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 .
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that Nasu does not disclose first and second air deflecting plates, the examiner disagrees. As pointed out in this action figure 17 shows rear wall 1052 of inner casing 1050 extends to a first plate which deflects air to opening 1056 and a first slide rail, rear wall 1052 of inner casing 1050 extends to a second plate which deflects air to opening 1058 and a second slide rail. Additionally, Nasu states “air fed out by the fan 1064 flows in the directions indicated by F1 and F2 in the drawings” (paragraph [0171]). Furthermore, Nasu states “The inner casing 1050 has… a rear wall 1052” (paragraph [0149]). Thus, the plates protrude from the outer surface of the rear wall.
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 limitation(s) are:
Heat Supplier in claim 1. The corresponding structure for the heat supplier will be interpreted as the grill unit or air sending unit (paragraph [0041]).
Grill unit in claim 6. The corresponding structure for the grill unit will be interpreted as a heater (paragraph [0052]).
Air sending unit in claim 7. The corresponding structure for the air sending unit will be interpreted as comprising at least a fan (paragraph [0043])
Microwave Supplier unit in Claim 9. The corresponding structure for the microwave supplier will be interpreted as magnetron, a rotatory antenna, a waveguide, and an antenna motor (paragraph [0045]).
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 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 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 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
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 1, 2, 4-6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nasu (US 20170171921 A1), hereinafter Nasu, in view of Bosch-Siemens Hausgerate (DE 9114710 U1), hereinafter BSH.
Regarding claims 1, 2, 4, and 5, Nasu discloses a pull-out heating cooking apparatus (“a heating cooker 1100” paragraph [0145]) comprising:
a heating cooking chamber including an accommodation space, where an object to be heated is accommodated, and an opening communicating with the accommodation space (“inner casing 1050 has a rectangular bottom wall 1051, a rear wall 1052 vertically extending from a midway of the bottom wall 1051, a top wall 1053 opposed to the bottom wall 1051, and a casing 1055 fixed to the top wall 1053 and the rear wall 1052 to cover the heating chamber 1013” paragraph [0149]);
a lid portion configured to close the opening (“an open/close door 1021 for opening and closing an opening 1012” paragraph [0146]);
a heat supplier configured to supply heat into the accommodation space (“a top heater 1071 and a bottom heater 1072 for heating an object to be heated which is contained in the container 1023 are located in the heating chamber 1013” paragraph [0151]); and
a pull-out body that is pulled out freely relative to the accommodation space (“The drawer unit 1020 includes an open/close door 1021 for opening and closing an opening 1012 and a container 1023 contained in the heating chamber 1013” paragraph [0146]);
a housing configured to accommodate the heating cooking chamber (“an outer casing 1016” paragraph [0145]);
a fan disposed in a first space formed between the heating cooking chamber and the housing (“a fan 1064” paragraph [0170]);
a pair of slide rails slidably supporting the pull-out body (“long fixed rail units (1041, 1042) described later are fixed, respectively, to the side walls of the casing (1055). Long movable rail units 1031, 1032 that are slidable with respect to the fixed rail units (1041, 1042), respectively, are fixed to the drawer unit 1020” paragraph [0147]), wherein:
the pull-out body includes a lid portion (1021 and 1022);
the lid portion includes a see-through window portion configured to make the accommodation space visible (“a glass window 1022 is provided through which the inside of the container 1023 can be viewed from the outside” paragraph [0146]);
the first space includes:
a first air deflecting plate configured to guide a part of a blown air flow, blown out be the fan, to a first slide rail of the pair of slide rails (Figure 17 shows rear wall 1052 of inner casing 1050 extends to a first plate which deflects air to opening 1056 and a first slide rail. “air fed out by the fan 1064 flows in the directions indicated by F1 and F2 in the drawings” paragraph [0171]), and
a second air deflecting plate configured to guide another part of the blown air flow to a second slide rail of the pair of slide rails (Figure 17 shows rear wall 1052 of inner casing 1050 extends to a second plate which deflects air to opening 1058 and a second slide rail. “air fed out by the fan 1064 flows in the directions indicated by F1 and F2 in the drawings” paragraph [0171]), and
the first air deflecting plate and the second air deflecting plate protrude from an outer surface of a rear wall of the heating cooking chamber (“The inner casing 1050 has… a rear wall 1052” paragraph [0149]).
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Nasu does not disclose the see-through window portion includes at least three glass plates, the at least three glass plates include:
a heat-ray reflecting glass configured to reflect heat rays,
a first glass plate located proximate to the accommodation space, and
a second glass plate located opposite the accommodation space,
wherein, among the at least three glass plates, the first glass plate is located closest to the accommodation space, and
the heat-ray reflecting glass is located adjacent to the first glass plate;
wherein the at least three glass plates are arranged side by side in a line at intervals along a pull-out direction of the pull-out body;
wherein the heat-ray reflecting glass includes:
a glass substrate, and
a heat-ray reflective film formed on one side of the glass substrate,
the heat-ray reflective film reflects the heat rays and
the heat-ray reflecting glass is disposed, such that the heat-ray reflective film of the heat-ray reflecting glass is located proximate to the accommodation space.
However, BSH teaches the see-through window portion includes:
at least three glass (“glass panes” paragraph [0011]) plates and a microwave-radiation reflecting plate (“An inner pane 1, a perforated mask 2, a middle pane 3, an outer pane 4” paragraph [0014]. All citations from machine translation appended to foreign reference), the at least three glass plates include:
a heat-ray reflecting glass configured to reflect heat rays (“the perforated mask 2 is arranged between the inner pane 1 and the outer pane 3 and the middle pane 3 is vapor-coated with a transparent metal layer on the cooking chamber side, prevents the escape of microwave energy in the window area of the oven door as a result of this arrangement, wherein the heat radiation hitting the see-through window is also reflected towards the cooking chamber” paragraph [0016] emphasis added),
a first glass plate located proximate to the accommodation space (“an inner pane 1” paragraph [0016]), and
a second glass plate located opposite the accommodation space (“an outer pane 4” paragraph [0016]),
wherein, among the at least three glass plates, the first glass plate is located closest to the accommodation space (“the basic energy flow direction from the cooking chamber 6 to the see-through window are shown” paragraph [0014]), and
the heat-ray reflecting glass is located adjacent to the first glass plate (1 and 3 are adjacent plates);
wherein the at least three glass plates are arranged side by side in a line at intervals along an opening direction of the body (See figure);
wherein the heat-ray reflecting glass includes:
a glass substrate (“middle pane 3” paragraph [0014]), and
a heat-ray reflective film formed on one side of the glass substrate (“The transparent metallic layer can be vapor-deposited onto the middle pane 3 or applied using thin-film technology” paragraph [0016]),
the heat-ray reflective film reflects the heat rays (“the heat radiation hitting the see-through window is also reflected towards the cooking chamber” paragraph [0016]), and
the heat-ray reflecting glass is disposed, such that the heat-ray reflective film of the heat-ray reflecting glass is located proximate to the accommodation space (“the middle pane 3 is vapor-coated with a transparent metal layer on the cooking chamber side” paragraph [0016]).
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In view of BSH’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the at least three glass plates microwave-radiation reflecting plate as taught in BSH, in the heating cooking apparatus disclosed by Nasu because BSH states “the see-through window is microwave-resistant and, at the same time, the heat radiation emanating from the thermal heater and directed onto the see-through window is reflected back into the cooking chamber” (paragraph [0013]) and “Such an arrangement of a see-through window results in a relatively low temperature on the outer pane in combination oven operation and is characterized by an overall significantly reduced microwave leakage energy” (paragraph [0016]). Therefore, including the configuration taught by BSH will provide improve microwave-resistance in the window, heat retention, and a cooler outer surface for improved safety in Nasu.
Regarding claim 6, Nasu, as modified by BSH, discloses the pull-out heating cooking apparatus according to claim 1, wherein the heat supplier includes a grill unit configured to supply heat radiation into the accommodation space (“a top heater 1071 and a bottom heater 1072” paragraph [0051]).
Regarding claim 9, Nasu, as modified by BSH, discloses the pull-out heating cooking apparatus according to claim 1, further comprising; a microwave supplier configured to supply a microwave into the accommodation space (“a waveguide 1061 for propagating the microwave generated at a magnetron (1063) described later into the heating chamber 1013 is provided” paragraph [0150]).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nasu, in view of BSH, and further in view of Jeong (US 8461488 B2), hereinafter Jeong.
Regarding claims 7 and 8, Nasu, as modified by BSH, discloses the pull-out heating cooking apparatus according to claim 1.
Nasu, as modified by BSH, does not disclose:
wherein the heat supplier includes an air sending unit configured to supply hot air into the accommodation space;
wherein the air sending unit includes a first air sending unit and a second air sending unit.
However, Jeong teaches:
wherein the heat supplier includes an air sending unit configured to supply hot air into the accommodation space;
wherein the air sending unit includes a first air sending unit and a second air sending unit (“A plurality of convection assemblies 100 and 200 are provided at the rear of the cavity 11 to discharge heated air into the cavity 11” column 3, line 17).
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In view of Jeong’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein the heat supplier includes an air sending unit configured to supply hot air into the accommodation space;
wherein the air sending unit includes a first air sending unit and a second air sending unit as is taught in Jeong, in the heating cooking apparatus disclosed by Nasu because Jeong states “Embodiments also provide an oven that heats air with a plurality of convection heaters to expedite cooking of food” (column 1, line 28). Therefore, including the air sending units taught by Jeong will expedite cooking in Nasu.
Allowable Subject Matter
Claim 3 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 3 recites “a first air supply hole portion configured to guide, to the second space, the part of the blown air flow guided to the first slide rail of the pair of slide rails, and a second air supply hole portion configured to guide, to the second space, the other part of the blown air flow guided to the second slide rail of the pair of slide rails.” The closest prior art found to this limitation is Kuttalek (DE 10349313 A1). Kuttalek teaches a first air supply hole portion configured to guide, to the second space, a part of the air flow, and a second air supply hole portion configured to guide, to the second space, another part of the air flow (“in each of the two sidewalls 16 slit-like and elongated flow openings 20 incorporated, which is about in the upper third of the door 8th are arranged” all citations from the machine translation appended to the foreign reference). However, Kuttalek fails to teach that the air is blown air guided to the first and second side rails. Therefore, these limitations, when combined with every other limitation of the claim, distinguishes claim 3 from the prior art.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Riemer (NO 770418 L) “between the outer covering of the door (25) and its recess (26) there are arranged several high temperature resistant glass slices (221, 222, 223) behind each other in the area of a window recess (22), at least one of the outer discs (222, 223) is heat-reflecting, and a microwave-resilient hole mask (261) is provided in front of the first heat-reflecting disk (222)”
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Kim (US 20050127060 A1)
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Belliveau (US 3370155 A) “It has further been found that uniformity can be maximized by providing a pair of inner infrared reflective glass sheets 64 between tempered glass sheets 66 in the door, indicated generally at 68. The sheets 64 and 66 are each separated from the adjacent sheet by an aluminum spacer 68” column 2, line 25
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Redelsperger (FR 2788841 A1)
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Kim (WO 2008032897 A1) “the rear frame 160 may further comprise an opening 162 for communicating the lateral space 500. The opening 162 enables a direct air flow from the rear space 400 to the lateral space 500 and creates air flow to both sides of the rear space 400, thereby promoting the cooling process and the air flow onto both sides of the rear space 400” paragraph [56] and “cover 290 is a cover for the door 200 located towards the cooking cavity 100, and has an opening 291 formed on its upper side in correspondence to the opening 151 of the front frame 150” paragraph [45] and “the air flow that comes through the opening 291 of the choke cover 290 travels between the front plate 220 and the middle plate 260 being guided by the bracket 270, and is vented through the outlet 242 formed in the bottom surface of the door panel 240” paragraph [60]
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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 LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762