein the holding element of the receptacle part applies a holding force onto a back side of the control panel when in a form-fit coupled state (pg. 3, “In this view, the locking fingers 24 projecting in the direction of the housing base are shown, which engage in the second cutouts 16. The housing is therefore positioned exactly in the control panel 2”; FIG. 8; pg. 2, “By pushing the flexible locking fingers out of the second recesses the housing can be turned back until the collar segments are back with the corresponding recesses in the opening of the supporting wall are aligned” indicating axial holding force in engaged configuration).
Regarding claim 15:
A method for mounting the receptacle part according to claim 1 to a control panel (2, 10) of a control assembly, the control panel comprising the aperture through which the rotational axis extends, wherein the aperture comprises a coupling section configured to establish a form-fit coupling by rotational interlocking with a corresponding the coupling portion of the receptacle part, and extending arranged circumferentially around the aperture, the method comprising: inserting the holding element of the receptacle part into an opening of the control panel, wherein the receptacle part and the control panel form a contact surface and rotating the receptacle part around the rotational axis in a locking direction (pg. 4, “The housing 20 is inserted through the opening 12 of the supporting wall, the collar segments 22 and the cutouts 14 being aligned with one another. After the edge 28 of the housing 20 bears against the control panel 2 , the centering ring 30 being able to engage in the annular groove 6 of the same diameter, the housing 20can be rotated about its central axis 40 . In the view shown, the housing 20 must be turned clockwise. The collar segments 22slide between the support wall 10 and the control panel 2 until the locking fingers 24 snap into the second cutouts 16 in the support wall 10 and prevent further rotation of the housing 20 .”).
Claim Rejections - 35 USC § 103
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleissner.
Regarding claim 7, Fleissner teaches the receptacle part according to claim 1, see above, but does not expressly disclose that the receptacle part comprises a zinc-based alloy.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that providing a receptacle part e.g. for a home appliance comprising a zinc-based alloy e.g. providing the part as a galvanized part for corrosion resistance is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Fleissner’s receptacle part such that it comprises a zinc-based alloy e.g. providing the part as a galvanized part for corrosion resistance as such combination of elements are instantly and unquestionably well-known and common knowledge in the art. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Fleissner’s receptacle part such that it comprises a zinc-based alloy e.g. providing the part as a galvanized part for corrosion resistance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656
