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
Newly submitted claims 31-32 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The previously-presented claims and the new claims are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed (1) can have a materially different design, mode of operation, function, or effect (opening and closing a cabinet element using a sensor vs. projecting a specific patterned display on a countertop, basin, and/or faucet); (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 31-32 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
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) 1-9, 21, and 23-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 2001-0103909 A (Hwang) in view of US 2020/0256044 A1 (Kim) and US 2022/0160126 A1 (Yang).
With respect to claim 1: Hwang discloses a cabinet comprising: a countertop (panel 6) having a front edge and a rear edge (Fig. 2); a basin (one of the bowls 10) having an opening (upper opening) surrounded by the countertop (Fig. 2); and a storage area (the container 10 corresponding to the one of the bowls 10) positioned between the faucet and the rear edge of the countertop (Fig. 2).
Hwang does not disclose “a faucet positioned between the basin opening and the rear edge of the countertop” as claimed. Hwang’s container 7 does not meet “positioned between the faucet and the rear edge of the countertop” as claimed.
The translation of Hwang teaches bowl 10 is used for washing dishes with wash water. The drain hole 12 of the bowl 10 is connected to a drain pipe (not shown) that drains to the sewer. The containers 7 may hold kitchen utensils, detergent for cleaning, sponges, cleaning cloths, brushes, etc.
Kim discloses a faucet 220 behind the reservoir (“basin” as claimed) of a wash basin 200.The faucet 220 supplies water of desired temperature and amount (Kim [0166], [0170]).
See Hwang Fig. 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hwang’s panel 6 to have Kim’s faucet 220 between each of the bowls 10 and the containers 7, in order to supply dish washing water for bowls 10 according to Hwang’s disclosure.
Hwang does not disclose “a command receiving sensor; a controller; a drawer; and a drawer drive device, wherein an output of the command receiving sensor is communicatively connected to an input of the controller, wherein the drawer drive device is communicatively connected to the controller, wherein the controller is configured to: receive a command from the command receiving sensor; and transmit a control signal to the drawer drive causing the drawer to open or close and wherein the command includes at least one of a user's distance from the sensor, a user's position, a motion of the user towards or away from the sensor, or a task being performed by the user” as claimed.
Hwang Fig. 1 shows a cabinet body with a panel 1 that is analogous to the panel 6 of Hwang Fig. 2. The translation of Hwang states that reference number (4) is “drawers”. Hwang’s translation further teaches that reservoirs 9 can store garbage, and the lid 21 prevents odors from escaping. Hwang’s translation mentions “the garbage can cleanup around the sink”.
Kim shows it is known in the art to have a cabinet body 100 include a countertop, basin, faucet, and drawers.
Yang discloses automatically opening and closing waste receptacles 120 relative to a cabinet 101 using one or more sensors 111, one or more user-communication devices 109, and a controller. Yang [0065]-[0066] discloses the system 100 includes a drive system attached to the base 108, and which receives a command or signal for opening or closing the receptacle 120.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hwang’s panel 6 to be attached to the top of Yang’s cabinet 101, in order to provide user-friendly storage means (the drawers) and/or trash means (the waste receptacles) below the sink 5 of Hwang. This predictably provides an apparatus similar to the cabinet in Hwang Fig. 1, but with the additional benefit of drawers/trash receptacles that automatically open and close.
This meets, as claimed, a command receiving sensor (Yang’s sensor(s) 111); a controller (“an electronic processor or controller in the waste-receiving system” @ Yang [0046]); a drawer (Yang’s door 103/105, receptacle 120, etc.); and a drawer drive device (Yang’s “drive system”), wherein an output of the command receiving sensor is communicatively connected to an input of the controller (at least Yang [0045]-[0053]), wherein the drawer drive device is communicatively connected to the controller (at least Yang [0045]-[0053]), wherein the controller is configured to: receive a command from the command receiving sensor (at least Yang [0045]-[0053]); and transmit a control signal to the drawer drive causing the drawer to open or close (at least Yang [0045]-[0053]) and wherein the command includes at least one of a user's distance from the sensor (Yang [0053] discloses sensors detecting a user at distinct first and second distances), a user's position (Yang [0048] discloses sensors 111 detecting a user being present, near, and/or moving toward or in the direction of system 100), a motion of the user towards or away from the sensor (Yang [0048] discloses sensors 111 detecting a user being present, near, and/or moving toward or in the direction of system 100), or a task being performed by the user (Yang [0048] discloses the system 100 can, if desired, require a user to wave, swipe, push a button, or otherwise move in any additional or other way to actuate the system 100).
With respect to claim 2: Hwang, as modified, meets wherein the storage area comprises a portion recessed from a top surface of the countertop (Hwang Figs. 2-3).
With respect to claim 3: Hwang, as modified, meets wherein the storage area comprises a draining soap holder (Hwang Fig. 3: shelf 22 and/or pedestal 23).
With respect to claim 4: Hwang, as modified, meets wherein the storage area comprises a brush holder portion (Hwang Fig. 3: a brush can be held in the left or right container 7) having a bottom recessed from a top surface of the countertop (Fig. 3).
With respect to claim 5: Hwang, as modified, meets a drainage area (the other bowl 10 and/or the other container 7) adjacent to the basin.
With respect to claim 6: Hwang, as modified, meets a storage cabinet (Yang’s cabinet 101); wherein the controller controls opening and closing of the storage cabinet according to a signal from the command receiving sensor (at least Yang [0045]-[0053]).
With respect to claim 7: Hwang, as modified, meets wherein the command receiving sensor detects a wave or a gesture (Yang [0048]: “the one or more sensors 11 need not (but can if desired) be configured to require the user to wave, swipe, push a button, or otherwise move in any additional or other way to actuate the waste-receiving system 100 to move from the closed to the open position and/or to move from the open position to the closed position”).
With respect to claim 8: Hwang, as modified, meets wherein the command receiving sensor includes a microphone configure to detect voice (Yang [0046] discloses user-communications devices 109 comprising a microphone; Yang [0064] discloses microphone 512).
With respect to claim 9: Hwang, as modified, meets wherein the command receiving sensor receives commands from a mobile application (Yang [0053] discloses controlling movement of the waste-receiving system 100 via an app on a mobile phone, tablet, or laptop).
With respect to claim 21: By making the same combinations and modifications as in the rejections above, Hwang in view of Kim and Yang meets a cabinet comprising: a countertop (Hwang’s modified panel 6) having a front edge and a rear edge (Hwang Fig. 2); a basin (one of Hwang’s bowls 10) having an opening surrounded by the countertop (Hwang Fig. 2); a faucet (Kim’s faucet 220, as added to Hwang’s panel 6) positioned between the basin opening and the rear edge of the countertop; a storage area (the container 7 corresponding to the one of Hwang’s bowls 10) positioned between the faucet and the rear edge of the countertop; a storage cabinet (Yang’s cabinet 101, as combined with Hwang’s panel 6) having a cabinet door (“movable outer cover or door 103” @ Yang [0045] and/or “other outer doors 105” @ Yang [0045]); a command receiving sensor (the one or more user-communication devices 109 and/or the one or more sensors 111 of Yang); a controller (“controller” in at least Yang [0046]-[0048]); and a storage cabinet drive device (the “drive system” in at least Yang [0065]-[0066]); wherein an output of the command receiving sensor is communicatively connected to an input of the controller (at least Yang [0045]-[0053]), wherein the storage cabinet drive device is communicatively connected to the controller (at least Yang [0045]-[0053]), wherein the controller is configured to: receive a command from the command receiving sensor (at least Yang [0045]-[0053]); and, transmit a control signal to the storage cabinet drive device causing the cabinet door to open or close (at least Yang [0045]-[0053] – door 103 opens and closes with receptacle 120), and wherein the command includes at least one of a user's distance from the sensor (Yang [0053] discloses sensors detecting a user at distinct first and second distances), a user's position (Yang [0048] discloses sensors 111 detecting a user being present, near, and/or moving toward or in the direction of system 100), a motion of the user towards or away from the sensor (Yang [0048] discloses sensors 111 detecting a user being present, near, and/or moving toward or in the direction of system 100), or a task being performed by the user (Yang [0048] discloses the system 100 can, if desired, require a user to wave, swipe, push a button, or otherwise move in any additional or other way to actuate the system 100).
With respect to claim 23: Hwang, as modified, meets wherein the storage area comprises a portion recessed from a top surface of the countertop (Hwang Figs. 2-3).
With respect to claim 24: Hwang, as modified, meets wherein the storage area comprises a draining soap holder (Hwang Fig. 3: shelf 22 and/or pedestal 23).
With respect to claim 25: Hwang, as modified, meets wherein the storage area comprises a brush holder portion (Hwang Fig. 3: a brush can be held in the left or right container 7) having a bottom recessed from a top surface of the countertop (Fig. 3).
With respect to claim 26: Hwang, as modified, meets a drainage area (the other bowl 10 and/or the other container 7) adjacent to the basin.
With respect to claim 27: Hwang, as modified, meets wherein the command receiving sensor detects a wave or a gesture (Yang [0048]: “the one or more sensors 11 need not (but can if desired) be configured to require the user to wave, swipe, push a button, or otherwise move in any additional or other way to actuate the waste-receiving system 100 to move from the closed to the open position and/or to move from the open position to the closed position”).
With respect to claim 28: Hwang, as modified, meets wherein the command receiving sensor includes a microphone configured to detect voice (Yang [0046] discloses user-communications devices 109 comprising a microphone; Yang [0064] discloses microphone 512).
With respect to claim 29: Hwang, as modified, meets wherein the command receiving sensor receives commands from a mobile application (Yang [0053] discloses controlling movement of the waste-receiving system 100 via an app on a mobile phone, tablet, or laptop).
With respect to claim 30: In Yang Fig. 1A, only one door 103 of a waste-receiving system 100 is shown. The other outer doors 105 are for storage means which do not have the motorized drive system and waste receptacles 120.
Kim shows a cabinet body 100 including multiple openable drawer structures – drawer type towel management unit 300, drawer type console 400, and longitudinal drawer module 500.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Yang’s cabinet 101 to have a sensor 111, drive system, and drawer combined with one of the other outer doors 105, in order to provide the convenience of automatic opening and closing to another storage area or means of the cabinet 101.
This meets a drawer (at the other outer door 105); and a drawer drive device (equivalent to the “drive system” for waste receptacle 120), wherein the drawer drive device is communicatively connected to the controller (at least Yang [0045]-[0053]), and wherein the controller is configured to: receive a command from the command receiving sensor (at least Yang [0045]-[0053]); and transmit a control signal to the drawer drive device causing the drawer to open or close (at least Yang [0045]-[0053]).
Response to Arguments
The claim objections made in the previous Office action are withdrawn, as being overcome by the latest claim amendments.
The Applicant’s remarks to the rejections under 35 U.S.C. § 102 made in the previous Office action are moot, as those rejections are not present in this Office action.
The Applicant’s remarks related to the rejections under 35 U.S.C. § 103 are not persuasive. The Applicant appears to allege that Yang’s waste receptacle and electric drive means do not meet the claimed drawer and drawer drive device. The examiner respectfully disagrees. Yang’s receptacle, door 103, and drive means meets a drawer and drawer drive device as claimed.
The Applicant further alleges that Yang does not disclose the command signal including a task being performed by the user. The examiner respectfully disagrees. Yang [0048] discloses the system 100 can, if desired, require a user to wave, swipe, push a button, or otherwise move in any additional or other way to actuate the system 100.
Further, the claimed command includes the “task” as one of multiple potential commands. The claimed “task” is not required by the claim as written.
The remarks related to claim 21 are not persuasive at least for similar reasons as the remarks related to claim 1. The Applicant alleges that Yang lacks a door. However, element 103 of Yang is explicitly disclosed as a door.
The remarks related to claims 31-32 are moot, because those claims are withdrawn from consideration.
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 ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637
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