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 .
Status of the claims
In the response filed 03/03/2025, the status of the claims are as follows:
Claims 1 and 15 have been amended; claims 1-15 are pending.
Response to Arguments
Applicant's arguments filed 03/03/2025 have been fully considered but they are not persuasive for the following reasons.
Claims 1 and 15 have been amended to require a water injection nozzle to spray water directly onto a heating device/first heating device.
Applicant argues on pg. 6 of the Remarks (with regards to claims 1 and 15) that Boscaino’s inlet conduit 7C is remote from the heating element 34. However, per the instant and previous OA, Boscaino’s water injection nozzle 7C was noted as being adjacent in the manner claimed, as defined by Merriam-Webster as “nearby,” not “distant” and within “proximity” of the heating element 34. The water injection nozzle 7C is nearby and in proximity to the heating element 34. The Applicant also argues that the entire limitation, “a water injection nozzle is arranged in the ring channel adjacent to the heating device of the ring channel to spray water directly onto the heating device.” Examiner respectfully disagrees, since heating element 34 would directly receive air mixed with water droplets, i.e. steam, sprayed thereon, via the dispensing means 6. The source of water comes from the water injection nozzle 7C. For example, see paragraphs 0030, 0043-0046, and Figure 10. During operation, water is conveyed from the inlet conduit 7C, which hits movable element 5. Movable element 5 moves in conjunction with fan wheel 22, and divides the water into tiny drops per centrifugal rotation. These tiny drops hit the dispensing means 6 [Fig. 10] to become even more tiny drops. Ultimately, per paragraph 0046, a flow of air produced by the fan wheel 22 flows through the openings 10 of the dispensing means 6, and mixes with the tiny drops. In other words, a mixture of air and tiny water droplets is formed, which is a liquid spray, and ultimately delivered to electrical resistances 26 and/or heating element 34 for transformation into steam.
It’s noted that water injection nozzle 7B in Figure 2 of Boscaino is similar to nozzle 7C, as well.
For the above reasons, the rejections to the claims are respectfully sustained by the Examiner.
Differences between Applicant’s invention and Boscaino, and suggested amendments to the claims to distinguish the art of record from the Applicant’s claimed invention
Following a review of the Applicant’s disclosure and amendments to claims 1 and 15, it appears that claiming and stating that it is the water injection nozzle, per se, that sprays water directly onto the heating device, would overcome the Figure 2 embodiment of Boscaino. As noted above, water is being directly sprayed onto the heating device from the dispensing means 6. The claim as presently written doesn’t necessarily require the water injection nozzle, per se, to spray water directly on the heating device. Only that there is a water injection nozzle, “to spray water directly onto the heating device.” (intended use). The water injection nozzle allows a direct spray of water onto the heating device, but technically this is occurring via the dispensing means 6 that receives water from the water injection nozzle source, initially.
Moreover, it’s suggested to specify that the heating device 9 is directly behind blower, with the water injection nozzle 16 also being behind the heating device. The positioning and orientation of the heating device 9, water injection nozzle 16, is different from what Boscaino shows. Reciting more differentiating structure as it relates to the ring channel 15 may be helpful as well. For example, the ring channel 15 has a circumferential wall (23, Fig. 5) in which the nozzle 16 sits. It’s noted there are multiple embodiments in the Applicant’s disclosure.
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.
Claims 1-5, 7-9, 11-12, and 15 are rejected under 35 U.S.C. 103 rejected under 35 USC 103 as being unpatentable over Boscaino (EP 1767869 A2) in view of Klouda (DE 202004015292 U1).
Regarding Claim 1, Boscaino teaches a cooking device comprising:
a housing (Fig. 3, cooking chamber 2), in which an openable and closable cooking chamber is arranged.
a blower (Fig. 2, fan 23), which comprises a blower wheel (Fig. 2, fan wheel 22), which is provided with a blower motor (Fig. 2, motor 24), which comprises a driving shaft (See “Snag-It” diagram below), which is drivingly connected to the blower wheel (See “Snag-It” diagram below), and
a ring channel (Fig. 2, See “Snag-It” diagram directly below; Ring Channel is the space within the boundary of the diagram), which is in flow communication (See also “Snag-It” diagram directly below) with an intake opening of the housing (Fig. 2, opening 27),
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wherein a heating device is arranged in the ring channel (Fig. 2, heating element 34, and “Snag-It” diagram above, showing the heating element 34 clearly within “the gap” between the motor 24 and the hub of the fan wheel 22. Note: the application claim(s) and specification describe the “ring channel” as the space between the blower motor 10 and the blower wheel 7. Therefore, when the “the gap” of the “ring channel” is extended vertically, the heating element 34 is clearly “arranged in the ring channel”), and
a water injection nozzle (See Fig. 2, inlet conduit 7C & “Snag-It” diagram below) is arranged in the ring channel adjacent to the heating device of the ring channel (See “Snag-It” diagram below, specifically showing the water injection nozzle 7C adjacent, as defined by Merriam-Webster as “nearby,” not “distant” and within “proximity” of the heating element 34) to spray water directly onto the heating device (heating element 34 would directly receive air mixed with water droplets, i.e. steam, sprayed thereon, via the dispensing means 6. The source of water comes from the water injection nozzle 7C. For example, see paragraphs 0030, 0043-0046, and Figure 10. During operation, water is conveyed from the inlet conduit 7C, which hits movable element 5. Movable element 5 moves in conjunction with fan wheel 22, and divides the water into tiny drops per centrifugal rotation. These tiny drops hit the dispensing means 6 [Fig. 10] to become even more tiny drops. Ultimately, per paragraph 0046, a flow of air produced by the fan wheel 22 flows through the openings 10 of the dispensing means 6, and mixes with the tiny drops. In other words, a mixture of air and tiny water droplets, which is a liquid spray, is ultimately delivered to electrical resistances 26 and/or heating element 34 for transformation into steam.)
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Boscaino does not teach a housing, in which an openable and closable cooking chamber is arranged.
Klauda teaches a housing, in which an openable and closable cooking chamber is arranged (Fig. 1, device housing 2, cooking space 1, baking sheet 4, oven door 3).
Boscaino doesn’t explicitly disclose that the cooking chamber is openable and closeable. However, para. 0025 of Boscaino discloses that there are foods place on trays 20 within a cooking zone 20.
Klouda discloses a cooking device with an openable and closeable cooking chamber (Fig. 1, oven door 3).
It would have been obvious to modify Boscaino in view of Klouda, by incorporating an openable and closeable door on the cooking chamber, in order to provide a means of placing and removing food from the cooking chamber, and also closing and sealing the cooking chamber during a cooking operation to retain heat and moisture for efficient cooking of the food.
Regarding Claim 2, Boscaino as modified above teaches he cooking device according to claim 1, and
the water injection nozzle is arranged at the back side of the blower wheel (Fig. 2, inlet conduit 7C, fan wheel 22).
Regarding Claim 3, Boscaino as modified above teaches the cooking device according to claim 1, and
the heating device is designed as a ring heater (Fig. 2, heating element 34), the center of which is the driving shaft of the blower motor (See Fig. 2, heating element 34, fan wheel 22, & “Snag-It” Diagram above showing heating element 34 centered over motor 24 drive shaft).
Regarding Claim 4, Boscaino as modified above teaches the cooking device according to claim 1, and
the ring channel is arranged behind the blower wheel (Fig. 1, “Snag-It” Diagram below, fan wheel 22).
Regarding Claim 5, Boscaino as modified above teaches the cooking device according to claim 1, and
the ring channel is arranged concentrically around the driving shaft (Fig. 1, motor 24 & “Snag-It” Diagram below).
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Regarding Claim 7, Boscaino as modified above teaches the cooking device according to claim 1,
the blower wheel is provided with auxiliary blades at the blower wheel back side (Fig. 2, blading 36, rear disc 35, fan 23, fan wheel 22).
Regarding Claim 8, Boscaino as modified above teaches the cooking device according to claim 7,
the auxiliary blades are provided with blade sections extending into the ring channel (Fig. 2, blades 36, rear disc 35, fan 23, fan wheel 22 & “Snag-It” Diagram below, showing auxiliary blades in the ring channel).
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Regarding Claim 9, Boscaino as modified above teaches the cooking device according to claim 1, and
the blower wheel is provided with an axially offset blade system (Fig. 2, blading 36, rear disc 35, fan 23, fan wheel 22).
Regarding Claim 11, Boscaino as modified above teaches the cooking device according to claim 1, and
the housing is provided with a housing outlet (Fig. 4, discharge conduit 43).
Regarding Claim 12, Boscaino as modified above teaches the cooking device according to claim 1, and
a further heating device which is provided in the cooking chamber (Fig. 2., electrical resistances 26; Note: electrical resistances 26 are located in an area inclusive of the overall cooking chamber 2).
Regarding Claim 15, Boscaino teaches the cooking device which comprises:
a housing (Fig. 3, cooking chamber 2), in which an openable and closable cooking chamber is arranged,
a blower (Fig. 2, fan 23), which comprises a blower wheel (Fig. 2, fan wheel 22), which is provided with a blower motor (Fig. 2, motor 24), which comprises a driving shaft (See “Snag-It” diagram below), which is drivingly connected to the blower wheel (See “Snag-It” diagram below), and
a ring channel (Fig. 2, See “Snag-It” diagram below, the boundary designates the area of the “ring channel”), which is in flow communication with an intake opening of the housing (See “Snag-It” diagram below), and
a first heating device is arranged in the ring channel (Fig. 2, heating element 34, and “Snag-It” diagram above, showing the heating element 34 clearly within “the gap” between the motor 24 and the hub of the fan wheel 22. Note: the application claim(s) and specification describe the “ring channel” as the space between the blower motor 10 and the blower wheel 7. Therefore, when the “the gap” of the “ring channel” is extended vertically, the heating element 34 is clearly “arranged in the ring channel”),
a water injection nozzle (See Fig. 2, inlet conduit 7C & “Snag-It” diagram below) is arranged in the ring channel (See again, “Snag-It” diagram below) to spray water directly onto the first heating device (heating element 34 would directly receive air mixed with water droplets, i.e. steam, sprayed thereon, via the dispensing means 6. The source of water comes from the water injection nozzle 7C. For example, see paragraphs 0030, 0043-0046, and Figure 10. During operation, water is conveyed from the inlet conduit 7C, which hits movable element 5. Movable element 5 moves in conjunction with fan wheel 22, and divides the water into tiny drops per centrifugal rotation. These tiny drops hit the dispensing means 6 [Fig. 10] to become even more tiny drops. Ultimately, per paragraph 0046, a flow of air produced by the fan wheel 22 flows through the openings 10 of the dispensing means 6, and mixes with the tiny drops. In other words, a mixture of air and tiny water droplets, which is a liquid spray, is ultimately delivered to electrical resistances 26 and/or heating element 34 for transformation into steam), and
a heating device is provided in the cooking chamber (Fig. 2, electrical resistances 26 & Fig. 3, cooking chamber 2), and annularly surrounds the blower wheel (Fig. 2, electrical resistances 26, fan wheel 22).
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Boscaino does not teach a housing, in which an openable and closable cooking chamber is arranged.
Klauda teaches a housing, in which an openable and closable cooking chamber is arranged (Fig. 1, device housing 2, cooking space 1, baking sheet 4, oven door 3).
Boscaino doesn’t explicitly disclose that the cooking chamber is openable and closeable. However, para. 0025 of Boscaino discloses that there are foods place on trays 20 within a cooking zone 20.
Klouda discloses a cooking device with an openable and closeable cooking chamber (Fig. 1, oven door 3).
It would have been obvious to modify Boscaino in view of Klouda, by incorporating an openable and closeable door on the cooking chamber, in order to provide a means of placing and removing food from the cooking chamber, and also closing and sealing the cooking chamber during a cooking operation to retain heat and moisture for efficient cooking of the food.
Claim 6 is rejected under 35 USC 103 as being unpatentable over Boscaino (EP 1767869 A2) in view of Klouda (DE 202004015292 U1), in further view of Kohlstrung (FR 2807822 A1).
Regarding Claim 6, Boscaino, as modified above, teaches the cooking device according to claim 1,
Boscaino as modified above does not teach a nozzle for cleaning is provided.
Kohlstrung teaches a nozzle for cleaning is provided (See Fig. 1, pump 14, cleaning medium 20, pump line 13, inlet orifice 12, & Fig. 2, ring 11, nozzles 10).
It would have been obvious to a person having ordinary skill in the art before the effective date of the claimed invention to modify Boscaino as modified above to provide a cleaning medium (cleaning fluid) and one or more cleaning nozzles for the purpose of removing deposits and increasing cleanliness of components as taught by Kohlstrung. A person of ordinary skill in the art would have been motivated to use cleaning fluid through the use of one or more spray nozzles for cleaning the ring chamber so as to beneficially assist in reducing or eliminating cleaning tools or other components that must be introduced into the interior of the cooking appliance and subsequently removed after cleaning, increase cleaning efficiency, and ultimately reduce the time, materials, and effort required to effect a clean and efficient cooking appliance.
Claim 10 is rejected under 35 USC 103 as being unpatentable over Boscaino (EP 1767869 A2) in view of Klouda (DE 202004015292 U1), in further view of Chen (CN 212089219 U).
Regarding Claim 10, Boscaino, as modified above, teaches the cooking device according to claim 1, and
Boscaino as modified above does not teach the blower motor is arranged axially offset in the direction of the cooking chamber. It is the examiner’s position that the broadest reasonable interpretation of this limitation, consistent with the specification, merely means that the blower motor is positioned on a horizontal axis relative to, or in a direction of the cooking chamber. The fixed position of the blower motor will inherently be axially offset relative to a position it could be, in a direction away from the cooking chamber. This interpretation is consistent with what’s disclosed in paragraph 0066 of the published application, i.e. US 2024/0255155.
Chen teaches the blower motor is arranged axially offset in the direction of the cooking chamber (Fig. 3, fan 211, motor 212, pot body/cooking chamber 111).
It would have been obvious to a person having ordinary skill in the art before the effective date of the claimed invention to modify Boscaino as modified above to provide for the installation of a blower motor that is axially offset in the direction of the cooking chamber by modifying the motor/blower fan shaft configuration as taught by Chen. A person of ordinary skill in the art would have been motivated to provide a blower motor design configured so that that is axially offset in the direction of the cooking chamber for the purpose of simply incorporating a known configuration in the art that would yield the predictable result of creating air flow via the blower motor.
Claims 13-14 are rejected under 35 USC 103 as being unpatentable over Boscaino (EP 1767869 A2) in view of Klouda (DE 202004015292 U1, in further view of Siegfried (CH 631884 A5).
Regarding Claim 13, Boscaino, as modified above, teaches the cooking device according to claim 11,
Boscaino does not teach a condenser which is connected to the housing outlet.
Siegfried teaches a condenser (Fig. 1, cooking chamber 4, condensate drain pipe 22, condensate discharge device C & “Snag-It” diagram below) which is connected to the housing outlet (See “Snag-It” diagram below).
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It would have been obvious to a person having ordinary skill in the art before the effective date of the claimed invention to modify Boscaino as modified above to provide for a condenser assembly for the purpose of removing excess steam that has changed state to water as taught by Siegfried. A person of ordinary skill in the art would have been motivated to use a condenser assembly to beneficially assist in removable of excess cooled water that has condensed and pooled in the lower section of the cooking chamber for the purpose of maintaining a cooking atmosphere that is favorable for browning, appearance, and taste of the food prepared by the use of hot air and in further support of the efficient cooking of foodstuffs during the operation of the oven apparatus.
Regarding Claim 14, Boscaino as modified above teaches the cooking device according to claim 13.
Boscaino as modified above does not teach the condenser comprises an outlet pipe.
Siegfried teaches the condenser comprises an outlet pipe (condensate drain pipe 22, condensate discharge device C & “Snag-It” diagram above).
It would have been obvious to a person having ordinary skill in the art before the effective date of the claimed invention to modify
Boscaino as modified above to provide for a condenser assembly including a condensate discharge pipe for the purpose of removing steam that has changed state to water as taught by Siegfried. A person of ordinary skill in the art would have been motivated to use an outlet pipe to beneficially assist in the removable of excess cooled water that has condensed and pooled in lower section of the cooking chamber by ejecting it through an outlet pipe for the purpose of maintaining a cooking climate that is favorable for browning, appearance, and taste of the food prepared by the use of hot air cooking oven.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G HOANG whose telephone number is (571)272-6460. The examiner can normally be reached M-F 9AM-5PM EST.
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/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
