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 § 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.
Claim(s) 1-14, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cordill et al. (US 9,101,258 B2) in view of Amaral et al. (WO 2007048544 A1).
Regarding claim 1, Cordill et al. (hereafter “D1”) discloses a dishwasher rack (dish holder 62) within a dish washing appliance (10) comprising a door (84) positionable between a closed position and an open position relative to a dishwasher tub (col. 5, lines 15-33); wherein the rack includes a front side and a top edge and a bottom edge positioned on the front side of the rack (figure 2). D1 discloses an outer door (90) connected to the inner door (84) by a selectable magnetic connection (at magnetic latches 96) whereby the outer door movement can cause inner door to open (col. 6, lines 1-15). D1 does not teach the inner door (84) connected with a front upper portion of the dish rack by magnetic means.
Amaral et al. (hereafter “D2”) discloses a dish washing appliance ([0017]) comprising: a dishwasher tub (at/around compartment 2) having a front opening (6): a door (7) positionable between an open position and a closed position relative to the dishwasher tub ([0018]; a rack (3) engaging the dishwasher tub ([0017]), wherein the rack is positionable between a stowed position in the dishwasher tub and one or more deployed positions different from the slowed position (figure 1); and wherein the door magnetically actuates the rack away from the stowed position to at least one deployed position of the one or more deployed positions (magnet 11 of door engages ferromagnetic element 10 of rack 3 -[0019-0020]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify D1 to add a magnet to a member anywhere along the upper rack portion in order to cause automatic extension of the rack with the inner door opening as suggested in D2, as already motivated in D1 having a magnetic door to door connection.
As modified the claimed steps of claim 1 would be performed in providing and operating of the device of D1 in view of D2.
Regarding claim 2, D1 as modified discloses wherein when the dishwasher rack is in the deployed position, a portion of the dishwasher rack is positioned through a front opening of the dishwasher tub away from the dishwasher tub (as modified the door 84 opening would pull dishwasher rack out through the front opening).
Regarding claim 3, D1 as modified discloses magnetically disengaging the door from the top edge of the front side of the dishwasher rack when in the deployed position (inherently the door opening to the position of figure 2 of D1 would be disengaged from the rack).
Regarding claim 4, D1 as modified discloses deploying the dishwasher rack further from the stowed position when the dishwasher rack is magnetically disengaged from the door or stowing the dishwasher rack towards the stowed position when the dishwasher rack is magnetically disengaged from the door (D1 discloses manually moving dishrack in and out).
Regarding claim 5, D1 as modified discloses includes a magnet (added to dishrack per claim 1) engaging a magnetic member (door 84 discloses as metal), wherein the magnetic member includes a metal member.
Regarding claim 6, D1 as modified discloses magnetically engaging when the door (84) is in at least the closed position and the dishwasher rack is at least in the stowed position (when dishrack is stowed and door is closed the magnetic connection would engage in D1 as modified by D2).
Regarding claim 7, D1 as modified discloses engaging the door to the top edge of the front side of the dishwasher rack after engaging the bottom edge of the front side of the dishwasher rack to the door when closing the door from the open position to the closed position (if dishrack is not fully stowed door 84 would first engage bottom of dishrack when closing the door).
Regarding claims 8-14, 16-20, see the discussions in regards to claims 1-7 above.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not disclose or suggest any combination meeting the limitations of claim 15. Specifically, D1 in view of D2 does not teach at least the claimed magnet on the door and teaches away from such a modification as the door is to be formed of metal to interact with magnetic members on an outer door, and the prior art documents of record do not suggest a modification to meet these limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631
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