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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The Amendment filed on November 11th, 2025 has been entered. Claims 1-10 remain pending in the application. Objections to the Abstract have been withdrawn due to amendments.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mihara (US Patent No. 20120067873).
Regarding Claim 1, Mihara teaches a high-frequency treatment device comprising (Paragraph 1, microwave heating device): a heating chamber configured to accommodate a heating target (Figure 1, Heating Chamber 7 with Heating Object 15); an oscillator operatable to generate high-frequency power having one of frequencies in a predetermined frequency band (Figure 1 and Paragraph 83, Oscillator 2 structured by using a semiconductor element and outputs a signal of an oscillation frequency within a prescribed frequency band); at least one feeder operable to supply incident microwave power based on the high-frequency power to the heating chamber (Figure 1 and Paragraph 42, Power Feeder Part 5 supplies microwave to heating chamber based on frequency); a detector operable to detect the incident microwave power and reflected microwave power returning from the heating chamber to the at least one feeder (Figure 1 and Paragraph 85, Power Detecting Part 4 detects microwave power supplied to the Power Feeder Part 5, and a reflected microwave power received by the Power Feeder Part 5 from the Heating Chamber 7); and a controller, wherein the controller is operable to cause the oscillator to execute a frequency sweep and is operable to measure a reflection characteristic based on the incident microwave power and the reflected microwave power for each heating condition including a frequency (Figure 1, Control Part 1. Figure 6 and Paragraph 122, Controller Part 1 uses Oscillator 2 to conduct a frequency sweep and measures reflection ratio (Pr/Pf) using microwave power and reflected power across multiple frequencies and is calculated in certain incremental time), and the controller is operable to determine, based on a reflection variation range indicating a change in the reflection characteristic for each heating condition, a heating condition to be used next (Paragraph 160-165, When the reflected power detected by the Power Detecting Part 24 exceeds a certain threshold, Controller stops the heating operation and the frequency selection operation is begins again to choose another heating condition). the reflection variation range being a difference between a reflection characteristic before heating and a reflection characteristic after heating (Paragraph 149 and 168-170, The apparatus is able to thaw frozen objects in the initial stage before the heating operation. Frozen objects have different reflection ratio at the same frequency during the Initial Stage and the Heating Operation, the apparatus always selects the optimum frequency, The optimum frequency is where the energy radiated is efficiently absorbed, therefore the reflection ratio would be close to zero).
Regarding Claim 3, Mihara teaches that the controller is operable to determine, as the heating condition to be used next, the heating condition in which an absolute value of the reflection variation range is less than a threshold value (Paragraph 37 and 160-165, When the reflected power detected by the Power Detecting Part 24 exceeds a certain threshold, Controller stops the heating operation and the frequency selection operation is begins again to choose another heating condition that is less than threshold).
Regarding Claim 5, Mihara teaches a storage, wherein the controller is operable to cause the storage to store the reflection characteristic each time the heating condition to be used next is determined (Paragraph 122-124 and Figure 6, The frequency and the reflection ratio (Heating Conditions) are calculated at every incremental time during frequency sweep operation are stored in storage means provided at the Controller Part 1).
Regarding Claim 6, Mihara teaches that controller is operable to, each time the reflection variation range is calculated (Paragraph 121-123, Reflection ratio operation is formed multiple times by controller part 1. Figure 6, showcases the range of reflection ratio calculated), calculate a maximum of the reflection variation range (Figure 6, Showcases the calculated reflection variation range, by the controller, including the maximum and minimum of that range), cause the storage to store the maximum (Paragraph 123, the frequency and the value of the reflection ratio are stored in storage means at the control part 1), and determine, based on the maximum, the heating condition to be used next (Figure 6 and Paragraph 124, find the maximum ratio helps find the minimum ratio which is used to achieve optimal heating conditions).
Regarding Claim 7, Mihara teaches that the controller is operable to, each time the reflection variation range is calculated (Paragraph 121-123, Reflection ratio operation is formed multiple times by controller part 1. Figure 6, showcases the range of reflection ratio calculated), calculate an accumulated value of the reflection variation range (Figure 6, Showcases the calculated reflection variation range, by the controller, this reads that Figure 6 provides the function of calculating the accumulated value of the reflection ratio range), cause the storage to store the accumulated value (Paragraph 123, Control part 1 is capable of storing reflection ratio values), and determine, based on the accumulated value, the heating condition to be used next (Figure 6 and Paragraph 121-124, Utilizes reflection ratio to find next heating condition, therefore prior art reads that it can uses accumulated value).
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Mihara (US Patent No. 20120067873) in view of Oomori (EP Patent No. 2475221).
Regarding Claim 2, Mihara teaches a phase adjuster, wherein the at least one feeder includes a first feeder and a second feeder (Figure 11, Phase Control 26, and Feeding parts 25a and 25b), the phase adjuster is connected to the oscillator and is operable to adjust a phase difference between the high-frequency power to be supplied by the first feeder and the high-frequency power to be supplied by the second feeder (Figure 11, Phase Control 26 is connected to Oscillator Part 22. Paragraph 175, Phase Control 26 can control the phase difference between the two feeders).
Mihara fails to teach a controller that utilizes a phase adjuster top execute a phase sweep.
Oomori teaches a microwave heating device (Paragraph 1, Microwave) where the controller is operable to cause the phase adjuster to execute a phase sweep and is operable to measure the reflection characteristic based on the incident microwave power and the reflected microwave power for each heating condition that further includes the phase difference (Paragraph 36-41 and Figure 3 and 5, Control Portion 7 conducts a phase sweep to find characteristic of reflected electric power based on power for multiple heating conditions and different output phase difference from phase variable portions).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mihara to incorporate a phase sweep as stated in Oomori. The phase sweep helps find information about reflected electric power and data on phase sweeping characteristic (Paragraph 41, Phase Sweep).
Regarding Claim 9, Mihara teaches a that the frequency sweep is an operation to change the frequency at regular or irregular intervals over the predetermined frequency band (Paragraph 122, Frequency Is changed from 2400 to 2500 MHz over regular incremental time).
Mihara fails to teach a phase sweep operation that changes phase difference at certain intervals.
Oomori teaches a microwave heating device (Paragraph 1, Microwave) where the phase sweep is an operation to change the phase difference at regular or irregular intervals over a predetermined angular range (Figure 3 and 5 and Paragraph 38, Steps 106-108 and back to 109-110 showcases that the phase sweep is done at regular intervals and the output phase difference induced through the phase variable portions goes from 0 degrees to 360 degrees, with a pitch of 10 degrees).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mihara to incorporate a phase sweep as stated in Oomori. The phase sweep helps find information about reflected electric power and data on phase sweeping characteristic (Paragraph 41, Phase Sweep).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mihara (US Patent No. 20120067873) in view of Bilchinsky (US Patent No. 20210227652).
Regarding Claim 4, Mihara fails to teach a threshold obtained using a predetermined coefficient.
Bilchinsky teaches an apparatus and method for providing high frequency radiation to a load (Paragraph 3-4, Apparatus and Method) where the threshold value is obtained by multiplying the absolute value of the reflection variation range by a predetermined coefficient (Paragraph 73, The energy that is dissipated in a load at a given frequency may be controlled to achieve a desired dissipation pattern in the load. Accordingly, the desired energy or threshold may be, for example, an absolute, value per frequency. Paragraph 131, Dissipated or absorbed energy can be calculated based on the portion of the incident energy that is reflected and the portion that is transmitted. Paragraph 147, The energy absorption is considered “substantially constant” if the variation of the dissipated energy is lower than a threshold value. For instance, a deviation may be calculated based on the distribution of the dissipated energy, and the absorbable energy is considered “substantially constant” if the deviation is less than 50%).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mihara to incorporate a threshold value as stated in Bilchinsky. Controllers use a threshold value to decide when and how much energy to supply to achieve the desired temperature the load requires (Paragraph 148, Threshold).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mihara (US Patent No. 20120067873) in view of Nobue (US Patent No. 20100176121).
Regarding Claim 10, Mihara fails to teach a controller that stores reflection characteristic with an extremum of the change
Nobue teaches a microwave processing apparatus (Paragraph 1, Microwave) where the controller is operable to cause the storage to store only the reflection characteristic that indicates an extremum of the change (Paragraph 122, Micro Computer 700 may store only the relationship between the reflected power and the frequency, which is a reflection characteristic, in a case where the reflected power takes a minimal value).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mihara to store the reflection characteristic that indicates an extremum of the change as stated in Nobue. Storing only certain information can reduce memory usage in Microcomputer (Paragraph 122, Storage).
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 8 was not stated in any of the referenced prior art or any art found during examination.
Response to Arguments
Applicant's arguments filed November have been fully considered but they are not persuasive. Apparatus claims cover what a device is not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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 HAMZEH HICHAM AMIN whose telephone number is (571)272-4235. The examiner can normally be reached Monday - Friday 7:00 am - 4:00 pm.
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 at (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 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.
/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761