DETAILED ACTION
This office action is responsive to the amendment filed on 03/20/26. As directed by the amendment: claim 1 has been amended; and no claims have been cancelled nor added. Thus, claims 1-20 are presently pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are as detailed hereafter:
“an order system”: “the order system writes the order ID on to an RFID associated with the food package. The order ID can be multiple portions, one portion indicative of the order and another portion indicative of the specific food product of that order. Alternatively, the RFID tag of the food product in which the food product will be placed once initially cooked can be brought in proximity of the order system so that the RFID tag can be interrogated and the unique ID number can be associated with the order in the order system. Further, the restaurant or merchant can have a record of each order, and as the food products are cooked and packaged that element of the order can be associated to a corresponding pick-up or delivery. One embodiment of an order system 102 is an electronic system that can collect and track customer pick-up and/or delivery food orders. The depicted embodiment of the order system 102 includes a controller 128 and memory 132. The order system 102 can be a generally conventional order system and therefore will not be described in detail. Suffice it to say, the order system 102 can be configured to accept customer orders via an electronic application from a customer device, such as via interface 140 of remote device 106, or via manual input from personnel at the point of sale that receive a food order from a customer, for example by voice over the phone and input via interface 101. The order system 102 can collect various order information from customers that can be utilized to prepare and fulfill the customers' food orders.”, para. [0038].
“an initial cooking system”: “The initial heating system 105 is configured to initially cook the food product. For example, the initial heating system 105 can be a conventional oven or other heating appliance that is used to cook food products in the pick-up and delivery service industries. In one embodiment, the initial heating system 105 is a pizza oven or grill. The initial heating system 105 can be a smart appliance that can communicate with other components of the intelligent heating system 100. For example, the initial heating system 105 may receive order information from the order system 102, which can be used to adjust heating characteristics, timing, and to assist with order identification. In addition, the initial heating system 105 may receive location information from the location system, such as routing information related to delivery orders or tracking information related to pick-up orders. Alternatively, the initial heating system 105 may not have any smart capabilities and may merely be utilized to provide an initial cook to the food. Once the food is cooked to the desired doneness, the food can be removed from the initial heating system 105 and placed in food packaging 108 and placed in the finishing heating system 110. In one embodiment, the initial heating system 105 is configured to partially cook food products so that the cooking process can be completed in the finishing heating system 110. By partially cooking a food product and finishing it with the finishing system 110, the intelligent heating system 100 can provide food products that are cooked just-in-time—that is, because the system knows when the customer will be receiving the food (either by pick-up or delivery) the cooking time can be adjusted so that the cooking process finishes near that time. For example, the initial heating system 105 can be configured to partially cook food to about 80% done so that the finishing system 110 can complete the cooking process based on the delivery or pick-up schedule to provide on demand cooked food. That is, the intelligent heating system 100 can provide an indication for a worker to remove the food product from the initial heating system 105 and then move it to the finishing heating system 110 before the cooking process is complete so that the warming/heating experiences provided during the finishing heating system 110 complete the cooking process over time instead of re-heating or maintaining temperature, which can degrade the flavor and freshness of the food. In embodiments where the initial heating system 105 has smart capabilities, the intelligent heating system 100 may instruct the initial heating system 105 to automatically to turn off or otherwise control the initial heating system 105. The initial heating system 105 can be configured to handle different food products differently. For example, one food product may be better suited to be cooked to about 80% done in the initial heating system 105 while a different food product may be better suited to be cooked to about 70% doneness in the initial heating system 105. In addition, the amount of time and operational parameters of the initial heating system 105 can be set or adjusted based on the location information provided by the location system 103. “, para. [0056]-[0057].
“a communication system”: “a communication system 216. The system can have WiFi or cellular service for retail or delivery options. For example, the communication system 216 can include WiFi and/or Bluetooth Low Energy (BTLE) modules to communicate to/from the finishing system 200. The BTLE can provide an interface for the driver or service person providing notifications as the pick-up or delivery is about to happen or if any issues have occurred. The communication system 216 can also include a cellular communication module that enables cellular communication. The communication system 216 can be the communication system 107 that handles communication for the entire intelligent heating system 100, or a separate communication system that handles communication only for the finishing heating system 110. The communication system 216 can be utilized to communicate over the Internet or a local network. For example, the communication system 216 can enable communication with an order system 202 that includes customer location information and estimated time of arrival information. The communication system 216 can also enable communication with a tracking system 206, such as a customer order tracking application that can provide real-time location information. Communication with these systems can supplement or replace interaction with other systems such as the location system 103 and the order system 100. The cloud interface can enable route linkage, the ability to verify delivery status and provide point of sale linkage and sales information. The communication system 216 can also enable communication with an order system such that food packages can be verified and food orders can be connected for the service or delivery personnel.”, para. [0064].
“a finishing heating system”: “the finishing system can include a plurality of compartments for placing different food products. The system can be configured as a cabinet or rack 600, for example as depicted in FIG. 6. Each compartment 602, bay, or slot of the cabinet can include a separate heating coil 223, RFID coil 221, temperature sensor 214, and smart driver with RFID reader 222. The heated package processor 218 can communicate with and control the smart driver with the RFID reader 222 and temperature sensor 214. The finishing heating system 200 can be integrated into a rack or cabinet that includes multiple compartments, such as inductive rack 600. Referring to FIG. 6, a representative illustration of one embodiment of an inductive rack 600 finishing heating system is illustrated. In one embodiment, the rack includes LED indicators 606 for providing intelligent lighting.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Garden et al. (US 2017/0290345) in view of Chan (US 20150019354).
With regard to Claim 1, Garden describes an intelligent heating system for heating food (abstract; para [0005], [0179]), the intelligent heating system comprising: an order system configured to receive an indication regarding a food order of a food item (para [0005], [0008], [0180]: processor-based system can dynamically generate, maintain, and update a dynamic order queue to sequence various orders for food items, and to control an assembly line and associated robots of the assembly line to assemble food items or food products per order); an initial cooking system configured to partially cook the food item (158a/158b; para [0005], [0008], [0070], [0179]; cl. 14; in response to received orders for food items, and one or more ovens operable to, for example, partially cook assembled food items; “one or more ovens 158 a, 158 b (two shown in FIG. 2A, collectively 158) to cook or partially cook food items”, para. [0112]); a communication system for receiving location information from a remote device (para [0192]: the location of each cooking unit or rack 199 or delivery vehicle 1072 (FIG. 10) may be monitored using geolocation information ... Such geolocation information may be determined using one or more global positioning technologies, for example the Global Positioning System (GPS) or similar); and a finishing heating system including an energy transfer system and a control system (para [0189], [0190]: conditions within each of the cooking units, e.g., ovens 197 (which can be placed in a rack 199) (FIGS. 1 and 2), are controlled en route to the consumer destination such that the food in the cooking unit is cooked shortly prior to or upon arrival at the consumer destination), wherein the control system is configured to selectively control the energy transfer system to finish cooking the partially cooked food item in response to the location information (para [0189], [0190], [0192]: conditions within each of the cooking units, e.g., ovens 197 (FIGS. 1 and 2), are controlled en route to the consumer destination such that the food in the cooking unit is cooked shortly prior to or upon arrival at the consumer destination ... The order dispatch and en route cooking control systems 108, the on-board processor-based routing module 1074a, 1074b (FIG. 10), and/or the on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination. The order dispatch and en route cooking control system(s) 108 and/or the on-board processorbased cooking module 1076 (FIG. 10) may use such information to control or otherwise adjust the cooking conditions in some or all of the cooking units, e.g., ovens 197). Garden further describes the intelligent heating system is configured to coordinate heating parameters of both the initial heating system [ovens 158a/158b (FIG. 2A)] and the finishing heating system [ovens 197 (which can be placed in a rack 199) (FIG. 2A)] based on the location information (“application programs 1032 may further include one or more machine executable instructions sets (i.e., cooking module 1032 c) capable of outputting cooking instructions to the cooking units, e.g., ovens 197 in a cargo compartment of each delivery vehicle 1072 a, 1072 b. Such cooking instructions can be determined by the central controller 1002 using any number of inputs including at least, the food type in a particular cooking unit or oven 197 and the available cooking time before each respective food item 202 is delivered to a consumer destination location, para. [0171]-[0172]; “The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.”, para. [0193]; “the temperatures of the ovens 158 a, 158 b and/or the speed of the cooking conveyors 160 a, 160 b may be controlled by one or more processor-based devices executing processor-executable code based on temperature, humidity, or other conditions fed back to the processor-based devices. In some implementations, the temperature of the ovens 158 a, 158 b and/or the speed of the cooking conveyors 160 a, 160 b may be controlled by the operator via one or more controls (e.g., a touch-screen control, one or more knobs, a remote RF control, a networked Web-based control, etc.). The ovens 158 a, 158 b may be programmed to have a tight hysteresis control that prevents the ovens 158 a, 158 b from deviating too much from a set temperature, which may further impact the speed of each of the cooking conveyors 160 a, 160 b. A processor-based device can adjust a speed of travel of the first transfer conveyor 162 a to accommodate for such differences in speed of the cooking conveyors 160 a, 160 b.”,k para. [0114]; “a processor-based device, for example an order assembly control systems 106 (FIG. 1), or alternatively an order front end server computer control system 104 (FIG. 1), determines or evaluates one or more other conditions for placing a food item order in the fulfillment queue in a different order than received (i.e., order queue). For example, the processor-based device may expedite certain orders, for instance orders based on delivery locations which are geographically proximate delivery locations for other food item orders. Thus, the processor-based device may expedite certain food orders to group based on efficiency of delivery. In executing such, the processor-based device may take into account an ability to timely delivery all grouped or bundled orders. For example, if there is a commitment to deliver a first order within a first total time (i.e., delivery time guarantee) from order receipt, the processor-based device may determine whether a second order with delivery location that is geographically proximate a delivery locations of the first order will interfere with meeting the delivery time guarantee for the first order and while also meeting the delivery time guarantee for the second order. For instance, the second order might delay the departure of the delivery vehicle by a first estimated amount of time (i.e., first time delay). For instance, the second order might increase the transit time of the delivery vehicle by an estimated amount of time (i.e., second time delay). Such increase transit time can be the result of varying a route or manifest of the delivery vehicle and/or based on an increase in traffic due to the delay in departure and/or change in route or manifest. The processor-based device determines whether the delays (e.g., first and second time delays) would prevent or likely prevent the first order from being delivered within the delivery time guarantee and/or prevent or likely prevent the second order from being delivered within the delivery time guarantee. The processor-based device can perform a similar comparison for all orders to be delivered by a given delivery vehicle in a given sort. Also for example, the processor-based device may, for instance expedite orders from highly valued customers, loyalty club members, replacement orders where there was a mis-delivery or mistake in an order, orders from customers willing to pay an expedited handling fee, or orders from celebrity customers or influential customers.”, para. [0218]) (emphasis added).
With regard to the limitation of the intelligent heating system is configured to coordinate heating parameters of both the initial heating system and the finishing heating system based on the location information, it is submitted that the heating parameters of both the initial and finishing heating systems are taught by the prior art as cited above. Notwithstanding the foregoing, it is respectfully submitted that with regard to the limitation of the heating parameters of both the initial and finishing heating systems being coordinated by the intelligent heating system, the initial and finishing heating systems would necessarily have to be coordinated in view of the above teachings related to expedited orders (portions emphasized via bolded text) as such orders would need to have preferential treatment for both the initial and finishing heating steps over earlier orders for which the expedited orders would move ahead of said later “expedited” order.
Garden does not appear to explicitly teach the limitation of the control system is configured to automatically control the energy transfer system to adjust energy transferred by the energy transfer system to a heating element included in a package including the food item to change a heating experience of the food item based on the location information; however, Chan from the same field of endeavor directed toward an automated cooking system that accepts remote orders teaches the aforementioned limitation: “Referring generally to the figures, various embodiments for an automated cooking system that accepts remote orders are shown and described. Automated cooking devices are food preparation machines can prepare food (e.g., drinks, pizzas, burgers, burritos, French fries, soups, ice cream, coffee, teas, sodas, etc.) according to a customer's specifications. These cooking devices include the ingredients, cooking components (e.g., burners, heating elements, warming/cooling compartments, etc.), packaging mechanisms, and everything necessary to prepare the ordered food and deliver it to a customer. A communications system and a processing circuit may be utilized with an automated cooking device to allow the cooking device to receive remote orders from customers and to control the order preparation process. For example, a customer may submit an order to the automated cooking device via a web interface, a mobile device, a cellular phone, etc. The processing circuit can process the remotely submitted order and schedule the preparation of the order such that the order is ready at a requested time. The processing circuit may also schedule the order while taking into consideration other orders, and may cause the order to be prepared such that it is cooked and maintained at a desired temperature/kept warm until delivery, or such that the order is prepared in a just-in-time basis. The processing circuit may also reschedule orders based on a variety of factors which will be discussed in further detail herein.” (emphasis added), para. [0018]; “Referring to FIG. 4, a schematic diagram of automated cooking system 400 is shown according to one embodiment. Automated cooking system 400 is depicted as a mobile cooking system that includes automated cooking device 402, which is integrated into food truck 408. Communications device 404 is the communications device of automated cooking device 402, and may be any of the communications devices as discussed herein. Processing circuit 406 is the processing circuit of automated cooking device 402. Automated cooking device 402 includes all components needed to prepare a food order. For example food truck 408 may be a pizza-delivery truck, and automated cooking device 402 may be configured to cook pizzas. As described above, automated cooking device 402 may be configured to schedule the preparation completion times of orders based on the current location of food truck 408. As food truck 408 changes location, automated cooking device 402 may schedule and reschedule orders to optimize output of automated cooking device 402 and to deliver orders to customers based on requested delivery times. In one embodiment, food truck 408 is configured to use communications device 404 to advertise its current location to customers. In another embodiment, food truck 408 is configured to use communications device 404 to notify customers when it is nearby. In another embodiment, food truck 408 is configured to use communications device 404 to notify customers of food that is available on the truck.” (emphasis added)(para. [0039]; “Referring to FIG. 11, a flow diagram of a process 1100 for automatically preparing a remote order is shown, according to one embodiment. In alternative embodiments, fewer, additional, and/or different actions may be performed. Also, the use of a flow diagram is not meant to be limiting with respect to the order of actions performed. A first remote order is received at an automated cooking device, where the first remote order includes a requested delivery time (1102). A preparation completion time of the first order of the order is scheduled based on its requested delivery time (1104). A second remote order is received at the automated cooking device, where the second remote order includes a requested delivery time (1106). A preparation completion time of the second order of the order is scheduled based on its requested delivery time (1108). The completion times of the orders are rescheduled (1110). For example, the completion times may be rescheduled in order optimize output of the cooking machine, based on an updated delivery time of an order, based on anticipated usage of the cooking device, based on transit times of the customers, based on the location of the automated cooking device, etc. The orders are prepared by the automated cooking device based on the rescheduled completion times or on rescheduled start times (i.e., in an optimized sequence, which may be different than the sequence in which the orders were received) (1112).” (emphasis added), para. [0046]..
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Garden reference, to include the control system is configured to automatically control the energy transfer system to adjust energy transferred by the energy transfer system to a heating element included in a package including the food item to change a heating experience of the food item based on the location information, as suggested and taught by Chan, for the purpose of providing a freshly prepared cooked item based upon the location of the cooked/cooking food product (Chan: para. [0018], [0039], [0046]).
With regard to claim 2, Garden teaches the intelligent heating system of claim 1 and wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience for each of the food orders based on the delivery route and the current location of the delivery vehicle (para [0190]: an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions; para [0192]: on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination; para [0204]: completing or finishing the cooking of the food item in the respective cooking unit based on an estimated time of arrival at the consumer destination location. Such cooking parameters may be determined at least in part by the cooking module 1076 (FIG. 10) based on estimated time of arrival information provided by the routing module 1074 (FIG. 10); para [0194]: while in transit to each of a number of consumer delivery locations, the cooking conditions within each of the cooking units are adjusted to complete the cooking process shortly before delivery of the food items 202 to the consumer – the Examiner is interpreting the teaching related to the adjustment to complete the cooking process shortly before delivery of the food items to the consumer as corresponding to the finishing heating experience with the cooking prior to that instance corresponding to the warming heating experience; para [0193]: The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.).
Although Garden teaches the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience for each of the food orders based on the delivery route and the current location of the delivery vehicle, Garden does not specifically teach wherein the communication system periodically receives location information from the remote device indicative of a current location of the customer, wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience to the partially cooked food item based on the location information from the remote device indicative of the current location of the customer. However, Chan teaches wherein the communication system periodically receives location information from the remote device indicative of a current location of the customer, wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system based on the location information from the remote device indicative of the current location of the customer (para [0031]: a customer's location may be updated and automatically or manually transmitted to the automated cooking system by the customer's device or an application on the device (e.g., mobile phone, tablet computer, GPS navigator, a scheduling application, web browser, etc.). Scheduling module 216 may receive the GPS coordinates in real time, or on a periodic basis, and estimate a transit time based on the coordinates as they are received. Scheduling module 216 may then determine if the delivery time needs to be updated based on an updated transit time and the originally scheduled delivery time. For example, order A for customer A may have a requested delivery time of 8:00 p.m. and a scheduled preparation completion time of 8:00 p.m. However, at 7:30 p.m. scheduling module 216 may receive an updated location of customer A that indicates customer A has 60 minutes of transit time to get to the automated cooking device. Scheduling module 216 may then reschedule the preparation completion time of order A).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the communication system in the Garden reference, such that location information from the remote device indicative of a current location of the customer is received by the communication system as suggested and taught by Chan, for the purpose of modifying a scheduled delivery time based upon an updated location in view of the originally scheduled delivery time (Chan: para. [0031]). Furthermore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the control system which is configured to automatically control the energy transfer system by adjusting the energy transfer system based on the location information from the remote device indication of the current location of the device in the Garden reference, such that a customer location is utilized as suggested and taught by Chan, for the purpose of providing a customer with a food product whose cook time completion is correspondent with the arrival to the customer’s location.
With regard to claim 3, the combined teachings of Garden and Chan teach the limitations of automatically controlling the energy transfer system between a warming and finishing heating experience based on the location from the remote device indicative of the current location of the customer, and Garden teaches the control system is configured selectively control the energy transfer system to provide a warming heating experience while the distance between the current location of the customer and the intelligent heating system is greater than a predetermined distance and wherein the control system is configured to automatically control the energy transfer system to provide a finishing heating experience to the partially cooked food item while the distance between the current location of the customer and the intelligent heating system is less than the predetermined distance ((para. [0190]: Cooking conditions within each of the cooking units, e.g., ovens 197 (FIGS. 1 and 2), are controlled en route to the consumer destination such that the food in the cooking unit is cooked shortly prior to or upon arrival at the consumer destination – the examiner is interpreting the pre-determined threshold as “shortly prior to or upon arrival” in view of the aforementioned teaching with reference to the claimed limitation.).
With regard to claim 4, Garden teaches the intelligent heating system of claim 1 wherein the location information includes information indicative of an estimated time of arrival of the customer, wherein the control system is configured to automatically control the energy transfer system based on the information indicative of the estimated time of arrival of the customer (para [0192]: geolocation information may be determined using one or more global positioning technologies, for example the Global Positioning System (GPS) or similar. The order dispatch and en route cooking control systems 108, the on-board processor-based routing module 1074a, 1074b (FIG. 10), and/or the on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination. The order dispatch and en route cooking control system(s) 108 and/or the on-board processor-based cooking module 1076 (FIG. 10) may use such information to control or otherwise adjust the cooking conditions in some or all of the cooking units, e.g., ovens 197. In at least some instances, all or a portion of the determined geolocation information associated with a consumer's food item(s) may be provided to the consumer, for exarnple via a website, computer program, or smartphone application.); wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience to the partially cooked food item based on the information indicative of the estimated time of arrival of the customer (para [0194]: while in transit to each of a number of consumer delivery locations, the cooking conditions within each of the cooking units are adjusted to complete the cooking process shortly before delivery of the food items 202 to the consumer – the Examiner is interpreting the teaching related to the adjustment to complete the cooking process shortly before delivery of the food items to the consumer as corresponding to the finishing heating experience with the cooking prior to that instance corresponding to the warming heating experience; para [0193]: The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.).
With regard to claim 5, Garden teaches the control system is configured to automatically control the energy transfer system to provide a finishing heating experience to the partially cooked food item in response to a difference between an amount of time to complete the finishing heating experience and the estimated time of arrival of the customer being below a pre-determined threshold (para. [0190]: Cooking conditions within each of the cooking units, e.g., ovens 197 (FIGS. 1 and 2), are controlled en route to the consumer destination such that the food in the cooking unit is cooked shortly prior to or upon arrival at the consumer destination – the examiner is interpreting the pre-determined threshold as “shortly prior to or upon arrival” in view of the aforementioned teaching with reference to the claimed limitation.).
With regard to claim 6, Garden describes the intelligent heating system of claim 1, further including a delivery destination stored in memory (para [0197]: display that provides information such as the type of food item 202 (FIG. 2) in the cooking unit; consumer name and location information (note display of consumer location and delivery of food item, inherently requires a delivery destination to be stored in memory), wherein the communication system periodically receives location information from the remote device indicative of a current location of a delivery vehicle (para [0192]: the location of each cooking unit or rack 199 or delivery vehicle 1072 (FIG. 10) may be monitored using geolocation information ... Such geolocation information may be determined using one or more global positioning technologies, for example the Global Positioning System (GPS) or similar), wherein the control system is configured to automatically control the energy transfer system based on distance between the delivery destination and the current location of the delivery vehicle (para [0218]: the processorbased device may expedite certain orders, for instance orders based on delivery locations which are geographically proximate delivery locations for other food item orders), wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience to the partially cooked food item based on the distance between delivery destination and the current location of the delivery vehicle (para [0190]: an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions; para [0192]: on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination; para (0204]: completing or finishing the cooking of the food item in the respective cooking unit based on an estimated time of arrival at the consumer destination location. Such cooking parameters may be determined at least in part by the cooking module 1076 (FIG. 10) based on estimated time of arrival information provided by the routing module 1074 (FIG. 10); para [0194]: while in transit to each of a number of consumer delivery locations, the cooking conditions within each of the cooking units are adjusted to complete the cooking process shortly before delivery of the food items 202 to the consumer – the Examiner is interpreting the teaching related to the adjustment to complete the cooking process shortly before delivery of the food items to the consumer as corresponding to the finishing heating experience with the cooking prior to that instance corresponding to the warming heating experience; para [0193]: The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.).
With regard to claim 7, Garden describes the intelligent heating system of claim 1 wherein the location information includes information indicative of an estimated time of arrival of the delivery vehicle (para [0190]: the order dispatch and en route cooking control systems 108 can also determine an optimal delivery itinerary, estimated delivery times, and available cooking times for each cooking unit. In other instances an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions, including static or dynamic delivery itinerary preparation and time of arrival estimates that are used to determine the available cooking time and to control or otherwise adjust cooking conditions within the cooking units. ), wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience to the partially cooked food item based on the information indicative of the estimated time of arrival of the delivery vehicle, wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience to the partially cooked food item based on the information indicative of the estimated time of arrival of the delivery vehicle (para [0190]: an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions; para [0192]: on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination; para (0204]: completing or finishing the cooking of the food item in the respective cooking unit based on an estimated time of arrival at the consumer destination location. Such cooking parameters may be determined at least in part by the cooking module 1076 (FIG. 10) based on estimated time of arrival information provided by the routing module 1074 (FIG. 10); para [0194]: while in transit to each of a number of consumer delivery locations, the cooking conditions within each of the cooking units are adjusted to complete the cooking process shortly before delivery of the food items 202 to the consumer – the Examiner is interpreting the teaching related to the adjustment to complete the cooking process shortly before delivery of the food items to the consumer as corresponding to the finishing heating experience with the cooking prior to that instance corresponding to the warming heating experience; para [0193]: The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.).
With regard to claim 8, Garden describes the control system is configured to automatically control the energy transfer system to provide a finishing heating experience to the partially cooked food item in response to a difference between an amount of time to complete the finishing heating experience and the estimated time of arrival of the delivery vehicle being below a pre-determined threshold (para. [0190]: Cooking conditions within each of the cooking units, e.g., ovens 197 (FIGS. 1 and 2), are controlled en route to the consumer destination such that the food in the cooking unit is cooked shortly prior to or upon arrival at the consumer destination – the examiner is interpreting the pre-determined threshold as “shortly prior to or upon arrival” in view of the aforementioned teaching with reference to the claimed limitation.).
With regard to Claim 9, Garden describes the intelligent heating system of claim 1 wherein the order system is configured to receive a plurality of food orders each including a delivery destination and one or more food items (para. [0008]: a processor-based system can dynamically generate, maintain, and update a dynamic order queue to sequence various orders for food items, and to control an assembly line and associated robots of the assembly line to assemble food items or food products per order. Use of a central processor-based system may advantageously permit the generation of an assemble sequence, delivery itinerary (i.e., a delivery route) and an estimated time of arrival at each of the consumer destinations for each order) , wherein the initial cooking system is configured to partially cook each of the one or more food items in each of the plurality of food orders (para [0189]: The cooking units, e.g., ovens 197 (FIGS. 1 and 2), containing the prepared, uncooked or partially cooked, food items can be placed in a rack 199 (FIG. 2), also denominated as a “cooking rack.” The rack 199 can include various components or systems to support the operation of the cooking units contained in the rack 199, for example a power distribution bus, a communications bus, and the like. Power and cooking condition instructions are supplied to the cooking units either individually or via the power distribution and communications buses in the rack 199.), wherein the intelligent heating system includes a routing system for determining a delivery route for delivering the plurality of food orders, (para [0190]: an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions, including static or dynamic delivery itinerary preparation and time of arrival estimates that are used to determine the available cooking time and to control or otherwise adjust cooking conditions within the cooking units.) wherein the control system is configured to automatically control the energy transfer system by adjusting the energy transfer system between providing a warming heating experience and a finishing heating experience for each of the food orders based on the delivery route and the current location of the delivery vehicle (para [0190]: an on-board processor-based routing module 1074 (FIG. 10) communicably coupled to the order dispatch and en route cooking control system(s) 108 can provide some or all of the delivery routing instructions; para [0192]: on-board processor-based cooking module 1076 (FIG. 10) may use the location information to statically or dynamically create and/or update delivery itinerary information and estimated time of arrival information for each consumer destination; para [0204]: completing or finishing the cooking of the food item in the respective cooking unit based on an estimated time of arrival at the consumer destination location. Such cooking parameters may be determined at least in part by the cooking module 1076 (FIG. 10) based on estimated time of arrival information provided by the routing module 1074 (FIG. 10); para [0194]: while in transit to each of a number of consumer delivery locations, the cooking conditions within each of the cooking units are adjusted to complete the cooking process shortly before delivery of the food items 202 to the consumer – the Examiner is interpreting the teaching related to the adjustment to complete the cooking process shortly before delivery of the food items to the consumer as corresponding to the finishing heating experience with the cooking prior to that instance corresponding to the warming heating experience; para [0193]: The approach described herein advantageously and significantly reduces the time required for delivery of prepared food items to consumer destinations by cooking or completing the cooking of food items within cooking units. For example, the cooking of food items can be completed using individually controllable cooking units, e.g., ovens 197, on a delivery vehicle 1072 (FIG. 10) instead of a more conventional stationary cooking unit such as a range or oven located in a “bricks and mortar” facility. By moving at least a portion of the cooking process to vehicle (not shown), the overall time required to prepare, cook, and deliver food items to a consumer location is reduced and the overall quality of the delivered food items is improved. Significantly, the time for delivery and quality of delivered food is improved over current systems in which food items are cooked in a central location and then loaded onto a delivery vehicle 1072 (FIG. 10) for delivery to the consumer location. Even more advantageously, by dynamically adjusting the delivery itinerary and controlling the cooking conditions within the cooking units to reflect the updated expected arrival times at the consumer locations, the impact of unanticipated traffic and congestion on the quality of the delivered food items is beneficially reduced or even eliminated.).
Response to Arguments
Applicant's arguments filed 03/20/26 have been fully considered and are addressed hereafter. The prior art rejection has been adapted as detailed above in view of the newly presented claim amendment(s).
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 JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on Mon – Fri: 7:30-5:00.
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, IBRAHIME ABRAHAM can be reached on 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
Prosecution Insights