Ex Parte Jerg et al

Patent Trials and Appeals Board

Mar 8, 2019

13390948 - (D) (P.T.A.B. Mar. 8, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/390,948 02/17/2012
46726 7590 03/12/2019
BSH Home Appliances Corporation
100 Bosch Boulevard
NEW BERN, NC 28562
FIRST NAMED INVENTOR
HelmutJerg
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.
2009P01634WOUS 4268
EXAMINER
LEE, DOUGLAS
ART UNIT PAPER NUMBER
1714
NOTIFICATION DATE DELIVERY MODE
03/12/2019 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):
MBX-NBN-IntelProp@bshg.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE
THE PATENT TRIAL AND APPEAL BOARD
Ex parte HELMUT JERG, 1
Michael Georg Rosenbauer, and Franz-Josef Wagner
Appeal2017-011446
Application 13/390,948
Technology Center 1700
Before MARK NAGUMO, JEFFREY B. ROBERTSON, and
GEORGIANNA W. BRADEN, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
DECISION ON APPEAL
Helmut Jerg, Michael Georg Rosenbauer, and Franz-Josef Wagner
("Jerg") timely appeal under 35 U.S.C. § 134(a) from the Final Rejection2 of
all pending claims 17-19, 21-27, 29, 30, and 33-38. We have jurisdiction.
35 U.S.C. § 6. We reverse.
1 The real party in interest is identified as BSH Hausgerate GmbH. (Appeal
Brief, filed 1 May 2017 ("Br."), 2.)
2 Office Action mailed 25 January 2017 ("Final Rejection"; cited as "FR").
Appeal 2017-011446
Application 13/390,948
A. Introduction 3
OPINION
The subject matter on appeal relates to a dishwasher said to offer
"a preheating option in which energy efficiency is improved."
(Spec. 1 [0004].) More particularly, this goal is said to be accomplished by
preheating the wash fluid and pumping it into an insulated reservoir for
temporary storage before the washing cycle is started. (Id. at [0005],
[0035].) In a preferred embodiment, during the preheating cycle, the
warming wash fluid is circulated only in the lower portion of the washing
chamber, so "[t]he washing space of the dishwasher's washing container will
hence remain substantially dry during the preheating cycle and during the
waiting condition thereafter." (Id. at 4 [0014].)
An embodiment of the dishwasher is illustrated in Figure 1, which is
reproduced on the following page. Dishwasher 14 comprises washing
chamber 6, with, e.g., upper and lower baskets 7 and 8, respectively, for
crockery, upper and lower rotatable spraying arms 17 and 18, respectively,
for spraying wash fluid S, and thermally insulated [22] reservoir 19, for pre-
heated wash fluid. The input of circulating pump 14 is connected to
collecting pot 13 at the bottom of washing chamber 6. The output of
pump 14 is connected via heater 15 to water divider 16. (Id. at 11-
3 Application 13/390,948, Dishwasher comprising a reservoir and
associated preheating method, filed 17 February 2012 as the national stage
under 35 U.S.C. § 371 of PCT/EP2010/062244, which was filed 23 August
2010. We refer to the "'948 Specification," which we cite as "Spec."
4 Throughout this Opinion, for clarity, labels to elements are presented in
bold font, regardless of their presentation in the original document.
2
Appeal 2017-011446
Application 13/390,948
15 [0043]-[0055].) The flow of water depends on the cycle (e.g., preheating
cycle VHZ or washing cycle SG), and is controlled by control device 2.
{Figure 1 is shown below}
RW
3 ~ 1 7 6 "--~
1" ~91 s-y (gjll
11
2 ....._.,.,..,._4
I rf=(s
{
5 17
'- "-, 23 8
~
22
T' ,-S
·'i" ..... { r--- 10 s~··"
19
Fig, 1 24 14 15 16 20
{Figure 1 shows a diagram of dish washing machine 1}
The time sequence of operational flow of preheating cycle VHZ and
washing cycle SG are illustrated in Figure 2, shown on the next page.
In preheating cycle VHZ, raw water RW is introduced in filling
phase FP via feed device 11 (Fig. 2, Zll = 1) to washing chamber 6, where
wash fluid S forms and collects in pot 13. When the appropriate amount of
wash fluid S has been collected, feed device 11 is closed (Zll = 0). In
heating phase HP, cleaning fluid Sis pumped by pump 14 at slow speed 1
(Z14 = 1) through heater 15 (Z15 = 1), and directed by water divider 16 only
3
Appeal 2017-011446
Application 13/390,948
to lower rotor 18 (Z16 = 1 ). Notably, slow pumping speed 1 is less than
"normal" pumping speed 2, and the wash fluid Sis not sprayed vigorously.
Reservoir 19 is isolated by valve 20 (Z20 = 0) and controllable
outlet 21 (Z21 = 0). When wash fluid S reaches the desired temperature,
pump phase PP begins. Heater 15 is turned off (Z15 = 0), pump 14 is
operated at "normal" speed 2 (Z14 = 2), and water divider 16 directs the hot
wash fluid to thermally insulated reservoir 19 (Z20 = 1, Z21 = 0).
(Id. at 17-19 [0061]-[0067].)
{Figure 2 is shown below}
SG
2
UZL.
. : Z16 t :
: J ~ ' 1 . ' ' :
0- ' ..
. ' '
.. Jl ___ n.....__~ __ ____.___...
Fig. 2
{Figure 2 shows states ZXX of components XX during
preheating cycle VHS and wash cycle SG}
Wash cycle SG begins with cleaning phase RG, with the release of
wash fluid S from reservoir 19 via outlet 21 (Fig. 2, Z20 = 0, Z21 = 1 ).
Wash fluid Sis pumped by pump 14 at "normal" pump level 2 (Z14 = 2)
4
t
Appeal 2017-011446
Application 13/390,948
and circulated by water divider 16 to lower rotor 18 (Z16 = 1) and upper
rotor 17 (Z16 = 2). Similar pumping occurs in rinse phase KG. Wash
cycle SG concludes with drying phase TG.
Claim 17 is representative and reads:
A dishwasher [1 J, comprising:
a washing chamber [6J to contain washing fluid [SJ;
a reservoir [19J, the reservoir being thermally
insulated [22J and separate from the washing chamber,
for storing washing fluid;
a control device [2J configured to call up
(1) at least one dishwashing program, the
dishwashing program being configured to control a
washing cycle [SGJ for washing items to be washed
in a washing chamber, and
(2) at least one preheating program for controlling a
preheating cycle [VHZJ for preheating washing
fluid for a washing cycle,
the control device being configured to allow the at
least one dishwashing program and the at least one
preheating program to be called up separately from
each other; and
a circulating pump [14J having an input side connected
the washing chamber [6J, wherein:
the preheating cycle [VHZJ comprises
a heating phase during which washing fluid [SJ is
circulated by said circulating pump and the
circulated washing fluid is heated;
said preheating cycle includes
a pumping phase downstream of the heating phase,
the pumping phase comprising
previously circulated and heated washing fluid
being pumped from the washing chamber [ 6J into
the reservoir [19J;
5
Appeal 2017-011446
Application 13/390,948
the circulating pump [14] is in fluid communication
with the reservoir [19] for pumping washing fluid into
the reservoir via a valve [20] during the pumping
phase of the preheating cycle,
the control device [2] is further configured to
operate the circulating pump [14] at a
speed [Z14 = 2] which is increased during the
pumping phase [PP] of the preheating cycle
compared with the heating phase [HP, Zl 4 = 1]
in order to speed up filling of the reservoir [19],
the control device is further configured to
close the valve [20] on condition that the
reservoir [19] is filled; and
the control device is further configured to
direct the washing fluid [SJ to circulate via at least
one spraying element [18] located in a lower region
of the washing chamber [ 6] during the
preheating cycle [VHZ],
the spraying element [18] being arranged and
configured to direct washing fluid [SJ towards items to
be washed during the wash cycle [SG].
(Claims App., Br. 16-17; some formatting, emphasis, and bracketed labels
to elements shown in Figure 1 and to cycles, phases, and states shown in
Figure 2 added.)
Remaining independent claim 34 covers a method for operating a
similar dishwasher. Notably, claim 34 includes the limitation that "the
circulating pump [14] operates at a speed which is increased [Z14 = 2]
during the pumping phase of the preheating cycle compared with the heating
phase [Z14 = 1] in order to speed up filling of the separate reservoir."
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Appeal 2017-011446
Application 13/390,948
The Examiner maintains the following grounds of rejection 5, 6:
A. Claims 17-19, 21-25, 29, 30, 33, and 38 stand rejected under
35 U.S.C. § I03(a) in view of the combined teachings of
Bertazzoni7, Eiermann8, McKee 9, Delle 10, and Yura. 11
Al. Claims 26 and 27 stand rejected under 35 U.S.C. § I03(a) in
view of the combined teachings of Bertazzoni, Biermann,
McKee, Delle, Yura, and Yanagihara. 12
A2. Claims 34--37 stand rejected under 35 U.S.C. § I03(a) in
view of the combined teachings of Bertazzoni, Delle,
Biermann, and Yura.
5 Examiner's Answer mailed 30 August 2017 ("Ans.").
6 Because this application was filed before 16 March 2013, the effective
date of the America Invents Act, we refer to the pre-AIA version of the
statute.
7 Roberto Bertazzoni, Dishwasher provided with a preheating cycle,
EP 1 004 266 Al (2000).
8 Rudiger Biermann, DE 3021746 Al (1981), EPO machine translation,
used without objection.
9 Philip R. McKee, Residential dishwasher, U.S. Patent Application
Publication 2004/0149321 Al (2004).
10 Daniel Delle et al., DE 10 2007 041 308 Al (2009); Daniel Delle et al.,
Dishwasher, U.S. Patent Application Publication 2011/0155179 Al
(30 June 2011, based on PCT/EP/2008/060976, is used, without objection,
as a translation.
11 Masaki Yura et al., Dish washing machine, JP 11-267085 (1999);
EPO machine translation, used without objection.
12 Masanobu Yanagihara, Dishwasher, U.S. Patent No. 5,241,975 (1993).
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Appeal 2017-011446
Application 13/390,948
B. Discussion
The Board's findings of fact throughout this Opinion are supported by
a preponderance of the evidence of record.
Jerg contends (Br. 10, last para.) that the Examiner erred harmfully in
finding that Yura teaches, in paragraph [0023], "to operate a circulating
pump at a reduced speed during a heating phase" (FR 5, ,r 9). Consequently,
in Jerg's view, the Examiner erred harmfully in concluding that "[i]t would
have been obvious ... to modify the control device in order to operate the
circulating pump at a reduced speed during the heating phases compared
with the pumping phases as disclosed by Yura in order to control the load of
the dishwasher" (id., citing Yura paragraph [0012]).
Yura, paragraph [0023] (emphasis added) reads:
In the present invention, in particular, lower the pressurizing
pressure capability and its load wash pump in the washing
step, by increasing the heating capacity of the heater driving
simultaneously auxiliary heater and the main heater, heating
in a short time washing water and it is, by the action of the
injection and the detergent and heat of the washing nozzle, it
is possible to obtain a predetermined cleaning performance
and drying performance. Of course, if necessary or type of
dirt, when increased pressure pressure [sic] capability of the
washing pump is one that can be heated only by the auxiliary
heater. Furthermore, the use of small auxiliary heater of this
output in the drying step, yet while energizing the
substantially continuous, with the warm air at a suitable
temperature, in which efficiently cleaning object can be dried.
The difficulty with the Examiner's findings of fact regarding Yura is,
as Jerg puts it, that Yura "discloses that the pressure capacity of the pump 3
is lowered at a time when the heating capacity of the heater 6 is heightened,
so that the wash water can be heated in a short time and so that the overall
8
Appeal 2017-011446
Application 13/390,948
power load is again reduced." (Br. 11, 1st full para.; see Yura,
paragraph [0026], Fig. 1.) In other words, Jerg explains, Yura "is directed to
the washing cycle and solving the problem of an electric power overload
during the washing cycle if the pump and heater are operated simultaneously
at high capacity." (Id. at sentence bridging 11-12.)
Yura describes the operation of the control unit in the following
words: "the control unit increases the pressure pressure [sic] capability of the
washing pump by the rotation speed switching means, to reduce the heating
capacity of the heater, the control means controls the load of the entire
equipment below approximately constant value it is intended to." (Yura
paragraph [0012].) This passage confirms Jerg's interpretation.
Thus, J erg's conclusion, that there would not have been an adequate
reason to modify the teachings of the other references to meet the limitation
of a higher pumping speed to fill a reservoir than during the preheating
phase, when the water is simply circulated through a heater, is well-
supported by the preponderance of the evidence of record.
Put another way, the Examiner has not shown that the problem solved
by Yura, i.e., keeping the total power within system limits, would have been
sufficiently relevant to the problems confronting the dishwashers disclosed
by the other references, to prompt the modifications based on Yura proposed
by the Examiner. In a demonstration of obviousness, motivation must be
shown to arise out of the prior art, not from the applicant's own disclosure.
Accordingly, we reverse the appealed rejection.
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Appeal 2017-011446
Application 13/390,948
C. Order
It is ORDERED that the rejection of claims 17-19, 21-27, 29, 30,
and 33-38 is reversed.
REVERSED
10