Prosecution Insights
Last updated: May 29, 2026
Application No. 17/227,038

PARTICULATES DETECTION IN A COOKING INSTRUMENT

Non-Final OA §103
Filed
Apr 09, 2021
Priority
Oct 10, 2018 — continuation of 10/502,430 +1 more
Examiner
THONG, YEONG JUEN
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Brava Home Inc.
OA Round
4 (Non-Final)
48%
Grant Probability
Moderate
4-5
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
73 granted / 151 resolved
-21.7% vs TC avg
Strong +51% interview lift
Without
With
+51.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
23 currently pending
Career history
197
Total Applications
across all art units

Statute-Specific Performance

§103
89.0%
+49.0% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 151 resolved cases

Office Action

§103
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 . Response to Argument Applicant's arguments filed November 4th 2025 have been fully considered but they are not persuasive as the following reasons: The applicants argue: “…Bach describes humidity measurements used to determine whether food is "properly cooking," which is a qualitative and high-level observation, not a discrete identification of cooking stages. Bach lacks any disclosure of using particulate characteristics such as particle type, concentration, or size to identify transitions between specific cooking stages (e.g., searing, browning, crisping)…”, Remark Page 1. The examiner's response: The applicant's arguments above are not persuasive. It is noted that the features upon which applicant relies are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitation from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, there is no actual citing of the limitation of “cooking stages” is “…searing, browning, crisping …”. It merely cited a general term of “cooking stages”, Such term interpretation is clearly very board and already clarified at the claim interpretation section. The applicants argue: “…Further, even if Bach were interpreted to suggest any form of particulate-based cooking analysis, Bach's disclosure is not enabling. Bach provides no teaching as to how humidity measurements could be correlated to a particular "stage" in a progression of the cooking process, nor how a humidity reading could be used to dynamically adjust the heating process in real time. The mere statement that humidity "can be useful to determine whether food is properly cooking"(Q 33) is conclusory and unsupported by any description of algorithmic, calibration, or feedback control techniques…”, Remark Page 1. The examiner's response: The applicant's arguments above are not persuasive. It is noted that the features upon which applicant relies are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitation from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, there is no actual citing of the limitation of “…algorithmic, calibration, or feedback control techniques…”, it merely citing “…a cooking stage of the food based at least on the characteristics of the particles, wherein the cooking stage corresponds to a state in a progression of the cooking process; and controlling, by the controller, a heating process dynamically in response to the cooking stage of the food …”, such limitation is clearly boarder than what applicant is arguing, “…the controlling…. A heating process dynamically…” can also merely mean as turning on and off continuously depend on the reading on “humidity or temperature reading from the water vapor”. It is suggested that to further amend and clarify the argued terms and limitations into the rejected claims to restriction the interpretation and overcome the rejection in the office action. Claims Status: Claims 2-5, 7, 9, 12-15 and 17, 19, 22-23 and 25-30 are pending. Claims 1, 6, 8, 10-11, 16, 18, 20-21 and 24 are cancelled. Claims 2-5, 7, 9, 12-15 and 17, 19, 22-23 and 25-30 are examined as follow: Claim Interpretation Applicant is encouraged to read and understand some of the important interpretation the Examiner listed below: Regarding: The term “…a cooking stage…”, Examiner would interpret such limitation as any specific moment or period of time in between the beginning to the completion of the cooking process. The term “…a progression of the cooking process…”, Examiner would interpret such limitation as any changes during the beginning to the completion of the cooking process, including temperature, humidity, time, colors or any other reasonable boardiest interpretation. The term “…particles…”, Examiner would interpret such limitation as any particles, including water vapor and droplets (observable or detectable which include humidity), solid particles (smoke and/or ashes particles), aroma (smell and chemical), even the air flow itself, or any other reasonable boardiest interpretation. The term “…characteristics of the particles…”, Examiner would interpret such limitation as any sensor readable/detectable information related to particles (depend on what “particles” is interpreted into, but as long as any sensor readable/detectable would read on such limitation), which include temperature and/or humidity reading of the particles. The term “…a thermal state…”, Examiner would interpret such limitation as any detectable/readable information that related to heating any target, therefore the interpretation of temperature and humidity of the particles reading would also read on such limitation since such reading also has certain relationship with the heating of any target. Examiner note: The terms of “cooking stage”, “a progression of the cooking process”, “a thermal state” cited in claims 2, 4-5, 12, 14-15 and 25 can be interchangeable and at least partially overlapping or lay within the interpretation of each other. Even reading through the specification, the terms like “stages”, “progression” and “thermal state” are all cross referencing each other, especially when involve temperature and/or humidity. Without further clarification in the claims of what the different between those terms, the claim scope is extremely board and opening for wide interpretation. Therefore, the above interpretation and the rejection below are all well within the reasonable boardiest interpretation of each term. Such that, a controller that have a setpoint for sensor reading to control the heating element and a cooking process of different temperature would read on such limitation. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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. Claims 2-5, 12-15, 22-23 and 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Bach et al (US2013/0308678A1 previously cited from IDS) herein set forth as Bach, in view of GB2165370A (previously cited) herein set forth as GB5370A. Regarding claim 2, Bach discloses a method (refer to fig.6) and comprising: detecting, by a sensor (#152, #154, #116, fig.6) positioned within a cooking chamber (#122, fig.6) of a heating system (#130 and #132, fig.6), particles (refer as water vapor, also refer to the claim interpretation above) given off by food under heat, wherein the particles (refer as water vapor or air flow, also refer to the claim interpretation above) are detected in air (refer to “C” annotated in fig.6) passing toward an air exhaust (#108 and #142, fig.6) in the cooking chamber (#122, fig.6) flowing over the sensor (#152, #154, #116, fig.6); Identifying, by a controller (refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”)of the heating system (#130 and #132, fig.6), characteristics (refer as humidity or temperature reading from the water vapor) of the particles (refer as water vapor, also refer to the claim interpretation above) throughout a cooking process (refer to the whole cooking of the fig.6) of the food. determining, by the controller (refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”) a cooking stage of the food (refer to Paragraph 0033 cited: “…the measurement of humidity provided by second humidity sensor 154 can be used to determine the humidity inside oven chamber 105. Information regarding the humidity in chamber 105 can be useful during cooking operations to determine, e.g., the whether food is properly cooking…”) based on a sensor (#152, #154, #116, fig.6) reading of at least on the characteristics (refer as humidity and temperature reading from the water vapor) of the particles (refer as water vapor, also refer to the claim interpretation above), refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”), a heating process (refer as the controller controlling the heating element) dynamically in response to the cooking stage (refer to Paragraph 0033 cited above) of the food to#152, #154, #116, fig.6) reading. PNG media_image1.png 549 673 media_image1.png Greyscale Bach does not specifically discloses wherein the cooking stage corresponds to a state in a progression of the cooking process; and controlling, a heating process dynamically in response to the cooking stage of the food. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage corresponds to a state in a progression of the cooking process (refer to the graph in fig. 4, as progression through different operation); and controlling, a heating process (refer to the “heater output” in fig.4) dynamically in response (refer to the changes in “heater output” in fig 4) to the cooking stage (refer to “operation” in fig.4) of the food. PNG media_image2.png 474 662 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 3, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach further discloses limiting velocity of the air (refer to “C” annotated in fig.6) passing toward the air exhaust (#108 and #142, fig.6) using a flow control structure (#128, fig.6) within the cooking chamber (#122, fig.6). Regarding claim 4, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach does not discloses wherein determining the cooking stage of the food includes determining a thermal state of the food in the cooking chamber, wherein controlling the heating process dynamically includes controlling the heating process dynamically in response to the cooking stage of the food and the thermal state of the food. In the field of control circuit for cooking apparatus, GB5370A discloses wherein determining the cooking stage (refer to “operation” in fig.4) of the food includes determining a thermal state (in line with the claim interpretation above, refer to the different temperature reading in the graph) of the food in the cooking chamber (Examiner note: the temperature reading is also a related thermal state of every object and structure in the cooking chamber), wherein controlling the heating process (refer to the “heater output” in fig.4) dynamically includes controlling the heating process (refer to the “heater output” in fig.4) dynamically in response (refer to the changes in “heater output” in fig 4) to the cooking stage (refer to “operation” in fig.4) of the food and the thermal state (refer to the different temperature reading in the graph) of the food. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes and the thermal state of the food, such that would improve the performance and marketability of Bach’s invention. Regarding claim 5, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach further discloses a cooking platform (#133, fig.6) to support a target food in the cooking chamber (#126, fig.6). Bach does not disclose determining, by the controller, a thermal state of a cooking platform supporting the food within the cooking chamber, wherein controlling the heating process dynamically in response to the cooking stage of the food and the thermal state of the cooking platform. In the field of control circuit for cooking apparatus, GB5370A discloses determining, by the controller, a thermal state (refer to the different temperature reading in the graph) of a cooking platform supporting the food within the cooking chamber (Examiner note: the temperature reading is also a related thermal state of every object and structure in the cooking chamber), wherein controlling the heating process (refer to the “heater output” in fig.4) dynamically in response to the cooking stage (refer to “operation” in fig.4) of the food and the thermal state (refer to the different temperature reading in the graph) of the cooking platform (Examiner note: in line the 112b assumption above, the temperature reading is also a related thermal state of every object and structure in the cooking chamber). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes and the thermal state of the food, such that would improve the performance and marketability of Bach’s invention. Regarding claim 12, Bach discloses a cooking instrument (#100, fig.6) comprising: a heating system (refer to all element inside the #122, fig.6); a cooking chamber (#122, fig.6) with an air exhaust (#108 and #142, fig.6) within the heating system (refer to all element inside the #122, fig.6); a sensor (#152, #154, #116, fig.6) positioned within the cooking chamber (#122, fig.6) such that air (refer to “C” annotated in fig.6) passing toward the air exhaust (#108 and #142, fig.6) flows over the sensor (#152, #154, #116, fig.6), wherein the sensor (#152, #154, fig.6) is adapted to detect particles (refer as water vapor, also refer to the claim interpretation above) given off by food under heat; and a controller (refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”) configured to: identify characteristics (refer as humidity or temperature reading from the water vapor) of the particles (refer as water vapor, also refer to the claim interpretation above) throughout a cooking process (refer to the whole cooking of the fig.6) of the food; determining, a cooking stage of the food (refer to Paragraph 0033 cited: “…the measurement of humidity provided by second humidity sensor 154 can be used to determine the humidity inside oven chamber 105. Information regarding the humidity in chamber 105 can be useful during cooking operations to determine, e.g., the whether food is properly cooking…”) based at least on the characteristics (refer as humidity or temperature reading from the water vapor) of the particles (refer as water vapor, also refer to the claim interpretation above), refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”), a heating process (refer as the controller controlling the heating element) dynamically in response (refer to Paragraph 0033 cited above) corresponds to a state (refer as the set point of the sensor reading) in a progression (refer as the humidity and temperature increased or reduced compare to the set point) of the cooking process (refer to the whole cooking of the fig.6)#152, #154, #116, fig.6) reading; and control a heating process (refer as the control of the heating element) dynamically in response to the cooking stage of the food (refer to Paragraph 0033 cited above). PNG media_image1.png 549 673 media_image1.png Greyscale Bach does not specifically discloses wherein the cooking stage corresponds to a state in a progression of the cooking process; and controlling, a heating process dynamically in response to the cooking stage of the food. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage corresponds to a state in a progression of the cooking process (refer to the graph in fig. 4, as progression through different operation); and controlling, a heating process (refer to the “heater output” in fig.4) dynamically in response (refer to the changes in “heater output” in fig 4) to the cooking stage (refer to “operation” in fig.4) of the food. PNG media_image2.png 474 662 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 13, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach further discloses a flow control structure (#128, fig.6) within the cooking chamber configured to limit a velocity of the air (refer to “C” annotated in fig.6) passing toward the air exhaust (#108 and #142, fig.6). Regarding claim 14, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach does not discloses wherein determining the cooking stage of the food includes determining a thermal state of the food in the cooking chamber, wherein controlling the heating process dynamically includes controlling the heating process dynamically in response to the cooking stage of the food and the thermal state of the food. In the field of control circuit for cooking apparatus, GB5370A discloses wherein determining the cooking stage (refer to “operation” in fig.4) of the food includes determining a thermal state (in line with the claim interpretation above, refer to the different temperature reading in the graph) of the food in the cooking chamber (Examiner note: the temperature reading is also a related thermal state of every object and structure in the cooking chamber), wherein controlling the heating process (refer to the “heater output” in fig.4) dynamically includes controlling the heating process (refer to the “heater output” in fig.4) dynamically in response (refer to the changes in “heater output” in fig 4) to the cooking stage (refer to “operation” in fig.4) of the food and the thermal state (refer to the different temperature reading in the graph) of the food. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes and the thermal state of the food, such that would improve the performance and marketability of Bach’s invention. Regarding claim 15, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach further discloses a cooking platform (#133, fig.6) to support a target food in the cooking chamber (#126, fig.6). Bach does not disclose determining, by the controller, a thermal state of a cooking platform supporting the food within the cooking chamber, wherein controlling the heating process dynamically in response to the cooking stage of the food and the thermal state of the cooking platform. In the field of control circuit for cooking apparatus, GB5370A discloses determining, by the controller, a thermal state (refer to the different temperature reading in the graph) of a cooking platform supporting the food within the cooking chamber (Examiner note: the temperature reading is also a related thermal state of every object and structure in the cooking chamber), wherein controlling the heating process (refer to the “heater output” in fig.4) dynamically in response to the cooking stage (refer to “operation” in fig.4) of the food and the thermal state (refer to the different temperature reading in the graph) of the cooking platform (Examiner note: in line the 112b assumption above, the temperature reading is also a related thermal state of every object and structure in the cooking chamber). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes and the thermal state of the food, such that would improve the performance and marketability of Bach’s invention. Regarding claim 22, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach further discloses wherein the characteristics (refer as humidity reading from the water vapor, also refer to the claim interpretation above) of the particles (refer as water vapor, also refer to the claim interpretation above) includes at least one of a quantity of particles (refer as quantity of humidity reading). Regarding claim 23, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach further discloses detecting non-vaporous particles that are given off by food under heat for controlling the heat process (refer to Paragraph 0034 cited: “…Although temperature and/or humidity sensors are used for the exemplary embodiments shown in the figures, other types of sensors could be used instead or in addition thereto. These sensors can be of a variety of types, designed to measure a quantity or characteristic of the air, such as e.g. humidity, density, chemical composition, pH, a chemical compound sensor (e.g. VOCs, alcohols, keytones, oxygen, propane, methane, etc.), aroma/scent, smoke, dust, grease/oil droplets, and others as well…”, Examiner note: “smoke, dust, grease/oil droplet” are non-vaporous) Regarding claim 25, Bach discloses a cooking instrument comprising: Bach discloses a cooking instrument (#100, fig.6) comprising: a heating system (refer to all element inside the #122, fig.6); a cooking chamber (#122, fig.6) with an air exhaust (#108 and #142, fig.6) within the heating system (refer to all element inside the #122, fig.6); a sensor (#152, #154, #116, fig.6) positioned within the cooking chamber (#122, fig.6) such that air (refer to “C” annotated in fig.6) passing toward the air exhaust (#108 and #142, fig.6) flows over the sensor (#152, #154, #116, fig.6), wherein the sensor (#152, #154, fig.6) is adapted to detect particles (refer as water vapor, also refer to the claim interpretation above) given off by food under heat; and a controller (refer to Paragraph 0017 cited: “…Operation of oven appliance 100 can be regulated by a controller (not shown) that is operatively coupled i.e., in communication with, user interface panel 102, heating element 130, and other components of oven 100 as will be further described…”) configured to: identify at least a quantity (refer as humidity) and a type of the particles (refer as water vapor) throughout a cooking process of the food; determining, a cooking stage of the food (refer to Paragraph 0033 cited: “…the measurement of humidity provided by second humidity sensor 154 can be used to determine the humidity inside oven chamber 105. Information regarding the humidity in chamber 105 can be useful during cooking operations to determine, e.g., the whether food is properly cooking…”) based of at least a quantity (refer as humidity and sensor (#152, #154, #116, fig.6) reading) and a type of the particles (refer as water vapor), controlling a heating process (refer as the controller controlling the heating element) dynamically in response to the cooking stage of the food (refer to Paragraph 0033 cited above) to the sensor (#152, #154, #116, fig.6) reading. PNG media_image1.png 549 673 media_image1.png Greyscale Bach does not specifically discloses wherein the cooking stage corresponds to a state in a progression of the cooking process; and controlling, a heating process dynamically in response to the cooking stage of the food. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage corresponds to a state in a progression of the cooking process (refer to the graph in fig. 4, as progression through different operation); and controlling, a heating process (refer to the “heater output” in fig.4) dynamically in response (refer to the changes in “heater output” in fig 4) to the cooking stage (refer to “operation” in fig.4) of the food. PNG media_image2.png 474 662 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 26, the modification of Bach and GB5370A discloses substantially all features set forth in claim 25, Bach does not disclose wherein the cooking stage is one of a plurality of cooking stages, each corresponding to a different state in the progression of the cooking process. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage (refer to one of the “operation” in fig. 4) is one of a plurality of cooking stages (refer to the plurality of operation in fig. 4), each corresponding to a different state (refer to the in the progression of the cooking process (refer to the different section of graph in fig.4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 27, the modification of Bach and GB5370A discloses substantially all features set forth in claim 25, Bach further discloses the controller is configured to identify at least the quantity and the type of the particles by differentiating among a plurality of types of particles (refer to Paragraph 0034 cited: “…Although temperature and/or humidity sensors are used for the exemplary embodiments shown in the figures, other types of sensors could be used instead or in addition thereto. These sensors can be of a variety of types, designed to measure a quantity or characteristic of the air, such as e.g. humidity, density, chemical composition, pH, a chemical compound sensor (e.g. VOCs, alcohols, keytones, oxygen, propane, methane, etc.), aroma/scent, smoke, dust, grease/oil droplets, and others as well…”). Regarding claim 28, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach does not disclose wherein the cooking stage is one of a plurality of cooking stages, each corresponding to a different state in the progression of the cooking process. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage (refer to one of the “operation” in fig. 4) is one of a plurality of cooking stages (refer to the plurality of operation in fig. 4), each corresponding to a different state (refer to the in the progression of the cooking process (refer to the different section of graph in fig.4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 29, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach does not disclose wherein the cooking stage is one of a plurality of cooking stages, each corresponding to a different state in the progression of the cooking process. In the field of control circuit for cooking apparatus, GB5370A discloses wherein the cooking stage (refer to one of the “operation” in fig. 4) is one of a plurality of cooking stages (refer to the plurality of operation in fig. 4), each corresponding to a different state (refer to the in the progression of the cooking process (refer to the different section of graph in fig.4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with the control circuit of GB5370A, in order to provide the control of the heating process to suit different operation without manually adjusting and/or monitoring the cooking stage of the cooking processes, such that would improve the performance and marketability of Bach’s invention. Regarding claim 30, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach further discloses the controller is configured to identify at least the quantity and the type of the particles by differentiating among a plurality of types of particles (refer to Paragraph 0034 cited: “…Although temperature and/or humidity sensors are used for the exemplary embodiments shown in the figures, other types of sensors could be used instead or in addition thereto. These sensors can be of a variety of types, designed to measure a quantity or characteristic of the air, such as e.g. humidity, density, chemical composition, pH, a chemical compound sensor (e.g. VOCs, alcohols, keytones, oxygen, propane, methane, etc.), aroma/scent, smoke, dust, grease/oil droplets, and others as well…”). Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bach et al (US20130308678A1 previously cited from IDS) herein set forth as Bach, in view of GB2165370A (previously cited) herein set forth as GB5370A, and further in view of Cheng (US2017/0074522A1 previously cited from IDS) herein set forth as Cheng4522. Regarding claim 7, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, the modification of Bach and GB5370A already discloses in the rejection of claim 2 above, wherein executing and controlling the heating process dynamically includes executing and controlling the heating process dynamically in response to the cooking stage of the food and the monitored sensor. The modification of Bach and GB5370A does not explicitly disclose analyzing an image captured by a camera. In the field of oven and oven operation, Cheng4522 discloses determining, by the controller, a stage of the heating process by at least analyzing an image captured by a camera (refer to Abstract cited: “…the heating elements are controlled by a computing device in the cooking appliance. In some embodiments, the output of the camera is used to adjust heating pattern of the heating elements…”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bach’s method with determining, by the controller, a stage of the heating process by at least analyzing an image captured by a camera, as taught by Cheng4522, in order to provide the capability for automation and consistent production of complex meals with precision, speed, and lack of unnecessary human intervention (refer to 0004 cited: “…Several embodiments describe a cooking appliance (e.g., an enclosed cooking chamber or otherwise) having one or more heating elements controlled by a computing device (e.g., a computer processing unit (CPU), a controller, application specific integrated circuit (ASIC), or any combination thereof). The computing device can control the peak emission wavelength and/or the spectral power distribution of the heating elements. For example, each heating element can include one or more filament assembly, one or more drivers that receives commands from a computing device and adjust the power, peak wavelength, and/or spectral power distribution of waves emitted from the filament assembly, a containment vessel, or any combination thereof. The computing device can control the filament assemblies (e.g., individually or as a whole) by controlling the electric signals driving these filament assemblies. For example, the computing device can change driving power, average electrical current level, driving signal pattern, driving signal frequency, or any combination thereof by targeting different material in a cooking chamber of the cooking appliance to heat. For example, the peak wavelength of waves emitted by a filament assembly can coincide with excitable wavelength of meat, water, a glass tray in the cooking appliance, interior chamber wall of the cooking appliance, containment vessels (e.g., envelope) of the filament assemblies, or any combination thereof. The computing device can implement an interactive user interface to control the cooking appliance. For example, the interactive user interface can be implemented on a touchscreen of the cooking appliance or a mobile device connected to the computing device of the cooking appliance. Each cooking recipe can include one or more heat adjustment algorithms …”). Regarding claim 17, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, the modification of Bach and GB5370A already discloses in the rejection of claim 12 above, wherein executing and controlling the heating process dynamically includes executing and controlling the heating process dynamically in response to the cooking stage of the food and the monitored sensor. The modification of Bach and GB5370A does not explicitly disclose analyzing an image captured by a camera. In the field of oven and oven operation, Cheng4522 discloses a camera, wherein the controller is configured to determine a stage of the heating process by at least analyzing an image captured by the camera (refer to Abstract cited: “…the heating elements are controlled by a computing device in the cooking appliance. In some embodiments, the output of the camera is used to adjust heating pattern of the heating elements…”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bach’s invention with a camera, wherein the controller is configured to determine a stage of the heating process by at least analyzing an image captured by the camera, as taught by Cheng4522, in order to provide the capability for automation and consistent production of complex meals with precision, speed, and lack of unnecessary human intervention (refer to 0004 cited: “…Several embodiments describe a cooking appliance (e.g., an enclosed cooking chamber or otherwise) having one or more heating elements controlled by a computing device (e.g., a computer processing unit (CPU), a controller, application specific integrated circuit (ASIC), or any combination thereof). The computing device can control the peak emission wavelength and/or the spectral power distribution of the heating elements. For example, each heating element can include one or more filament assembly, one or more drivers that receives commands from a computing device and adjust the power, peak wavelength, and/or spectral power distribution of waves emitted from the filament assembly, a containment vessel, or any combination thereof. The computing device can control the filament assemblies (e.g., individually or as a whole) by controlling the electric signals driving these filament assemblies. For example, the computing device can change driving power, average electrical current level, driving signal pattern, driving signal frequency, or any combination thereof by targeting different material in a cooking chamber of the cooking appliance to heat. For example, the peak wavelength of waves emitted by a filament assembly can coincide with excitable wavelength of meat, water, a glass tray in the cooking appliance, interior chamber wall of the cooking appliance, containment vessels (e.g., envelope) of the filament assemblies, or any combination thereof. The computing device can implement an interactive user interface to control the cooking appliance. For example, the interactive user interface can be implemented on a touchscreen of the cooking appliance or a mobile device connected to the computing device of the cooking appliance. Each cooking recipe can include one or more heat adjustment algorithms …”). Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bach et al (US20130308678A1 previously cited from IDS) herein set forth as Bach, in view of GB2165370A (previously cited) herein set forth as GB5370A, and further in view of Cheng (US2018/0202667A1 previously cited from IDS) herein set forth as Cheng2667. Regarding claim 9, the modification of Bach and GB5370A discloses substantially all features set forth in claim 2, Bach does not explicitly disclose computing, by the controller, an average particle size in the air based on sensor data from the sensor and a known air speed stored in a memory. In the field of dynamic heat for configurable oven, Cheng2667 discloses computing, by the controller (refer as “computing device 206” in Paragraph 0050 cited: “…Estimates to the particle size can be made in several ways. In some embodiments, the computing device 206 can time the length of a reflected pulse (e.g., time between activating at least one of the light sources 242 and time when the image sensor system 222 receives the light pulse), assuming all particles are traveling at the same speed. In some embodiments, the computing device 206 can use multiple wavelengths from the light sources 242 to assess the size of the particle. If the particle were substantially smaller than the wavelength of the illuminating light, the particle will be invisible to a corresponding light detector/light sensor. Specifically, to detect submicron particles, the computing device 206 can utilize a blue LED or a blue laser as one of the light sources 242. Such a submicron particle would not be visible to an infrared LED or infrared laser …”), an average particle size (refer as “estimated particle size” in Paragraph 0050 cited above) in the air based on sensor data from the sensor and a known air speed (refer to “the same speed” in Paragraph 0050 cited above) stored in a memory (refer to Paragraph 0089 cited: “…The tangible storage memory may be volatile or non-volatile memory. In some embodiments, the volatile memory may be considered “non-transitory” in the sense that it is not a transitory signal. Memory space and storages described in the figures can be implemented with the tangible storage memory as well, including volatile or non-volatile memory. …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bach’s method with computing, by the controller, an average particle size in the air based on sensor data from the sensor and a known air speed stored in a memory, as taught by Cheng2667, in order to provide the capability of automation, consistent production of complex meals with precision, speed and lack of unnecessary human intervention (refer to Paragraph 0003 cited: “…The art of cooking remains an “art” at least partially because of the food industry's inability to help cooks to produce systematically award worthy dishes. To make a full course meal, a cook often has to use multiple cooking instruments, understand the heating patterns of the cooking instruments, and make dynamic decisions throughout the entire cooking process based on the cook's observation of the target food's progression (e.g., transformation due to cooking/heating). Because of this, while some low-end meals can be microwaved (e.g., microwavable meals) or quickly produced (e.g., instant noodles), traditionally, truly complex meals (e.g., steak, kebabs, sophisticated dessert, etc.) cannot be produced systematically using conventional cooking instruments automatically. The industry has yet been able to create an intelligent cooking instrument capable of automatically and consistently producing complex meals with precision, speed, and lack of unnecessary human intervention. …”). Regarding claim 19, the modification of Bach and GB5370A discloses substantially all features set forth in claim 12, Bach does not explicitly disclose a memory storing a known air speed, wherein the controller is configured to compute average particle size in the air based on sensor data from the sensor and the known air speed. In the field of dynamic heat for configurable oven, Cheng2667 discloses a memory (refer to Paragraph 0089 cited: “…The tangible storage memory may be volatile or non-volatile memory. In some embodiments, the volatile memory may be considered “non-transitory” in the sense that it is not a transitory signal. Memory space and storages described in the figures can be implemented with the tangible storage memory as well, including volatile or non-volatile memory. …”) storing a known air speed (refer to “the same speed” in Paragraph 0050 cited above), wherein the controller (refer as “computing device 206” in Paragraph 0050 cited: “…Estimates to the particle size can be made in several ways. In some embodiments, the computing device 206 can time the length of a reflected pulse (e.g., time between activating at least one of the light sources 242 and time when the image sensor system 222 receives the light pulse), assuming all particles are traveling at the same speed. In some embodiments, the computing device 206 can use multiple wavelengths from the light sources 242 to assess the size of the particle. If the particle were substantially smaller than the wavelength of the illuminating light, the particle will be invisible to a corresponding light detector/light sensor. Specifically, to detect submicron particles, the computing device 206 can utilize a blue LED or a blue laser as one of the light sources 242. Such a submicron particle would not be visible to an infrared LED or infrared laser …”) is configured to compute average particle size (refer as “estimated particle size” in Paragraph 0050 cited above) in the air based on sensor data from the sensor and the known air speed (refer to “the same speed” in Paragraph 0050 cited above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bach’s invention with a memory storing a known air speed, wherein the controller is configured to compute average particle size in the air based on sensor data from the sensor and the known air speed, as taught by Cheng2667, in order to provide the capability of automation, consistent production of complex meals with precision, speed and lack of unnecessary human intervention (refer to Paragraph 0003 cited: “…The art of cooking remains an “art” at least partially because of the food industry's inability to help cooks to produce systematically award worthy dishes. To make a full course meal, a cook often has to use multiple cooking instruments, understand the heating patterns of the cooking instruments, and make dynamic decisions throughout the entire cooking process based on the cook's observation of the target food's progression (e.g., transformation due to cooking/heating). Because of this, while some low-end meals can be microwaved (e.g., microwavable meals) or quickly produced (e.g., instant noodles), traditionally, truly complex meals (e.g., steak, kebabs, sophisticated dessert, etc.) cannot be produced systematically using conventional cooking instruments automatically. The industry has yet been able to create an intelligent cooking instrument capable of automatically and consistently producing complex meals with precision, speed, and lack of unnecessary human intervention. …”). Conclusion THIS ACTION IS MADE FINAL. 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 YEONG JUEN THONG whose telephone number is (571)272-6930. The examiner can normally be reached Monday - Friday. 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, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YEONG JUEN THONG/Examiner, Art Unit 3761 December 13th 2025 /HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Show 6 earlier events
Jan 29, 2025
Final Rejection mailed — §103
Apr 29, 2025
Response after Non-Final Action
Jun 27, 2025
Request for Continued Examination
Jun 30, 2025
Response after Non-Final Action
Aug 05, 2025
Non-Final Rejection mailed — §103
Nov 04, 2025
Response Filed
Dec 23, 2025
Final Rejection mailed — §103
Mar 23, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641681
FAULT DETECTION DEVICE, LOAD DRIVING DEVICE, FAULT DETECTION METHOD AND STORAGE MEDIUM
4y 5m to grant Granted May 26, 2026
Patent 12616210
FOOD FORMING METHOD AND FORMING MECHANISM
3y 9m to grant Granted May 05, 2026
Patent 12550231
CERAMIC STRUCTURE AND METHOD MANUFACTURING CERAMIC STRUCTURE
4y 9m to grant Granted Feb 10, 2026
Patent 12484633
INHALATION DEVICE CONTROLLER
4y 8m to grant Granted Dec 02, 2025
Patent 12484587
Waffle Cone Forming Apparatus
4y 3m to grant Granted Dec 02, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

4-5
Expected OA Rounds
48%
Grant Probability
99%
With Interview (+51.4%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 151 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month