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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 11, 2026 has been entered.
Response to Amendment
The amendment filed May 11, 2026 have been entered. Claims 1-6 and 8-18 remain pending in the application. Claims 1, 4, 8, and 19 are amended. Claims 7 and 17 are canceled. Claims 2-3, 6, 9-16 and 18 are as previously presented. In response to the applicant’s arguments and amendments, a more detailed action is provided
Response to Arguments
Applicant’s arguments filed May 11, 2026 have been fully considered, and they are persuasive with respect to the prior art. As a result, a new ground of rejection is provided below.
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:
“one or more infrared light sources configured to provide infrared radiation to the food item received in the cooking chamber” (in Claim 1). In light of the specifications, the infrared light sources will be interpreted as components of the infrared lighting unit of the cooking apparatus 200 (From Pg 7 of the applicant’s specifications)
Because these claim limitations 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 § 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.
Claims 1-3, 5-6, 8, 10, 12-14, 16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujita (US 20150226479 A1):
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Regarding Claim 1: Fujita teaches a cooking apparatus (“furnace” [0028]) comprising: a cooking chamber (‘conveying path 19… extending from the opening 17 to the opening 28 through the furnace body” [0030]) configured to receive a food item (the nature of the object to be cooked is an intended use. See below); an infrared lighting unit (“filament” Figure 3 Element 41 which forms a part of the “infrared heaters” [0028] Figure 1 Elements 40) comprising one or more infrared light sources configured to provide infrared radiation to the food item received in the cooking chamber (Shown in Figure 1), the infrared lighting unit being positioned such that the food item is exposed to infrared radiation from the one or more infrared light sources (Shown in Figure 1);
a shielding unit (“the first inner pipe 44 and the second outer pipe 45 are each made of a quartz glass” [0036] Figure 3 Elements 44 and 45 and “transmits... infrared radiation” [0045) comprising one or more shielding elements (Figure 3 Elements 44 and 45) respectively positioned between each of the one or more infrared light sources of the infrared lighting unit and the cooking chamber (the shielding units completely surround the infrared lighting units and as such must be situated between the light sources and the cooking chamber which the light sources irradiate)
a first air guiding unit (“coolant channel” [0034] Figure 3 Element 49) configured to conduce air flow through the shielding unit (Figure 3 Elements 44 and 45), wherein the first air guiding unit comprises a first air duct arrangement configured to facilitate the air flow towards the shielding unit (“a space between the first outer pipe 44 and the second outer pipe 45 is a coolant channel 49 that allows a coolant (such as air to flow through)” [0034]); and
a second air guiding unit (“blowing device” Figure 1 Element 20 (which includes Elements 22, 24) configured to circulate hot air inside the cooking apparatus to heat the food item received inside the cooking chamber (Shown in Figure 1), wherein the second air guiding unit comprises a second air duct arrangement (Figure 1 Element 24) configured to facilitate the hot air towards the food item (“the blowing device 20 supplies hot gas in the direction [of the object being heated]” [0031]).
The examiner notes that the use of the apparatus in order to cook a food item is an intended use which the invention of Fujita, as cited, would be capable of performing as the temperature at which the object being processed is cooked can be varied by the controller and as such may be used to cook food rather than the sheet being processed by the invention (“the controller 70 independently controls the filament temperature of each of the infrared heaters 40 by outputting, to the power supply 60, a control signal for adjusting the amount of electric power supplied from the power supply 60 to the filament 41. The controller 70 can adjust the time required by the coating 82 to pass through the inside of the furnace body 14 by controlling the rotation speeds of the rollers 84 and 86.” [0041])
Regarding Claim 2: Fujita further teaches the apparatus comprising a heating unit (“Hot Gas Generator Figure 1 Elements 22) comprising one or more heating elements (It is understood that 22 comprises heaters and a fan, see [0031]) configured to heat air flow inside the cooking apparatus to create hot air circulation (element 22 initiates the circulation of hot air flow throughout the apparatus)
Regarding Claim 3: Fujita further teaches the heating unit (“Hot Gas Generator Figure 1 Elements 22) is positioned so as to correspond to the configuration of the second air guiding unit (the heating unit corresponds to the second aspect of the second air guiding unit blowing device” Figure 1 Element 20 (which includes Elements 22, 24)
Regarding Claim 5: Fujita further teaches the second air guiding unit ((“blowing device” Figure 1 Element 20 (which includes Elements 22, 24) comprises a second fan (Figure 1 Element 22 is understood to contain a fan) configured to conduce air flow from the cooking chamber towards the second air duct arrangement (Figure 1 Element 24).
Regarding Claim 6: Fujita further teaches that the one or more heating elements (“Hot Gas Generator Figure 1 Elements 22) are configured to heat the air from the cooking chamber in the second air duct arrangement (Figure 1 Element 24)
Regarding Claim 8: Fujita further teaches that the second air duct arrangement (Figure 1 Element 24) is perpendicular to an axis of symmetry which intersects the one or more infrared light sources (Figure 1 Elements 40).
Regarding Claim 10: Fujita further teaches that each of the one or more shielding elements (“the first inner pipe 44 and the second outer pipe 45 are each made of a quartz glass” [0036] Figure 3 Elements 44 and 45 and “transmits… infrared radiation” [0045)) comprises a first shielding part (Figure 3 Element 44) and a second shielding part (Figure 3 Element 45), wherein the first shielding part is positioned between the first air duct arrangement (Figure 3 Element 49) and the respective infrared light source (Figure 3 Element 41), and wherein the second shielding part (Figure 3 Element 45) is positioned between the first air duct arrangement and the cooking chamber (Configuration shown in Figure 3)
Regarding Claim 12: Fujita further teaches that the one or more shielding elements (“the first inner pipe 44 and the second outer pipe 45 are each made of a quartz glass” [0036] Figure 3 Elements 44 and 45) comprise material having a permeability level to infrared radiation above a predetermined threshold (shielding units are “made of a quartz glass that absorbs infrared radiation having a wavelength greater than 3.5 micrometers and transmits radiation having a wavelength of 3.5 micrometers or less” [0036]).
Regarding Claim 13: Fujita further teaches that the one or more infrared light sources (Figure 1 Elements 40) comprises a first infrared light source (See Figure 1 as annotated “First Infrared Light Source”) and a second infrared light source (See Figure 1 as annotated “First Infrared Light Source”), the first infrared light source being positioned such that the first infrared light source corresponds to a first side of the cooking apparatus (Shown in Figure 1) and the second infrared light source being positioned such that the second infrared light source corresponds to a second side (See Figure 1 as annotated “Second Side”)of the cooking apparatus (See Figure 1 as annotated “First Side”), and wherein the first side is opposite to the second side (shown in Figure 1).
Regarding Claim 14: Fujita further teaches that each of the one or more infrared light sources is configured such that each of the one or more infrared light sources (Figure 1 Elements 40) provides infrared radiation towards the item (Figure 1 Element 80) received in the cooking chamber in a tilted angle (as the object being cooked “is conveyed into the furnace body 14 from the opening 17. Then, the sheet 80 is moved in the furnace body 14 in the horizontal direction and is conveyed out of the opening 18” [0030] it must pass under each of the infrared light sources (illustrated by Elements 40) at a tilted angle in order to pass through the cooking apparatus. In other words, as the conveyor moves each item through the cooking apparatus, the item passes through a variety of angles relative to each infrared light source, including a tilted angle at all times except when the item is directly under the light source, at which point the item will be positioned at a tilted angle relative to the other light sources)
Regarding Claim 16: Fujita further teaches that the second air duct arrangement (“blowing device” Figure 1 Element 20 (which includes Elements 22, 24) is configured to facilitate air flow towards one or more walls (Figure 1 Elements “front end surface” 15) of the cooking chamber, and wherein the one or more walls of the cooking chamber are at least partly air-permeable (the walls are air permeable via their respective “opening” 17).
Regarding Claim 18: Fujita further teaches the apparatus further comprising a housing (“Furnace Body” [0028] Figure 1 Element 14), wherein the housing has a bottom side (“rear end surface” [0029] Figure 1 Element 16) which forms a part of the second air duct arrangement (Figure 1 Element 24) that adopts a specific shape so as to further facilitate air flow in the second air duct arrangement (Shown in Figure 1).
Regarding Claim 19: Fujita further teaches that an aperture (“fluid inlet/ out ports” [0041] Figure 2 Elements 58 ) is provided at a housing (“Furnace Body” [0028] Figure 1 Element 14) of the cooking apparatus so as to allow additional air flow (“circulate” [0032] air ) along the shielding unit so as to facilitate cooling down of the shielding unit (“the first inner pipe 44 and the second outer pipe 45 are each made of a quartz glass” [0036] Figure 3 Elements 44 and 45 and “transmits.. infrared radiation” [0045) comprises a first shielding part (Figure 3 Element 44) and a second shielding part (Figure 3 Element 45), wherein the first shielding part is positioned between the first air duct arrangement (Figure 3 Element 49) and the respective infrared light source (Figure 3 Element 41), and wherein the second shielding part (Figure 3 Element 45) is positioned between the first air duct arrangement and the cooking chamber (Configuration shown in Figure 3)
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 20150083656).
Regarding claim 1, Lee discloses:
A cooking apparatus ([0029] “infrared rays irradiated from the infrared module (300) and high-temperature moving air.”) comprising:
a cooking chamber (drying chamber 110) configured to receive a food item ([002], [0003], “food”);
an infrared lighting unit (“infrared rays irradiated from the infrared module (300)” [0029]) comprising one or more infrared light sources (infrared lamp 320” [0047]) configured to provide infrared radiation to the food item received in the cooking chamber, the infrared lighting unit being positioned such that the food item (in basket 230) is exposed to infrared radiation from the one or more infrared light sources ([0047], see Fig 4);
a shielding unit (“a ceramic glass (330) positioned on the lower surface of the module casing (310) that transmits infrared rays generated from the infrared lamp” [0049]) comprising one or more shielding elements (330) respectively positioned between each of the one or more infrared light sources of the infrared lighting unit and the cooking chamber (see Fig 8b, shield 330 is lower part of infrared module 300);
a first air guiding unit configured to conduce air flow through the shielding unit, wherein the first air guiding unit comprises a first air duct arrangement configured to facilitate the air flow towards the shielding unit (“Cooling air generated by the cooling fan (340) is moved through the cooling air transfer pipe (350), and a cooling air guide pipe (351) is provided along the path of the cooling air transfer pipe (350) to guide the cooling air to each infrared lamp (320).” [0056], see Fig 8b); and
a second air guiding unit configured to circulate hot air inside the cooking apparatus to heat the food item received inside the cooking chamber, wherein the second air guiding unit comprises a second air duct arrangement configured to facilitate the hot air towards the food item (see arrows B indicating airflow in Fig 4, [0071]).
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 4, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (US 20150226479 A1) in view of Moon (US 20030062360):
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Regarding Claim 4: Fujita teaches that the first air guiding unit (“coolant channel” [0034] Figure 3 Element 49) comprises and a first air duct arrangement (“coolant channel” [0034] Figure 3 Element 49) configured to create the air flow within the first air duct arrangement to conduce the air flow towards the shielding unit (“a space between the first outer pipe 44 and the second outer pipe 45 is a coolant channel 49 that allows a coolant (such as air to flow through)” [0034]). Fujita is silent on the source of coolant, but specifies that the flow rate is adjustable [0041]).
However, Moon teaches a cooling fan (“cooling fan” [0033]) that can provide a specified flow rate of air for cooling.
Therefore, it would be obvious to modify the reference of Fujita to integrate the cooling fan of Moon into the first air duct arrangement of Fujita to provide a source of the coolant and facilitate the active “cool[ing]” [0037] of the shielding unit.
Regarding Claim 9: Fujita as modified by Moon further teaches the one or more shielding elements (Fujita “the first inner pipe 44 and the second outer pipe 45 are each made of a quartz glass” [0036] Figure 3 Elements 44 and 45 and “transmits. infrared radiation” [0045) are arranged in the first air duct arrangement (Fujita “coolant channel” [0034] Figure 3 Element 49) of the first air guiding unit, such that air flow from the first fan (Moon “cooling fan” [0033]) is conduced along the one or more shielding elements (Fujita Shown in Figure 3).
Regarding Claim 11: Fujita does not teach that at least one of the first shielding part and the second shielding part, of each respective shielding element of the one or more shielding elements, is configured to be removable from the rest of the respective shielding element.
However, Moon does teach a cooking apparatus (“counter-top electric oven” [0025]) wherein with a fist shielding part (“radiation plate” [0033] Figure 3 Element 88) and a second shielding part (“protective grid” [0033] Figure 3 Element 94) wherein at least one of the first and second shielding parts is configured to be removable from the rest of the respective shielding element (element 94 is “detachably mount[ed] “[0043] and capable of removal).
Therefore, it would be obvious to modify the reference of Fujita such that one of the shielding parts is removable in order to allow for “cleaning of the heating element” [0043])
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20150083656) in view of Wagner (US 4554437 A).
Regarding claim 15, Lee does not disclose:
the infrared lighting unit is configured such that, in a self-cleaning mode of the cooking apparatus, the one or more infrared light sources are configured to operate for a predetermined time period in order to increase a temperature at the respective one or more shielding elements.
Lee discloses that the device may be used with food, but does not specify a method of cleaning.
Wagner teaches an infrared tunnel oven with a conveyer belt for food (col 1 lines 6-15). Wagner teaches “automatically turning off and on at particular times and dates which allows automatic self-cleaning to be initiated” (col 2 lines 38-40). In the self-cleaning mode, “the internal temperatures are sufficiently great, e.g., up to nearly 1000.degree. F., that food particles will be carbonized” (col 11 lines 29-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the oven of Lee to include a self-cleaning mode wherein the oven automatically turns off and on at particular times, and thus operates for a predetermined time period, to raise the internal temperature, including the temperature of the shielding elements, as taught by Wagner, to obtain he benefit of a self-cleaning function.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOLAN OLIVA whose telephone number is (571-)272-2518. The examiner can normally be reached Monday-Thursday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Topaz Elliot can be reached at (571) 270-5851. The fax phone number for the organization where this application or proceeding is assigned is 571-270-5569.
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/SOLAN OLIVA/Examiner, Art Unit 3761
/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
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