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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/1/2025 has been entered.
Examiner’s Notes
The examiner included further pertinent art in the conclusion section of the office action herein.
Response to Arguments
II. Objections to the claims
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
The objections still stand, claims 1 and 8 are substantial duplicates of each other with the exception of calculating the duty cycle to be on vs off.
III. Rejections under 35 USC 112
Applicant’s arguments, filed 12/1/2025, with respect to 35 U.S.C 112(a) for claims 1, 8, and 14 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 10/2/2025 have been withdrawn because the claims were amended.
Applicant’s arguments, filed 12/1/2025, with respect to 35 U.S.C 112(a) for claims 1, 8, and 14 regarding “indicative” have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 10/2/2025 have been withdrawn because the claims were amended.
IV. Rejections under 35 USC 101
Applicant’s arguments, filed 12/1/2025, with respect to 35 U.S.C 101 for claims 1 and 8 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 10/2/2025 have been withdrawn because the claims were amended.
Applicant’s arguments, filed 12/1/2025, with respect to 35 U.S.C 101 for claims 14 has been fully considered and are moot in light of the recent amendments to the claims. The rejection of 10/2/2025 has been withdrawn because the claims were cancelled.
V. Rejections under 35 USC 102
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
The examiner respectfully believes that the claims of the instant application are still be read on by Park. The applicant argues that Park fails to disclose adjusting between duty cycles. While Park may seek to maintain an average power level, Park does this by controlling the duty cycle with on and off periods as well as adjusting the power levels P1-P3 of the heating element 16. This is consistent with the disclosure of the instant application.
Regarding the applicant’s arguments towards Park teaching performing a method after a temperature probe is disconnected. The examiner respectfully argues that the referenced embodiment of Park also is capable of calculating power levels in a predicative manner after a temperature probe is disconnected is still relevant to teach the disclosure of the instant application because the function or method of Park still accomplishes the method of the disclosure of the instant application which is interpreted by the examiner to be calculating power levels and on and off times to create duty cycles.
Claim Objections
Applicant is advised that should claim 1-7 be found allowable, claims 8-13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1, and 8 the recitation of “receiving, by the controller, a power level setting change of the heating element during a first on semi-cycle duration of a first duty cycle of the plurality of duty cycle, the power level setting change of the heating element corresponding to a second duty cycle ratio of the heating element” is considered new matter because the specification of the instant application does not disclose how or that a power level setting change is received by the controller, par. 27 only discloses that a user sets a desired power level and that the cooking algorithm can change the power level at any time during the duty cycle but does not discuss a power level setting change.
Regarding claims 1, and 8 the recitation of “a second duty cycle ratio” is considered new matter because the specification of the instant application does not disclose a second duty cycle ratio and only discloses a second duty cycle.
Claims 2-7, and 9-13 are also rejected due to their dependence to one or more of the above rejected independent claims.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claims 1, and 8 the recitation of “receiving, by the controller, a power level setting change of the heating element during a first on semi-cycle duration of a first duty cycle of the plurality of duty cycle, the power level setting change of the heating element corresponding to a second duty cycle ratio of the heating element” is unclear how the controller receives the power level setting change because the specification of the instant application does not disclose how or that a power level setting change is received by the controller, par. 27 only discloses that a user sets a desired power level and that the cooking algorithm can change the power level at any time during the duty cycle but does not discuss a power level setting change.
Claims 2-7, and 9-13 are also rejected due to their dependence to one or more of the above rejected independent claims.
Claim Rejections - 35 USC § 102
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.
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)(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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US10641497B2 Park.
Regarding claim 1, Park teaches, A method of operating a cooking appliance (range appliance 10), the cooking appliance comprising a heating element (heating element 16) and a controller (controller 52)in operative communication with the heating element (heating element 16), the method comprising:
initiating, by the controller of the cooking appliance, a cooking operation, operating the heating element for a plurality of duty cycles, wherein each duty cycle of the plurality of duty cycles comprises an on semi-cycle duration and an off semi-cycle duration, wherein each duty cycle of the plurality of duty cycles comprises activating the heating element for the on semi-cycle duration of the respective duty cycle followed by deactivating the heating element for the off semi-cycle duration of the respective duty cycle (claim 1 teaches “initiating a duty cycle when the monitored temperature reaches the temperature setting, the duty cycle comprising monitoring the temperature with the temperature sensor, calculating a difference between the monitored temperature and the temperature setting” which his P1 for a duration Tp1; column 1 lines 49 to 67, column 2 lines 1 to 63);
receiving by the controller, a power level setting change of the heating element during the a first on semi-cycle duration of a first duty cycle of the plurality of duty cycle (claim 1 teaches “calculating a difference between the monitored temperature and the temperature setting, operating the electric heating element over a first period of time at multiple distinct power levels based at least in part on the calculated difference between the monitored temperature and the temperature setting” and the transition to P2 for time Tp2 is a power level change and column 7 lines 38 through 67 and column 8 lines 1 through 10), the power level setting change of the heating element corresponding to a second duty cycle ratio of the heating element (P2 is a power level change) (column 7 lines 38 through 67 and column 8 lines 1 through 10);
comparing by the controller, the first duty cycle to the second duty cycle ratio in response to the power level setting change (claim 1 teaches “calculating a difference between the monitored temperature and the temperature setting, operating the electric heating element over a first period of time at multiple distinct power levels based at least in part on the calculated difference between the monitored temperature and the temperature setting, and deactivating the electric heating element for a second period of time based at least in part on the calculated difference between the monitored temperature and the temperature setting; storing the first period of time in a memory of the controller; storing an average of the multiple distinct power levels in the memory of the controller” and column 7 lines 38 through 67 and column 8 lines 1 through 47 teach the operation and calculation for changing from power levels P1 to P2);
determining, with the controller, a passed time of the first on semi-cycle of the first duty cycle, and a new time of the second duty cycle ratio (column 8 lines 39 through 46 teach “The controller 52 may be configured for storing the first period of time, e.g., the on duration, associated with the one or more sampled periods. The controller 52 may be configured for storing an average of the multiple distinct power levels, e.g., P1, P2, and/or P3, in the memory 60. The controller 52 may also be configured for storing the second period of time, e.g., the off duration, in the memory 60” which are on and off semi cycles and the duration is a time period);
calculating, by the controller, an additional on semi-cycle duration of the first on semi-cycle duration of the first duty cycle based at least in part on the passed time of the first on semi-cycle duration of the first duty cycle and the new time of the second duty cycle ratio (column 9 lines 37 through 55 teaches determining a time interval between a high and low level of a duty cycle);
and operating, by the controller, the heating element at the second duty cycle ratio in response to the additional time passing (column 9 lines 48 through 55 teaches determining a minimum and maximum value which are states and column 9 lines 37 through 55 teach determining power levels between Phigh, Plow and Pend which are states which are adjusted based on time input by a user).
Regarding claims 2 and 9, Park teaches,
wherein the cooking appliance is one of an oven, a range, and a cooktop (fig. 1 range appliance 10).
Regarding claims 3 and 10, Park teaches,
wherein the cooking appliance comprises a heating element is one of an electrical calrod, a coil, a convection heater, and a gas burner (range appliance 10 per fig. 1 and column 3 lines 44 through 47 teach “Thus, the present subject matter may be used with other range 10 and/or cooktop appliance 12 configurations, e.g., double oven range appliances, standalone cooktop appliances, cooktop appliances without an oven, etc.”).
Regarding claims 4 and 11, Park teaches,
wherein an initial power level is set when initiating the cooking operation (claim 1 teaches “initiating a preheat cycle, the preheat cycle comprising operating the electric heating element at a predetermined power level corresponding to the temperature setting and monitoring a temperature with a temperature sensor until the monitored temperature reaches the temperature setting”).
Regarding claims 5 and 12, Park teaches,
further comprising determining an end of the cooking operation in response to one of a user input and expiration of a timer (claim 4 teaches “wherein the controller is configured for generating the temperature setting in response to a user input received via the user interface”).
Regarding claims 6 and 13, Park teaches,
further comprising, after adjusting the power level setting change and the state of the second duty cycle, determining another power level setting change (claim 1 teaches “initiating a duty cycle when the monitored temperature reaches the temperature setting, the duty cycle comprising monitoring the temperature with the temperature sensor, calculating a difference between the monitored temperature and the temperature setting, operating the electric heating element over a first period of time at multiple distinct power levels based at least in part on the calculated difference between the monitored temperature and the temperature setting, and deactivating the electric heating element for a second period of time based at least in part on the calculated difference between the monitored temperature and the temperature setting; storing the first period of time in a memory of the controller; storing an average of the multiple distinct power levels in the memory of the controller; storing the second period of time in the memory of the controller; detecting a disconnection of the temperature sensor; after detecting the disconnection of the temperature sensor operating the heating element at the stored average power level for a duration of time equal to the stored first period of time; and deactivating the heating element for a duration of time equal to the stored second period of time” and column 9 lines 48 through 55 teaches determining a minimum and maximum value which are states and column 9 lines 37 through 55 teach determining power levels between Phigh, Plow and Pend which are states which are adjusted based on time input by a use).
Regarding claims 7, Park teaches,
further comprising adjusting, with the controller, the power level setting change and the state of the second duty cycle in response to the passed time of the first duty cycle being greater than or equal to the new time of the second duty cycle (claim 10 teaches “wherein the controller is further configured for generating a temperature setting, wherein the step of adjusting the power level is based at least in part on the temperature setting and the step of deactivating the electric heating element for the second period of time is based at least in part on the temperature setting”).
Regarding claims 8, Park teaches, A method of operating an appliance (range appliance 10), the appliance comprising a heating element and a controller in operative communication with the heating element (heating element 16), the method comprising:
initiating, by the controller (controller 52) of the appliance, an operation, the operation comprising operating the heating element for a plurality of duty cycles, wherein each duty cycle of the plurality of duty cycles comprises an on semi-cycle duration and an off semi-cycle duration, wherein each duty cycle of the plurality of duty cycles comprises activating the heating element for the on semi-cycle duration of the respective duty cycle followed by deactivating the heating element for the off semi-cycle duration of the respective duty cycle (claim 1 teaches “initiating a duty cycle when the monitored temperature reaches the temperature setting, the duty cycle comprising monitoring the temperature with the temperature sensor, calculating a difference between the monitored temperature and the temperature setting” which his P1 for a duration Tp1; column 1 lines 49 to 67, column 2 lines 1 to 63 teach activating and deactivating the heating element for a period of time);
receiving, by the controller, a power level setting change of the heating element during the a first off semi-cycle duration of a first duty cycle of the plurality of duty cycle (claim 1 teaches “calculating a difference between the monitored temperature and the temperature setting, operating the electric heating element over a first period of time at multiple distinct power levels based at least in part on the calculated difference between the monitored temperature and the temperature setting” and the transition to P2 for time Tp2 is a power level change and column 7 lines 38 through 67 and column 8 lines 1 through 10), the power level setting change of the heating element corresponding to a second duty cycle ratio of the heating element (P2 is a power level change) (column 7 lines 38 through 67 and column 8 lines 1 through 10);
comparing, by the controller, the first duty cycle ratio to the second duty cycle in response to the power level setting change (claim 1 teaches “calculating a difference between the monitored temperature and the temperature setting, operating the electric heating element over a first period of time at multiple distinct power levels based at least in part on the calculated difference between the monitored temperature and the temperature setting, and deactivating the electric heating element for a second period of time based at least in part on the calculated difference between the monitored temperature and the temperature setting; storing the first period of time in a memory of the controller; storing an average of the multiple distinct power levels in the memory of the controller” and column 7 lines 38 through 67 and column 8 lines 1 through 10 teach the operation and calculation for changing from power levels P1 to P2);
determining, with the controller, a passed time of the first on semi-cycle of the first duty cycle, and a new time of the second duty cycle ratio (column 8 lines 39 through 46 teach “The controller 52 may be configured for storing the first period of time, e.g., the on duration, associated with the one or more sampled periods. The controller 52 may be configured for storing an average of the multiple distinct power levels, e.g., P1, P2, and/or P3, in the memory 60. The controller 52 may also be configured for storing the second period of time, e.g., the off duration, in the memory 60” and column 9 lines 37 through 55 teaches determining a time interval between a high and low level of a duty cycle);
calculating, by the controller, an additional off semi-cycle duration of the first off semi- cycle duration of the first duty cycle based at least in part on the passed time of the first off semi- cycle duration of the first duty cycle and the new time of the second duty cycle ratio (column 9 lines 37 through 55 teaches determining a time interval between a high and low level of a duty cycle); and
operating, by the controller, the power level change of the heating element and a state of the second duty cycle in response to completion of the state of the first duty cycle (column 9 lines 48 through 55 teaches determining a minimum and maximum value which are states and column 9 lines 37 through 55 teach determining power levels between Phigh, Plow and Pend which are states which are adjusted based on time input by a user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8274020 B2 Donarski
Column 6 lines 39 to 52
Column 7 lines 39 to 67 and column 8 lines 1 to 58
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761