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 .
This office action is responsive to the amendment filed on 01/07/2026. As directed by the amendment: claims 7-8, 13, 21, and 32-34 have been amended, no claims have been withdrawn, claims 1-2, 17-20, 22-29, have been cancelled, and no new claims have been added. Thus, claims 3-16, 21, and 30-37 are presently under consideration in this application.
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) is/are: “a temperature control device” in claim 3.
Because this/these claim limitation(s) is/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.
Paragraph [0008] discloses the heating system has a heating circuit including a heating element in a heat transfer relationship with the upper panel of the shelf body and a temperature control device. The heating element is electrically connected to the temperature control device. The heating element is supported within the interior space of the shelf body and is offset a distance from the upper panel so that heat generated by the heating element is transferred to the upper panel primarily by way of radiant heat transfer.
Paragraph [0009] discloses the temperature control device for the heated shelf is configured to enable or interrupt electrical power to the heating element. The temperature control device includes a thermostat electrically connected to heating element that has a temperature sensor probe disposed in the interior space of the shelf body, a thermostat switch and a user control configured to establish a temperature setting of the thermostat comprising a desired temperature for the support surface.
Paragraph [0067] discloses the heating system 16 of the heated shelf assembly 10 is best seen at FIGs. 3, 4 and 6-7. The heating system 16 is disposed substantially within the interior space of the body 12. The heating system 16 operates to generate the heat that increases the temperature of the heated shelf assembly 10 (and, specifically, the support surface 14 of the upper panel 20) to a desired temperature above the ambient temperature (e.g., up to about 200"F (93"C)). The heating system 16 can comprise a heating circuit 16a that can include one or a plurality of heating elements 28 (e.g., a heater coil(s)) and a temperature control device 30. The heating element(s) 28 and temperature control device 30 can be electrically connected to one another and to the power control 18.
Paragraph [0068] discloses as seen in FIGs. 1-4, a temperature control device 30 is included and is operable to control a temperature setting for the heated shelf assembly 10. As shown, the temperature control device 30 can include an adjustable thermostat 32 having a user accessible control dial 33 for setting a desired temperature for the heated shelf assembly 10. The temperature control device 30 is operably electrically connected to the heating element(s) 28 of the heating system 16. Thus, the temperature control device 30 is operable to allow or interrupt electrical power to the heating element(s) 28.
Paragraph [0074] discloses it should also be understood that the temperature control device 30 may incorporate an adjustable thermostat having a digital (rather than analog) control and/or incorporating other types of temperature probes (e.g., a thermistor). Additionally or alternatively, the temperature control device 30 may incorporate a thermostat operable according to a fixed (rather than adjustable) temperature setting.
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 § 103
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 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.
Claim(s) 3-5 and 31-34 are rejected under 35 U.S.C. 103 as being unpatentable over Wisner et al. (US 20080213449) in view of Clothier (US 20130015177).
Regarding claim 3, Wisner discloses a self-contained, heated shelf 12 (fig. 1, i.e. also called a tray) for warming food items (¶ 0001, i.e. pre-cooked and pre-packaged frozen meals and food items; abstract), comprising:
a shelf body (not labeled, see figure 3) defining an interior space (not labeled, i.e. an interior space of the tray 12) and comprising a support surface (see figure 3, i.e. the upper surface plate 16) configured to support the food items (i.e. pre-cooked and pre-packaged frozen meals and food items);
a heating system (see figure 3) disposed substantially within the interior space of the shelf body, the heating system configured to generate heat to increase a temperature of the support surface (i.e. the upper surface plate 16) to a desired temperature above an ambient temperature (¶ 0031, 0035, 0037); and
a power control (i.e. using controller 23 to maintain power/temperature);
wherein the shelf body (not labeled, see figure 3) further comprises an upper panel (16) and a lower panel (18) attached to the upper panel (16) and enclosing the interior space of the shelf body, wherein an upper side of the upper panel (16) comprises the support surface (¶ 0042-0043);
wherein the heating system (see figure 3) comprises a heating circuit (55) comprising a heating element (20) in a heat transfer relationship with the upper panel (16) of the shelf body and a temperature control device 22 (fig. 3, i.e. a temperature sensor or a thermistor or a thermocouple), wherein the heating element (20) is electrically connected to the temperature control device (¶ 0033, 0038);
wherein the heating element (20) is supported within the interior space of the shelf body so that heat generated by the heating element (20) is transferred to the upper panel (16) (¶ 0035-0036);
wherein the temperature control device 22 (fig. 3, i.e. a temperature sensor or a thermistor or a thermocouple) is configured to enable or interrupt electrical power to the heating element (20) and comprises:
a thermostat electrically connected to heating element, the thermostat comprising:
a temperature sensor probe (i.e. called a non-contacting temperature probe) disposed in the interior space of the shelf body (¶ 0036); a thermostat switch (¶ 0043-0044); and
a user control (i.e. using controller 23) configured to establish a temperature setting of the thermostat comprising a desired temperature for the support surface (¶ 0004-0005, 0031, 0038, 0043, 0047);
wherein the temperature sensor probe (i.e. called a non-contacting temperature probe) is in thermal communication with the upper panel (16) of the shelf body and configured to detect the temperature of the support surface (i.e. the upper surface plate 16) and provide a signal response to the thermostat switch (¶ 0038);
wherein the thermostat switch is configured to receive the signal response from the temperature sensor probe (i.e. called a non-contacting temperature probe) and to OPEN or CLOSE based upon the temperature setting of the thermostat (¶ 0036, 0041, 0047, 0049);
wherein the heating circuit (55) further comprises a temperature sensitive fuse (i.e. a heater fuse, a circuit element protection in case of over heat and/or the heater has burned out.) disposed between the thermostat (¶ 0036-0037, 0049) and the heating element (20) and in thermal communication with the upper panel (16) of the shelf body (¶ 0037-0038); and
wherein the temperature sensitive fuse is configured to interrupt power to the heating element (¶ 0049).
Wisner discloses all the limitations of the claimed invention as set forth above, except for wherein the temperature sensitive fuse is configured to OPEN if the temperature of the support surface increases beyond a predetermined threshold temperature.
However, Clothier teaches wherein the temperature sensitive fuse (86) is configured to OPEN if the temperature of the support surface increases beyond a predetermined threshold temperature (¶ 0040).
The combination of references are analogous art because they are from the same field of endeavor of food heating/warming. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner and Clothier before him or her, to include such sensitive fuse of Clothier because it provides a further backup mechanism in the event of untoward high temperatures experienced by the heating element and pan, significantly above the operational temperature. The suggestion/motivation for doing so would have been obvious because it prevents any further Joule heating of the heating element and catastrophic high temperature ¶ (0040).
With respect to claim 4, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above in claim 3 of which Wisner further discloses wherein the shelf body (not labeled, see figure 3) further comprises a plurality of sidewalls (104, 108) integrally formed with the upper panel (16).
With respect to claim 5, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above of which Wisner further discloses wherein the power control comprises a power switch attached at a sidewall of the shelf body and extending through an opening in the sidewall (0043-0044); and a power cord (not labeled, see bottom side of figure 4) extending through another opening formed near a periphery of the lower panel of the shelf body (¶ 0042).
With respect to claim 31, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above in claim 3 of which Wisner further discloses a metal tray 37 (fig. 3) positioned intermediate the upper (16) and lower (18) panels of the shelf body (not labeled) and comprising a peripheral lip (i.e. a frame 14) to locate the tray (37) within the interior space of the shelf body (see figure 3); wherein the heating element (20) is disposed on an upper side of the tray (37) and spaced a distance from the upper panel (16) and not in direct contact (see figure 3) with the upper panel (16); wherein the tray (37) diffuses the heat generated by the heating element (20); and wherein the heat generated by the heating element (20) is transferred to the upper panel (16) primarily by way of radiant heat transfer (¶ 0035).
With respect to claim 32, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above in claim 31 of which Wisner further discloses an insulation material (43, i.e. called a fish paper) disposed between the heating element (20) and the lower panel (18) of the shelf body and configured to substantially reduce heat transfer from the heating element (20) to the lower panel of the shelf body (¶ 0035).
With respect to claim 33, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above in claim 3 of which Wisner further discloses a metal diffuser plate (37) disposed between the heating element (20) and an interior surface of the upper panel (16) of the shelf body; wherein an upper surface of the diffuser plate (37) is attached to the interior surface of the upper panel (16) of the shelf body and the heating element (20) is attached to a lower surface of the diffuser plate (37); wherein the diffuser plate (37) is thermally coupled to the heating element (20) and thermally coupled to the upper panel (16) of the shelf body; and wherein the diffuser plate (37) is configured to uniformly distribute the heat generated by the heating element (20) to the upper panel (16) primarily by way of conductive heat transfer (¶ 0035).
With respect to claim 34, Wisner in view of Clothier discloses the limitations of the claimed invention as set forth above in claim 33 of which Wisner further discloses an insulation material (43, i.e. called a fish paper) disposed between the heating element (20) and the lower panel (18) of the shelf body and configured to substantially reduce heat transfer from the heating element (20) to the lower panel (18) of the shelf body (¶ 0035).
Claim(s) 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wisner et al. (US 20080213449) in view of Clothier (US 20130015177) as applied to claim 3 above, and further in view of Goldberg (US 7,059,484).
Regarding claim 6, Wisner et al. in view of Clothier discloses all the limitations of the claimed invention as set forth above including wherein the shelf body is generally rectangular and comprises four corners (see figure 1); wherein the shelf body further comprises a corner mounting structure located at each of the four corners of the shelf body (not labeled, see figure 3); except for wherein each corner mounting structure comprises a bracket including an aperture extending therethrough and having a conical inner surface configured to enable the heated shelf to be attached to a support.
However, Goldberg teaches wherein each corner (18) mounting structure comprises a bracket (42) including an aperture (not labeled) extending therethrough and having a conical inner surface configured to enable the heated shelf to be attached to a support (see figures 3 and 6) (col. 3, lines 4-55). The combination of references are analogous art because they are from the same field of endeavor of a shelving system. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner in view of Clothier and Goldberg before him or her, include such a shelving system of Goldberg because support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture. Further, the materials should be resistant to corrosion and easily cleaned. A plurality of circumferential grooves, spaced apart at substantial regular intervals, are formed on support posts. The suggestion/motivation for doing so would have been obvious because it provides an inexpensive, lightweight vertical shelving system capable of being very easily assembled and disassembled (col. 4, lines 10-13).
With respect to claim 7, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 6 of which Goldberg further discloses at least four support posts 20 (figs. 1 and 2), each support post (20) extending vertically along a longitudinal axis (not labeled, see figure 2, i.e. a vertical direction); and at least four mounting collars (24), one mounting collar attached to each support post (20) and each mounting collar (24) comprising a conical outer surface (see figure 3 at reference 26 and/or 28); wherein the conical inner surface of the aperture of the bracket (42) of each corner mounting structure of the at least one heated shelf engages the conical outer surface (see figure 3 at reference 26 and/or 28) of a corresponding mounting collar (24) to support the at least one heated shelf on the support posts (20); wherein the at least one heated shelf is selectively positioned at a first one of a plurality of vertical locations along the support posts (20); and wherein the at least one heated shelf is repositioned to a second one of the plurality of vertical locations along the support posts (20).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner in view of Clothier and Goldberg before him or her, include such a shelving system of Goldberg because support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture. Further, the materials should be resistant to corrosion and easily cleaned. A plurality of circumferential grooves, spaced apart at substantial regular intervals, are formed on support posts. The suggestion/motivation for doing so would have been obvious because it provides an inexpensive, lightweight vertical shelving system capable of being very easily assembled and disassembled (col. 4, lines 10-13).
With respect to claim 8, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 7 of which Goldberg further discloses wherein the conical inner surface (see figure 3 at reference 26 and/or 28) of the aperture of the bracket (42) of each corner mounting structure of each heated shelf of the plurality of heated shelves engages the conical outer surface of a corresponding mounting collar (24) to support each heated shelf of the plurality of heated shelves on the support posts (20); wherein each heated shelf of the plurality of heated shelves is selectively positioned at one of the plurality of vertical locations along the support posts (20); and wherein each heated shelf of the plurality of heated shelves is repositioned to another of the plurality of vertical locations along the support posts (20) independent of the other heated shelves of the plurality of heated shelves (¶ 0032, i.e. the arrangement of the trays 12 may vary from application to application as desired).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner in view of Clothier and Goldberg before him or her, include such a shelving system of Goldberg because support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture. Further, the materials should be resistant to corrosion and easily cleaned. A plurality of circumferential grooves, spaced apart at substantial regular intervals, are formed on support posts. The suggestion/motivation for doing so would have been obvious because it provides an inexpensive, lightweight vertical shelving system capable of being very easily assembled and disassembled (col. 4, lines 10-13).
With respect to claim 9, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 7 of which Wisner further discloses a compartment (i.e. a space between trays 12) at least partially enclosing the support surface (see figure 3, i.e. the upper surface plate 16) of the at least one heated shelf (12), the compartment comprising: a plurality of walls (102, 104, 106, 108, 110) including a first side wall (104) and a second side wall (106), at least one door (112) and a closed unheated shelf (not shown); wherein the first side wall (104) is located at a first lateral side of the at least one heated shelf (12) and is attached to first and second support posts, and the second side wall (106) is located at a second lateral side of the at least one heated shelf (12) and is attached to third and fourth support posts; wherein the at least one door comprises a front door (112) located adjacent to a front side of the at least one heated shelf (12), wherein the front door is located adjacent to at least one of the first side wall (104) and the second side wall (106), and wherein the front door(112) is located adjacent to the support surface (see figure 3, i.e. the upper surface plate 16) of the at least one heated shelf (12); wherein the closed unheated shelf (not shown) is supported by the support posts at a vertical location above the support surface (see figure 3, i.e. the upper surface plate 16) of the at least one heated shelf (12); and
wherein the closed unheated shelf (not shown) is located adjacent to an upper end of the first side wall (104) and an upper end of the second side wall (106) (¶ 0004, 0032).
With respect to claim 10, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 9 of which Wisner further discloses a back wall (110) located adjacent to a rear side of the at least one heated shelf (12) and attached to the second and fourth support posts; and wherein the closed unheated shelf is located adjacent to an upper end of the back wall (110).
With respect to claim 11, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 9 of which Wisner further discloses wherein the at least one door (112, 114) further comprises a rear door located adjacent to a located adjacent to a rear side of the at least one heated shelf (12), wherein the rear door is located adjacent to at least one of the first side wall (104) and the second side wall (106), and wherein the rear door is located adjacent to the support surface (see figure 3, i.e. the upper surface plate 16) of the at least one heated shelf (12).
With respect to claim 12, Wisner in view of Clothier and Goldberg discloses the limitations of the claimed invention as set forth above in claim 9 of which Wisner further discloses at least one divider wall (120) positioned within the compartment (i.e. a space between trays 12) separating the compartment into at least a first region (i.e. a “left” side column of the housing 100) and a second region (i.e. a “right” side column of the housing 100); wherein the at least one divider wall (120) is attached to the closed unheated shelf (¶ 0032).
Claim(s) 13-16 and 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Wisner et al. (US 20080213449) in view of Goldberg (US 7,059,484).
Regarding claim 13, Wisner discloses a storage system 10 (fig. 1, i.e. called a thermal cabinet appliance designed to heat, re-heat or re-thermalize food products) comprising:
a heated shelf (12, i.e. also called tray) connected to and supported by the four support posts, the heated shelf (12) configured to be adjustable along the support posts (¶ 0032, i.e. the arrangement of the trays 12 may vary from application to application as desired);
wherein the heated shelf (12) comprises a heatable support surface (see figure 3, i.e. the upper surface plate 16) configured to support food items thereon (¶ 0001, i.e. pre-cooked and pre-packaged frozen meals and food items), wherein the heated shelf (12) is generally rectangular and comprises four corners (see figure 1), wherein the heated shelf (12) comprises:
a body (not labeled, see figure 3) including a plurality of panels (16, 18) fixed to each other and cooperating to define an interior space including an upper panel (16) comprising the heatable support surface (see figure 3, i.e. the upper surface plate 16) and a lower panel (18) attached to the upper panel (16);
a heating assembly (See fig. 3) disposed within the interior space of the body and configured to transfer heat to the upper panel (16) of the plurality of panels (16, 18) of the body; and
a temperature control 22 (fig. 3, i.e. a temperature sensor or a thermistor or a thermocouple) associated with one of the panels (16, 18) of the body and electrically and thermally coupled to the heating assembly (See figure 3), the temperature control (22) at least partially externally located relative to the heated shelf (12) and operable to control a temperature setting of the heatable support surface (see figure 3, i.e. the upper surface plate 16) of the heated shelf (12) (¶ 0031, 0035-0036);
wherein the heating assembly (see figure 3) includes: at least one heating element (20);
a diffuser plate (37, i.e. a layer of foil) thermally coupled to the at least one heating element (20) and to the upper panel (16) of the plurality of panels (16, 18), wherein the diffuser plate (37) is configured to uniformly distribute heat from the at least one heating element (20) to the upper panel (16) primarily by conductive heat transfer; and
an insulation material (43, i.e. called a fish paper) disposed between the at least one heating element (20) and the lower panel (18), wherein the insulation material (43) is configured to substantially reduce heat transfer from the at least one heating element (20) to the lower panel (18) (¶ 0035).
Wisner discloses all the limitations of the claimed invention as set forth above, except for four support posts; four mounting collars, one mounting collar attachable to each of the support posts, wherein the each mounting collar comprises a conical outer surface; and wherein each corner of the heated shelf is a bracket including an aperture extending therethrough and having a conically-shaped inner surface configured to engage the conical outer surface of a respective mounting collar and enable the heated shelf to be attached to a support post.
However, Goldberg teaches four support posts 20 (figs. 1 and 2); four mounting collars (24), one mounting collar (24) attachable to each of the support posts (20) (see figure 3), wherein the each mounting collar (24) comprises a conical outer surface (see figure 3 at reference 26 and/or 28); and wherein each corner (18) comprises a bracket (42) including an aperture (not labeled) extending therethrough and having a conically-shaped inner surface configured to engage the conical outer surface of a respective mounting collar (see figures 3 and 6) and enable the heated shelf to be attached to a support post (20) (col. 3, lines 4-55).
The combination of references are analogous art because they are from the same field of endeavor a shelving system. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner and Goldberg before him or her, include such a shelving system of Goldberg because support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture. Further, the materials should be resistant to corrosion and easily cleaned. A plurality of circumferential grooves, spaced apart at substantial regular intervals, are formed on support posts. The suggestion/motivation for doing so would have been obvious because it provides an inexpensive, lightweight vertical shelving system capable of being very easily assembled and disassembled (col. 4, lines 10-13).
With respect to claim 14, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above of which Wisner further discloses a power switch associated with one of the plurality of panels (16, 18) of the body and operable between an OFF mode to prevent the heated shelf (12) from being heated and an ON mode allowing the heated shelf (12) to be heated (See figure 19; ¶ 0043-0044, 0047).
With respect to claim 15, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above of which Wisner further discloses wherein the at least one heating element (20) is a heating coil (¶ 0035).
With respect to claim 16, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above of which Wisner further discloses a plurality of heated shelves (12) connected to and supported by the four support posts, wherein each heated shelf (12)is independently vertically adjustable along the four support posts (¶ 0032, i.e. the arrangement of the trays 12 may vary from application to application as desired).
With respect to claim 35, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above in claim 13 of which Wisner further discloses an unheated shelf (102) connected to and supported by the four support posts at a position above the heated shelf (12) (¶ 0032).
With respect to claim 36, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above in claim 35 of which Wisner further discloses a door assembly (112, 114) cooperating with the heated shelf (12) and the unheated shelf (102) to define a compartment (i.e. a space between trays 12), the door assembly (112, 114) configured to selectively provide access to the compartment (¶ 0032).
With respect to claim 37, Wisner in view of Goldberg discloses the limitations of the claimed invention as set forth above in claim 36 of which Wisner further discloses a divider (120) coupled to the unheated shelf and positioned beneath the unheated shelf, the divider separating the compartment into a first region (i.e. a “left” side column of the housing 100) and a second region (i.e. a “right” side column of the housing 100) (¶ 0032).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wisner et al. (US 20080213449) in view of Clothier (US 20130015177) as applied to claim 3 above, and further in view of Aoyama et al. (US 20080245783).
Regarding claim 21, Wisner et al. in view of Clothier discloses all the limitations of the claimed invention as set forth above, except for a door assembly, wherein the door assembly includes: a first door support coupled to the heated shelf and including a first lower track and a second lower track; a second door support coupled to a top shelf and including a first upper track and a second upper track; a first door having a lower end slidably received in the first lower track and an upper end slidably received in the first upper track, the first door operable between an open position in which a first region of a compartment is accessible and a closed position in which the first region of the compartment is inaccessible; and a second door having a lower end slidably received in the second lower track and an upper end slidably received in the second upper track, the second door operable between an open position in which a second region of the compartment is accessible and a closed position in which the second region of the compartment is in accessible.
However, Aoyama teaches a door assembly (see figure 3), wherein the door assembly includes: a first door support (4, 4a, i.e. a frame and support pillars) coupled to the heated shelf (10-13) and including a first lower track and a second lower track (not labeled, see figure 5 for top and bottom tracks); a second door support (4, 4a, i.e. a frame and support pillars) coupled to the top shelf and including a first upper track and a second upper track (not labeled, see figure 5 for top and bottom tracks); a first door (8, i.e. called sliding doors) having a lower end slidably received in the first lower track and an upper end slidably received in the first upper track, the first door operable between an open position in which a first region of a compartment is accessible and a closed position in which the first region of the compartment is inaccessible; and a second door (8, i.e. same reference number) having a lower end slidably received in the second lower track and an upper end slidably received in the second upper track, the second door operable between an open position in which a second region of the compartment is accessible and a closed position in which the second region of the compartment is in accessible (¶ 0029-0030, 0055-0056).
The combination of references are analogous art because they are from the same field of endeavor of food warming compartment. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner et al. in view of Clothier and Aoyama before him or her, to include such a door assembly of Aoyama because it provides a food heating warmer comprising a warming compartment, a placing section divided into a plurality of sub-sections in the warming compartment so that food is placed on the placing section, a plurality of constant temperature heating units which are provided so as to correspond to the sub-sections of the placing section, each unit including a heater for heating the sub-section, a sub-section temperature sensor detecting a temperature in each sub-section. The suggestion/motivation for doing so would have been obvious because it provides in a plurality of stages in the warm storage compartment. Heat is applied to the hot plates so that food placed on the hot plates is heated and kept warm (¶ 0005).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Wisner et al. (US 20080213449) in view of Goldberg (US 7,059,484).
Regarding claim 30, Wisner discloses a shelving system 10 (fig. 1, i.e. called a thermal cabinet appliance designed to heat, re-heat or re-thermalize food products) comprising:
a plurality of heated shelf (12, i.e. also called tray) assemblies (see figures 1 and 3; abstract; ¶ 0003) removably connected to and supported by the frame (14), the plurality of heated shelf assemblies comprising an upper surface (see figure 3, i.e. the upper surface plate 16) configured to support food items thereon (¶ 0001, i.e. pre-cooked and pre-packaged frozen meals and food items), each heated shelf assembly independently adjustable vertically along the longitudinal axes of the plurality of support posts (¶ 0032, i.e. the arrangement of the trays 12 may vary from application to application as desired);
a first post housing (106, i.e. called a side panel) disposed at a right side of the shelving system (10) and encasing the front right post, the rear right post and a right side of each of the heated shelf assemblies (¶ 0032); and
a second post housing (104, i.e. called a side panel) disposed at a left side of the shelving system (10) and encasing the front left post, the rear left post and a left side of each of the heated shelf assemblies (¶ 0032),
wherein the plurality of heated shelf assemblies (12, see figures 1 and 3; abstract), the first post housing and the second post housing cooperate to define a plurality of compartments (not labeled, i.e. a space between trays 12), wherein a volume of space (i.e. spacing between 1.5 to 5 inches) in each compartment is allowed to vary (¶ 0032, i.e. the arrangement of the trays 12 may vary from application to application as desired) by adjusting one or more of the plurality of heated shelf assemblies vertically (12, see figures 1 and 3; abstract) along the plurality of support posts (¶ 0032, 0039-0040).
Wisner discloses all the limitations of the claimed invention as set forth above, except for a plurality of support posts, each support post extending vertically along a longitudinal axis, the plurality of support posts including at least four posts comprising a front right post, a front left post, a rear right post and a rear left post.
However, Goldberg teaches a plurality of support posts 20 (figs. 1 and 2), each support post extending vertically along a longitudinal axis, the plurality of support posts (20) including at least four posts comprising a front right post, a front left post, a rear right post and a rear left post (see figure 1; col. 2, lines 60-col. 3, lines 17).
The combination of references are analogous art because they are from the same field of endeavor of a shelving system. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Wisner and Goldberg before him or her, include such a shelving system of Goldberg because support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture. Further, the materials should be resistant to corrosion and easily cleaned. A plurality of circumferential grooves, spaced apart at substantial regular intervals, are formed on support posts. The suggestion/motivation for doing so would have been obvious because it provides an inexpensive, lightweight vertical shelving system capable of being very easily assembled and disassembled (col. 4, lines 10-13).
Response to Amendment
Applicant’s amendments have the Claim Objections and the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections from previous Office Action.
However, the limitation(s) “a temperature control device” in claim 3 interpreted under
35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (Claim Interpretation) has not overcome as set forth above.
Response to Arguments
Applicant's arguments filed 01/07/2026 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 13-14 of the REMARKS that with respect to “Referring to Fig. 3, the Examiner asserts, inter alia, that Wisner discloses a temperature control device 22, wherein the heating element 20 is electrically connected to the temperature control device 22. Applicant respectfully disagrees. Paragraph [0038] of Wisner discloses forming an electrical connection between the heater 20 and the circuit board 55 and between the thermistor 22 and the circuit board 55, as best shown in Fig. 4. Thus, the so-called heating element 20 is not electrically connected to the so-called temperature control device 22. Applicant respectfully submits that Wisner does not teach or suggest the limitations of claim 3, including: "wherein the heating element is electrically connected to the temperature control device."
In response to applicant’s argument that “Applicant respectfully submits that Wisner does not teach or suggest the limitations of claim 3, including: "wherein the heating element is electrically connected to the temperature control device."” as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Examiner respectfully disagrees with the argument because it is very hard to operate and/or control if the controller (23), a heater (20) and a temperature sensor (22) are not connected or coupled together. Wisner discloses that “The device may further include a controller coupled to each heater and each temperature sensor, wherein the controller is configured to operate the heater as a function of the tray temperature.” (¶ 0003). Furthermore, Wisner also discloses that “In another embodiment, the device 10 may include another known controller or plurality of controllers, which may be electrically coupled to one or more of the heaters and temperature sensors and programmed or otherwise configured to communicate with and control the heaters and temperature sensors.” (¶ 0038).
Applicant argues on page 14 of the REMARKS that “Referring to Para. [0036], the Examiner states, inter alia, that Wisner discloses "a temperature sensor probe (i.e. called a non-contacting temperature probe) disposed in the interior space of the shelf body." Applicant respectfully disagrees. Paragraph [0036] of Wisner states that a non-contacting temperature probe [not labeled or shown] such as a thermal imaging or other infrared device may monitor temperature of a food product placed on top of the upper plate, or used in conjunction with a thermistor, thermocouple, bi-metal based or other temperature sensing device located on the heating surface to measure the temperature difference between the item and the heating surface. The so-called non-contacting temperature probe is not disposed in the interior space of the so-called shelf body. Applicant respectfully submits that Wisner does not teach or suggest the limitations of claim 3, including: "a temperature sensor probe disposed in the interior space of the shelf body."
In response to applicant’s argument that “Applicant respectfully submits that Wisner does not teach or suggest the limitations of claim 3, including: "a temperature sensor probe disposed in the interior space of the shelf body."” as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Examiner respectfully disagrees with the argument because paragraph [0004] of Wisner discloses “Each tray may include an upper plate, a lower plate and a frame, with the heater and temperature sensor positioned within the frame and between the plates.”
Applicant argues on page 15 of the REMARKS that “the Examiner states, inter alia, that Wisner discloses "a temperature sensitive fuse (i.e. a heater fuse, a circuit element protection in case of over heat and/or the heater has burned out)." Applicant respectfully submits that those paragraphs and Wisner nowhere states the terminology, "over heat." "Over heat" is the Examiner's term and conclusion. “
In response to applicant’s argument that “Applicant respectfully submits that those paragraphs and Wisner nowhere states the terminology, "over heat." "Over heat" is the Examiner's term and conclusion.” as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Examiner respectfully disagrees with the argument because paragraph [0037] of Wisner discloses that “The device 10 can contain a circuit breaker, fuse, fusible link, or other means of protection for the unit in the case of a ground-fault or short circuit.” Furthermore, Wisner also discloses “The controller 23 may also be configured to determine if the temperature sensor has malfunctioned. In one such embodiment, the controller is configured to routinely check that the thermistor voltage is within a desired range. In one embodiment, this range is set to 0.3 to 3.5 volts. If the thermistor value is out of this range, the controller locks into an error mode, and produces a signal to indicate the error. In one embodiment, the red light turns off and the blue light flashes indicating the error. In another embodiment, the controller will also flash the blue light if the heater has been on for greater than 3 hours, which is an indication that the heater fuse or other circuit protection has burned out or the heater has failed. These features help ensure that the tray is functioning properly and that food served off from the tray is up to a safe serving temperature.
Applicant argues on page 16 of the REMARKS that “Notably, as best shown in Wisner's Figs. 2-3, Wisner discloses a thin foil 37 sheet that is flat. Applicant respectfully submits that Wisner does not teach or suggest the limitations claim 31, including: "a metal tray positioned intermediate the upper and lower panels of the shelf body and comprising a peripheral lip to locate the tray within the interior space of the shelf body."
In response to applicant’s argument that "a metal tray positioned intermediate the upper and lower panels of the shelf body and comprising a peripheral lip to locate the tray within the interior space of the shelf body." as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, as discussed in the Office Action, Wisner discloses a foil layer (37) corresponding to a metal tray (42) of the instant invention that is used to promote uniform heating between the upper plate (16) and a lower plate (18). There is also a thermistor (22) attached to the plate(s) to measure temperature variation of the tray (42) (¶ 0004, 0035). Wisner also discloses a peripheral lip (i.e. a frame 14) to locate the tray (42) within the interior space of the shelf body (see figure 3).
Applicant argues on page 17 of the REMARKS that “Referring to Fig. 1, the Examiner states, inter alia, that Wisner discloses a heated shelf 12 comprises four corners, [see pages 17-18 of the Action], and does not disclose wherein each corner comprises a bracket.”
In response to applicant’s argument with respect to "As best shown in Fig. 3, the so-called corner 18 of Goldberg referred to by the Examiner is not a bracket." as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Examiner respectfully disagrees with the argument because the amended limitation has not been entered, “i.e. wherein each corner of the heated shelf is a bracket.”
Applicant argues on page 19 of the REMARKS that “Applicant submits there is no motivation for the significant reconstruction of Wisner. Applicant submits that there is no teaching or suggestion to amend the space each tray 12 occupies within the interior housing 100 footprint of Wisner by replacing the cantilever fashion mounting of Wisner (one rear side) via combining the Examiner's suggested teachings of Goldberg (four posts, etc.) with Wisner in the manner suggested in the Action.”
In response to applicant’s argument with respect to "Applicant submits there is no motivation for the significant reconstruction of Wisner.” as set forth above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, as discussed in the Office Action, Wisner does not disclose four posts. However,
However, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify a tray mount frame of Wisner with a shelving system of Goldberg for the purpose of support posts are generally hollow and are typically made of lightweight metal which provides high structural rigidity and are inexpensive to manufacture, since applicant has not disclosed that having such posts provide an advantage, solves any stated problem, or is used for any particular purpose and it appears that the device would perform equally well with either designs. Furthermore, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Therefore, the combination of references fully meets all of the claimed limitations.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maslow (US 3,424,111).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KET D DANG whose telephone number is (571)270-7827. The examiner can normally be reached Monday - Wednesday 7:30 AM - 4:30 PM.
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, Steven W. Crabb can be reached at (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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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761