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 .
Priority
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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 34-44 and 59-68) in the reply filed on 8/28/2025 is acknowledged.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 34-44, 59-63 and 65-67 are rejected under 35 U.S.C. 103 as being obvious over Hook (US 2004/0129639) in view of Allen (US 8,931,400) and Wolfe (US 4994652).
With respect to the limitations of claim 34, Hook teaches a cooking appliance (title, abstract), comprising: a housing (Figs 1-7, housing surrounding heating elements, 0031); an electric heating element disposed within the housing (0031, each area has a lower platen below or within which electric heaters are mounted for heating the platen cooking surfaces; electric or other heaters are contained within the upper platens for heating their bottom cooking surfaces); at least one cooking plate (0031, bottom cooking surface of upper platen, top cooking surface of bottom platen) mounted on the housing for cooking a food item, the at least one cooking plate comprising a food contact surface and a lower surface opposed to the food contact surface (0031), and configured to be heated by the electric heating element; a sensing device configured to detect an operational characteristic of the cooking appliance, the operational characteristic comprising a cooking plate temperature of the at least one cooking plate (0035, each lower cooking section has three electric heaters, a front, center and rear heater, each heater having an associated temperature sensor; 0036; each heater has an associated temperature sensor, such as K-type thermocouples, for a total of nine upper heaters and associated temperature sensors); and a control device (Fig 7, microcontroller 50 ,0046) configured to: communicate with a user computing device via a wireless network (0050, this allows a manager, in an office remote from the appliance, to input data, receive data reports, and control any aspect of the computer controlled operations of the cooking appliance from a personal computer). Hook discloses the claimed invention except for the control device is configured to: receive a cooking configuration from the user computing device via the wireless network, the cooking configuration including at least a target cooking plate temperature of the at least one cooking plate; and control the electric heating element to heat the at least one cooking plate to the target cooking plate temperature.
However, Allen discloses the control device is configured to: receive a cooking configuration (Figs 1, 7A, remote unit 100, processors 170, Col 7) from the user computing device (control unit 200, interface 300, Col 8) via the wireless network (Col 8, Lines 1-20), the cooking configuration including at least a target temperature (Col 13, Lines 15-20, the user is able to input the specific temperature to which they which to heat the cooking item) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Hook having a controller, electric heaters and temperature sensors silent to the recited receiving a cooking configuration with the control device is configured to: receive a cooking configuration from the user computing device via the wireless network, the cooking configuration including at least a target cooking temperature of Allen for the purpose providing a known remote control unit that allows for the status of a food being cooked to be monitored and/or controlled from a location that is different from the location at which the food is being cooked (Col 2, Lines 51-60), thereby improving the overall versatility of the device.
Additionally, Wolfe discloses a temperature sensor (Fig 1, sensor S1, Col 3) attached to a heating plat (heating plate P, Col 3) and control the electric heating element to heat (heating elements H2, H3, Col 3) the at least one cooking plate to the target cooking plate temperature (Col 2, Lines 1-20; Col 4, Lines 10-15) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Hook in view of Allen having a controller, electric heaters, temperature sensors and user computing device silent to the recited controlling with the temperature sensor and control the electric heating element to heat the at least one cooking plate to the target cooking plate temperature of Wolfe for the purpose of providing a known temperature sensor, controller configuration that controls and maintains the cooking plate to a desired temperature to achieved a specific cooking process (Col 2, Lines 1-20).
With respect to the limitations of claims 35, 38, 39, 40, 60, 62, 65 and 66, Hook in view of Allen and Wolfe discloses the sensing device comprises a thermostat assembly having a sensing member (Wolfe, sensor S1) configured to contact the lower surface of the at least one cooking plate (Wolfe, heating plate P), and the thermostat assembly detects and monitors the temperature of the at least one cooking plate (Wolfe, Col 4, Lines 25-30);
further comprising: a temperature probe assembly (Allen, Figs 1, 3, temperature probe 30, Col 4) configured to be inserted into the food item (Allen, food 5, Col 4) placed on the food contact surface of the at least one cooking plate and monitor an internal temperature of the food item;
the temperature probe assembly (Allen, temperature probe 30) is electrically connected (Allen, cable 35, Col 4) to the control device (Allen, first unit 100, Col 5) and sends a signal indicative of the internal temperature of the food item (Allen, Fig 2, current sensed temperature 155 of the food, Col 7) to the control device;
the temperature probe assembly (Allen, temperature probe 30) is connected to the user computing device (Allen, control unit 200, interface 300, Col 8) and sends a signal indicative of the internal temperature of the food item to the user computing device (Fig 8A, stats category 306, temperature 320, Col 11);
the cooking configuration comprises at least one of: a target cooking temperature (Allen, Fig 8C, Col 13, Lines 53-57, the current temperature reading as compared to the user's desired ultimate temperature) and a target probe temperature;
further comprising:a probe storage configured to receive and store the temperature probe assembly (Figs 2-5, cavities 142, 145, Col 6);
the control device is configured to communicate with the user computing device using at least one wireless communication protocol selected from Wi-Fi, cellular, Bluetooth, and ZigBee (Allen, Col 8, Lines 10-20)
the control device (Wolfe, Col 2, Lines 13-20, controlled by means of predetermined programs of the logic circuit) is further configured to: receive temperature feedback from the sensing device (Wolfe, sensor S1); and automatically adjust operation of the electric heating element based on the temperature feedback to maintain the target cooking plate temperature (Wolfe, Col 2, Lines 1-20; Col 4, Lines 10-15).
With respect to the limitations of claims 36, 37, 41, 42, 43, 44, 59, 61, 63 and 67, Hook teaches the control device is further configured to: control the electric heating element to heat the at least one cooking plate to a predetermined temperature before the food item is placed onto the food contact surface of the at least one cooking plate (0070, PreHeat State); and generate an alert indicating that the at least one cooking plate has reached the predetermined temperature (0071, green backlighting);
the control device is further configured to: transmit the operational characteristic to the user computing device (0050, receive data reports);
the food contact surface is configured to provide a substantially flat surface (Figs 3, 5, 6), to shape a waffle, to provide a bake dish, to provide a plurality of bowl-type spaces, or to provide a plurality of dish-type spaces;
comprising a plurality of cooking plates (Fig 3, shows multiple cooking plates);
the cooking appliance is a countertop cooking appliance (Figs 1, 2);
the cooking appliance is a toaster oven (Fig 3, platens form an enclosed cooking space which can be used to toast food items);
the at least one cooking plate comprises a first cooking plate and a second cooking plate, and further comprising:a second electric heating element configured to heat the second cooking plate; and a second temperature sensing device configured to detect a temperature of the second cooking plate (Figs 1, 3, 0031), the control device is further configured to control the second electric heating element to heat the second cooking plate to the target cooking plate temperature (Fig 7, microcontroller 50 ,0046);
the housing comprises: a first housing portion; a second housing portion; and a hinge pivotally connecting the first housing portion to the second housing portion (see figure 3);
the at least one cooking plate is a bottom cooking plate (Fig 3, shows top and bottom cooking plates);
the cooking configuration comprises a selectable cooking mode selected from a plurality of preset cooking modes stored on the user computing device, each cooking mode associated with a specific food type and corresponding target temperatures (0052, 0056-0061).
Claim 64 is rejected under 35 U.S.C. 103 as being obvious over Hook (US 2004/0129639) in view of Allen (US 8,931,400) and Wolfe (US 4994652) as applied to claim 34, further in view of Fernandez (US 2006/0213373).
With respect to the limitations of claim 64, Hook in view of Allen and Wolfe discloses the claimed invention except for further comprising a grease tray removably secured adjacent a forward end of the housing, wherein the food contact surface slopes downward from a rearward end to the forward end to direct liquid substances toward the grease tray.
However, Fernandez discloses further comprising a grease tray removably secured (Figs 1-4, removable drip tray 20, 0030) adjacent a forward end of the housing (support structure 18, 0029), the food contact surface slopes downward from a rearward end to the forward end to direct liquid substances toward the grease tray (0030) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Hook in view of Allen and Wolfe having a housing silent to the recited grease tray with the further comprising a grease tray removably secured adjacent a forward end of the housing, wherein the food contact surface slopes downward from a rearward end to the forward end to direct liquid substances toward the grease tray of Fernandez for the purpose of providing a known removable grease tray that collects excess grease, oil and juices (0030) and allows for easy cleaning and disposal.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 34-44 and 59-67 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 9,980,321 and claims 1-3 and 7-21 of U.S. Patent No. 9,980,321. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite similar limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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, Steven Crabb can be reached at 571-270-5095. 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.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/23/2025