DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 25 June 2026 has been entered.
Status
This office action is in response to the Amendments and Arguments filed 15 December 2025. As directed by applicant, claims 13, 19-22, 25, 27 and 30 are amended. Claims 17, 18 and 29 are further cancelled. And claims 35 and 36 are added. Thus, claims 13, 14, 19-28, and 30-36 are pending in this application. This is a Non-Final Office Action.
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.
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: “control unit” in claim 1.
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. “Control unit” is capable of switching frequency and supplying power and comprises some “circuits” (Specification, ¶0007, see fig. 2, ¶0031).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 13, 14, 19-28, 30- 36 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Cabeza Gozalo (U.S. Patent Application Publication 2019/ 0261466).
Regarding claim 13, Cabeza Gozalo discloses a household appliance device (Title, Abstract, Domestic Appliance), comprising a control unit (38) designed to control an induction target (18) repetitively with a switching frequency (switching unit 53; ¶¶81, 82 “control unit varies a frequency of the supply voltage”); and to supply the induction target with energy, said control unit designed to modulate in an operating state through frequency modulation the switching frequency within a modulation period (¶0081, “the control unit 38, varies a frequency of the supply voltage within at least one period of the operating voltage”, When the frequency is varied, the control unit avoids an overload at least one electrical component”) which corresponds to an integer multiple of a half period of a mains AC voltage (¶¶11,12, “switching the switching unit and to vary at least one further frequency of the further supply voltage within at least one period of the operating voltage”…. [and have] supply voltage complement one another (with complementary frequency variation] frequency within at least one period, preferably over a large part of the period and particularly preferably over the entire period, of the operating voltage), a whole period is an “integer multiple of a half period”; figs. 13a-13b)
wherein in the operating state the control unit modulates the switching frequency using a predefined modulation profile (¶0043, frequency profiles fig. 14), and
wherein an entirety of the modulation profile is able to be described by a substantially continuous mathematical function (Cabeza Gozalo, fig. 14, profiles substantially continuous).
Regarding claim 14, Cabeza Gozalo discloses all the limitations of claim 13, as above, and further discloses a household appliance constructed in a form of a cooking appliance device (Cabeza Gozalo, fig. 1, hotplate).
Regarding claim 19, Cabeza Gozalo discloses all the limitations of claim 17, as above, and further discloses a household appliance wherein the modulation profile within the modulation period has a path which is linear at least in one portion (Cabeza Gozalo, figs. 13a, 14, profiles have some sections where path is linear).
Regarding claim 20, Cabeza Gozalo discloses all the limitations of claim 17, as above, and further discloses a household appliance wherein the modulation profile within the modulation period has a path which is exponential at least in one portion (Cabeza Gozalo, Fig. 13a 14, at least a portion follows an exponential curve, for instance, element 114).
Regarding claim 21, Cabeza Gozalo discloses all the limitations of claim 17, as above, and further discloses a household appliance wherein the modulation profile within the modulation period is mirror-symmetrical at least in one portion (Cabeza Gozalo, figs. 13a, 14, profiles are mirror symmetrical splitting with a vertical axis though middle of period).
Regarding claim 22, Cabeza Gozalo discloses all the limitations of claim 17, as above, and further discloses a household appliance wherein the control unit is designed to vary the modulation profile using a parameter relating to the induction target (¶0066, electromagnetic coupling is determined from parameters of the comparative characteristic line [which is related to the inductor])..
Regarding claim 23, Cabeza Gozalo discloses all the limitations of claim 22, as above, and further discloses a household appliance wherein the parameter comprises an electrical conductance value of the induction target (¶0066, electromagnetic coupling is determined from parameters of the comparative characteristic line [which is related to the inductor]; ¶0024, “electrical characteristic”)..
Regarding claim 24, Cabeza Gozalo discloses all the limitations of claim 13, as above, and further discloses a household appliance wherein in the operating state the control unit additionally modulates through a further frequency modulation the switching frequency within an intermediate modulation period which corresponds to a maximum of the half period of the mains AC voltage (Cabeza Gozalo, figs. 14, top profile has intermediate modulation period). .
Regarding claim 25, Cabeza Gozalo discloses a household appliance (Title) comprising a household appliance device, said household appliance device comprising a control unit (38) which designed to control an induction target (18) repetitively with a switching frequency and to supply the induction target with energy, said control unit designed to modulate in an operating state through frequency modulation the switching frequency within a modulation period (¶0081, “the control unit 38, varies a frequency of the supply voltage within qat least one period of the operating voltage”, When the frequency is varied, the control unit avoids an overload at at least one electrical component”) which corresponds to an integer multiple of a half period of a mains AC voltage (¶¶11,12, “switching the switching unit and to vary at least one further frequency of the further supply voltage within at least one period of the operating voltage”…. [and have] supply voltage complement one another (with complementary frequency variation] frequency within at least one period, preferably over a large part of the period and particularly preferably over the entire period, of the operating voltage), a whole period is an “integer multiple of a half period”; figs. 13a-13b),
wherein in the operating state the control unit modulates the switching frequency using a predefined modulation profile (¶0043, frequency profiles fig. 14), and
wherein an entirety of the modulation profile is able to be described by a substantially continuous mathematical function (Cabeza Gozalo, fig. 14, profiles substantially continuous).
Regarding claim 26, Cabeza Gozalo discloses all the limitations of claim 25, as above, and further discloses a household appliance wherein the household appliance device is embodied as a cooking appliance device (Abstract, cooktop cooking appliance).
Regarding claim 27, Cabeza Gozalo discloses a method for operating a household appliance device (Title), said method comprising: controlling an induction target by a switching frequency (Abstract, voltage for inductor by swi8tching the switching unit…to vary a frequency of the supply voltage”); and modulating the switching frequency through frequency modulation within a modulation period (¶0081, “the control unit 38, varies a frequency of the supply voltage within qat least one period of the operating voltage”, When the frequency is varied, the control unit avoids an overload at least one electrical component”) which corresponds to an integer multiple of a half period of a mains AC voltage (¶¶11,12, “switching the switching unit and to vary at least one further frequency of the further supply voltage within at least one period of the operating voltage”…. [and have] supply voltage complement one another (with complementary frequency variation] frequency within at least one period, preferably over a large part of the period and particularly preferably over the entire period, of the operating voltage), a whole period is an “integer multiple of a half period”; figs. 13a-13b),
wherein in the operating state the control unit modulates the switching frequency using a predefined modulation profile (¶0043, frequency profiles fig. 14), and
wherein an entirety of the modulation profile is able to be described by a substantially continuous mathematical function (Cabeza Gozalo, fig. 14, profiles substantially continuous).
Regarding claim 28, Cabeza Gozalo discloses all the limitations of claim 27, as above, and further discloses a method for operating a cooking appliance device as the household appliance device (Abstract, Title, fig. 1).
Regarding claim 29, Cabeza Gozalo discloses all the limitations of claim 27, as above, and further discloses a method wherein the switching frequency is modulated using a predefined modulation profile (Fig. 14, ¶43).
Regarding claim 30, Cabeza Gozalo discloses all the limitations of claim 29, as above, and further discloses a household appliance further comprising varying the modulation profile using a parameter relating to the induction target (¶0066, electromagnetic coupling is determined from parameters of the comparative characteristic line [which is related to the inductor]).
Regarding claim 31, Gozalo Cabeza discloses all the limitations of claim 27, and further discloses a method wherein the parameter comprises an electrical conductance value of the induction target (¶0025, “characteristic line of a discharging operation of the inductor at position… electrical characteristic value …based on parameters for generating the comparative line”).
Regarding claim 32, Gozalo Cabeza discloses all the limitations of claim 27, and further discloses a method comprising additionally modulating through a further frequency modulation the switching frequency within an intermediate modulation period which corresponds to a maximum of the half period of the mains AC voltage (Fig. 14, first line).
Regarding claim 33, Cabeza Gozalo discloses all the limitations of claim 27, as above, and further discloses a household appliance further comprising wherein the control unit is configured to modulate in an operating state through frequency modulation the switching frequency within a modulation period which corresponds to an odd integer multiple of a half period of a mains AC voltage (fig. 15, frequency modulation).
Regarding claim 34, Cabeza Gozalo discloses all the limitations of claim 13, as above, and further discloses a household appliance further comprising wherein the control unit is configured to modulate in an operating state through frequency modulation the switching frequency within a modulation period which corresponds to an odd integer multiple of a half period of a mains AC voltage (fig. 15, frequency modulation).
Regarding claim 35, Cabeza Gozalo discloses all the limitations of claim 13, as above, and further discloses a household appliance wherein the modulation period comprises at least two modulation intervals which each correspond to an integer multiple of a half period of a mains AC voltage (Cabeza Gozalo, fig. 14, annotated below, corresponds to mains AC voltage, as claimed)..
Regarding claim 36, , Cabeza Gozalo discloses all the limitations of claim 35, as above, and further discloses a household appliance wherein the at least two modulation intervals are different from one another (Cabeza Gozalo, fig. 14, annotated, below).
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Response to Arguments
Applicant's arguments filed 25 June 2026 have been fully considered but they are not persuasive. Applicant argues that Cabeza Gozalo does not disclose all the limitations of the independent claims (Remarks, p. 7). In fact, Cabeza Gozalo, pointing to fig. 14, does discloses different power profiles, where you have different switching and substantially continuous profiles. Also, a modulation period is designated within fig. 14, for instance, and there are two modulation intervals within that that are different. The rejections are maintained. Perhaps applicant can better specify what is meant by “modulation period” and “modulation interval”. And in response to applicant’s argument that the type of pulse is not continuous and is done with pulse pause modulation (Remarks, p. 8), the resulting form (fig. 14, top line) is “substantially continuous” and would be able to be described by a mathematical formula, even if somewhat complicated.
No other independent arguments are made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see previously attached form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE H SAMUELS whose telephone number is (571)272-2683. The examiner can normally be reached 9AM-5PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE H SAMUELS/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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