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 .
Response for Election/Restrictions
Applicant's election without traverse of Group I (claims 1-11) in the reply filed on 09/24/2025 is acknowledged. Non-elected Group II (claims 12-20) is withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/25/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 3 is objected to because of the following informalities:
In claim 3: the limitation: "a food product" as cited in line 2, should be changed to --the food product--. Correction is required.
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 –
(a1) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-5 are rejected under 35 U.S.C. 102(a1) as being anticipated by Yamanaka et al. (US 4272669).
Regarding claim 1, Yamanaka discloses
A cooking system (heater 1, fig.1) comprising:
a probe (heating member 3, fig.1) configured to be inserted into a food product (foodstuffs 6, fig.1); and
a power source (power source, line 30, Col.2) that when activated is configured to increase a temperature of the probe (heating member 3) to a preconfigured temperature such that the temperature of the probe (heating member 3) is a function of an amount of power supplied by the power source (power source, line 30, Col.2) [Col. 2, lines 28-35 cited: “…a main switch 7 used to close or open a circuit between the heat emitter 5 and the power source, a display lamp 8 adapted to glow to indicate that the main switch 7 is in the ON, status, a temperature adjusting knob 9 used to adjust the amount of heat generated by the heat emitter 5 and a plug 10 for the power source connection of the heater 1…”].
Regarding claim 2, Yamanaka discloses
a heat element (heat emitter 5, fig.2) housed within a body of the probe (heating member 3, fig.1), the heat element (heat emitter 5) in communication with the power source for powering the heat element (heat emitter 5) when the power source (power source, line 30, Col.2) is activated, wherein, when activated, the power source (power source) is configured to supply the amount of power to the heat element (heat emitter 5) such that the heat element (heat emitter 5) raises the temperature of the probe (heating member 3) to the preconfigured temperature.
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Regarding claim 3, Yamanaka discloses
the probe (heating member 3, fig.1) includes a distal end portion (top portion of heating member 3) for aiding insertion of the probe (heating member 3, fig.1) into the food product (foodstuffs 6, fig.1).
Regarding claim 4, Yamanaka discloses
the heat element (heat emitter 5, fig.2) is a cartridge heater [heat emitter 5 is considered as cartridge heater].
Regarding claim 5, Yamanaka discloses
the probe (heating member 3, fig.1) includes a proximal end portion (bottom portion of heating member 3, fig.1) having a stop member (fitting plate 4, figs.1-2), the stop member (fitting plate 4) having a diameter greater than a diameter of the body so as to help prevent the probe (heating member 3) from being over-inserted into the food product (foodstuffs 6, fig.1).
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. (US 4272669) in view of Doganay et al. (US 20200281400 A1).
Regarding claim 6, Yamanaka discloses substantially all the features as set forth above, such as the probe, but does not disclose at least one thermistor.
Doganay discloses a cooking system (heater 1, fig.1) comprising: a probe (probe 5, fig.2) includes at least a thermistor (sensor 8, fig.2) [sensor, Par.0007 cited: “… cooker comprises a sensor that is disposed at the probe end. By means of the sensor, temperature and/or humidity data can be received from the food …”].
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by including a thermistor, as taught by Doganay, in order to measure a temperature of the food product.
Regarding claim 7, Doganay discloses
the probe (probe 5, fig.2) includes a first heating probe body (probe 5, fig.2) and a separate, first temperature sensing probe body (one of plurality of sensor 8, fig.2) [sensor, Par.0007 cited: “… cooker comprises a sensor that is disposed at the probe end. By means of the sensor, temperature and/or humidity data can be received from the food …”].
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by including a first temperature sensing probe body, as taught by Doganay, in order to measure a temperature of the food product.
Regarding claim 8, Doganay discloses
the probe (probe 5, fig.2) includes a second temperature sensing probe body (one of plurality of sensor 8, fig.2) [sensor, Par.0007 cited: “… cooker comprises a sensor that is disposed at the probe end. By means of the sensor, temperature and/or humidity data can be received from the food …”].
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by including a second temperature sensing probe body, as taught by Doganay, in order to measure a temperature of the food product.
Regarding claim 9, Doganay discloses
the power source is included in an oven (cooker 1, fig.1, is an oven).
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by including an oven, as taught by Doganay, in order to house the food product.
Regarding claim 10, Doganay discloses
the oven (cooker 1, fig.1) includes a control panel (control unit 9, fig.1).
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by including a control panel, in order to set the preconfigured temperature and activating the power source.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. (US 4272669) in view of Chu (US 20190049314 A1).
Regarding claim 11, Yamanaka discloses substantially all the features as set forth above, such as the probe, but does not disclose a battery.
Chu discloses a probe comprising: a battery (power source 1530, fig.15A) [Par.0088 cited: “…Power source 1530 may be a rechargeable battery or a supercapacitor…”].
It would have been obvious to one of ordinary skill in the art before the invention was made to modify a probe of Yamanaka’s invention, by using a battery, as taught by Chu, in order to provide a power source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
10/11/2025