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 .
Election/Restrictions
The Office has reviewed the restriction requirement mailed 25 April 2025, and found the restriction of claim 38 should not be maintained for lack of a search burden. Therefore, claim 38 is rejoined for examination.
Although the Examiner suggested otherwise in the recent interview, the Office more closely reviewed the limitations present in withdrawn claims 45, 48, and 49, and found limitations that do pose a search burden. Therefore, the restriction requirement is maintained against claims 45, 48, and 49. The Office apologizes for the confusion.
Claim Rejections — 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 38 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 38 the phrase “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim 38 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber (DE 10 2008 037 783 A1).
Weber discloses a heating arrangement for a cooking appliance (1) including a container (4), the heating arrangement comprising:
a heating element (10; 12, 13); and
a controller (“control unit”) configured to:
determine a heating element temperature (via 15);
determine a container temperature (via 17); and
energise the heating element based on the heating element temperature and the container temperature, and preferably based on the difference between the heating element temperature and the container temperature (“if the difference value of the heating surface temperature to the medium temperature exceeds a predetermined threshold value, then measures are taken automatically to prevent the cooking material from burning”).
Allowable Subject Matter
Claims 26, 28–37, 39–44, 46, 47, and 50 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Taylor (GB 2369037 A) discloses an apparatus with a resilient element (32) that urges a heating element against a container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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, Edward (Ned) F. Landrum can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J NORTON/Primary Examiner, Art Unit 3761
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