Ex Parte Balinski et al

Patent Trial and Appeal Board

Apr 25, 2018

13274518 (P.T.A.B. Apr. 25, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/274,518 10/17/2011
27238 7590 04/27/2018
WHIRLPOOL CORPORATION - MD 3601
2000 North M63
Benton Harbor, MI 49022
FIRST NAMED INVENTOR
STEVEN B. BALINSKI
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
SUB-01348-US-NP 9342
EXAMINER
BELL, SPENCER E
ART UNIT PAPER NUMBER
1711
NOTIFICATION DATE DELIVERY MODE
04/27/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
MAIL@DWPATENTLAW.COM
deborah_tomaszewski@whirlpool.com
mike_lafrenz@whirlpool.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte STEVEN B. BALINSKI and MARK S. FEDDEMA
Appeal2017-006589
Application 13/274,518
Technology Center 1700
Before ADRIENE LEPIANE HANLON, JENNIFER R. GUPTA, and
MERRELL C. CASHION, JR., Administrative Patent Judges.
GUPTA, Administrative Patent Judge.
DECISION ON APPEAL 1
Appellants2 appeal under 35 U.S.C. § 134(a) from the Examiner's
final decision rejecting claims 1, 5-12, 22, 23, and 25-27. 3 We have
jurisdiction under 35 U.S.C. § 6(b ). We reverse.
1 In this Decision, we refer to the Specification filed October 17, 2011
("Spec."), the Final Office Action dated August 3, 2016 ("Final Act."), the
Appeal Brief filed December 1, 2016 ("Appeal Br."), the Examiner's
Answer dated January 23, 2017 ("Ans."), and the Reply Brief filed March
16, 2017 ("Reply Br.").
2 Appellants identify the real party in interest as Whirlpool Corp. Appeal
Br. 3.
3 Claims 13-18 are withdrawn from consideration by the Examiner. Final
Act. 1.
Appeal2017-006589
Application 13/274,518
The subject matter of the claims on appeal relates to a dishwasher
having a filtration system. Spec. ,r 1. Claim 1, reproduced below from the
Claims Appendix with added emphasis to highlight key disputed limitations,
is illustrative of the claims on appeal.
1. A dishwasher having a filtration system comprising:
a tub defining a washing chamber;
at least one spray device mounted in the washing chamber;
a sump unit within the washing chamber including a recessed
main intake defined, at least in part, by a side wall and having a
recirculation intake port and a drain port;
an accumulator;
a drain check cover fluidly connected to the accumulator and
removably disposed in the recessed main intake wherein, with
the drain check cover disposed in the recessed main intake, the
drain check cover divides the recessed main intake into a fluid
recirculation chamber, to which the recirculation intake port is
exposed, and a fluid draining chamber, to which the drain port is
exposed, and, with the drain check cover not disposed in the
recessed main intake, the recessed main intake is not divided into
the fluid recirculation chamber and the fluid draining chamber,
and the recirculation intake port and the drain port are both
exposed to the recessed main intake; and
a recirculation pump connected to the recirculation intake
port and fluidly interposed between the sump unit and each of
the at least one spray device and the accumulator, wherein the
dishwasher is configured so that, during operation of the
dishwasher, the recirculation pump causes fluid to flow through
the at least one spray device whether or not the drain check cover
is disposed in the recessed main intake.
Appeal Br. 14 (Claims App.) (emphasis added).
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Appeal2017-006589
Application 13/274,518
DISCUSSION
The Examiner maintains the rejection of claims 1, 5-10, 22, 23, 25,
and 26 under pre-AIA 35 U.S.C. § I03(a) as unpatentable over Jozwiak et al.
(US 6,182,674 Bl, issued February 6, 2001) ("Jozwiak"). Final Act. 3-9.
The Examiner also maintains the rejection of claims 11, 12, and 27 under
pre-AIA 35 U.S.C. § I03(a) as unpatentable over Jozwiak in view of Dingler
et al. (US 2010/0037923 Al, published February18, 2010) ("Dingler"). Id.
at 9-10.
We focus our discussion on claim 1, which includes the argued
limitations. Claim 1 's dishwasher has a filtration system that includes an
accumulator and "a drain check cover fluidly connected to the accumulator
and removably disposed in a recessed main intake." Figure 5 of Appellants'
application, reproduced below, depicts the arrangement of these elements in
Appellants' filtration system.
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Appeal2017-006589
Application 13/274,518
FIG. 5
Figure 5 depicts an exploded view of the filtration system of
Appellants' dishwasher. As shown in Figure 5, the filtration system includes
accumulator 204 that attaches to drain check cover 210 via funnel
portion 211 of accumulator 204. Spec. ,r 19. When assembled drain check
cover 210 and funnel portion 211 extend through aperture 105' into recessed
main intake 73. Id.
Claim 1 further requires that "with the drain check cover disposed in
the recessed main intake, the drain check cover divides the recessed main
intake into a fluid recirculation chamber, to which the recirculation intake
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Appeal2017-006589
Application 13/274,518
port is exposed, and a fluid draining chamber, to which the drain port is
exposed." This arrangement is shown in Figure 7 of Appellants' application,
reproduced below.
213
250 267 248
FIG. 7
Figure 7 depicts a cross-sectional view of Appellants' filtration
system. As shown in Figure 7, drain check cover 210 is fluidly connected
funnel portion 211 of accumulator 204, while being disposed in and dividing
main intake 73 into an upper fluid recirculating chamber 254, in fluid
communication with recirculation pump 213, and a separate, bottom fluid
draining chamber 255, in communication with drain pump 230 through drain
port 256. Spec. ,r 23.
The Examiner finds, and Appellants do not dispute, that Jozwiak
teaches a dishwasher having all the limitations of claim 1 's filtration system
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Appeal2017-006589
Application 13/274,518
except for "a removable drain check cover and the function of the pump
causing fluid to flow through the spray device if the drain check cover is not
installed." Compare Final Act. 3--4 ( citing Jozwiak, Abstract, 9:51---65,
Figs. 1, 12, 15), with Appeal Br. 5-13. In particular, the Examiner finds that
Jozwiak's dishwasher has a filtration system that includes soil collector 270
( corresponding to claim 1 's accumulator), and cylindrical bounding wall
structure of inlet area 2 92 ( corresponding to claim 1 's drain check cover)
fluidly connected to soil collector 270 and disposed in member 225
( corresponding to claim 1 's recessed main intake). Final Act. 3. The
arrangement of these components is shown in Jozwiak's Figure 10,
reproduced below.
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Appeal2017-006589
Application 13/274,518
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