Prosecution Insights
Last updated: October 01, 2026
Application No. 17/949,362

COOKING DEVICE, ESPECIALLY COMMERCIAL COOKING DEVICE

Final Rejection §103
Filed
Sep 21, 2022
Priority
Sep 23, 2021 — DE 102021124685.7
Examiner
HOANG, MICHAEL G
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Welbilt Deutschland GmbH
OA Round
2 (Final)
48%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
161 granted / 339 resolved
-22.5% vs TC avg
Strong +37% interview lift
Without
With
+37.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
2 currently pending
Career history
347
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
35.8%
-4.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 339 resolved cases

Office Action

§103
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 . This action is in response to Applicant’s submission dated 09/21/2022. Claims 1-15 of the application are pending. Claim Objections Claim 15 is objected to because of the following informalities: Regarding Claim 15, the preamble reads, “The cooking device which comprises,” the preamble should read “A cooking device which comprises.” Claim Rejections – 35 USC § 103 1. 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. 2. 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), 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), PNG media_image1.png 515 355 media_image1.png Greyscale 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). PNG media_image2.png 609 483 media_image2.png Greyscale Boscaino does not teach 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. 5. 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). 6. 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). 7. 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). 8. 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). PNG media_image1.png 515 355 media_image1.png Greyscale 9. 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). 10. 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). PNG media_image3.png 609 485 media_image3.png Greyscale 11. 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). 12. 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). 13. 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). 14. Regarding Claim 15, Boscaino teaches the cooking device which comprises: a housing (Fig. 3, cooking chamber 2), 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 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), 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). PNG media_image1.png 515 355 media_image1.png Greyscale PNG media_image3.png 609 485 media_image3.png Greyscale Boscaino does not teach 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. 15. 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). 16. 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. 17. 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). 18. 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. 19. 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). 20. 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). PNG media_image4.png 294 424 media_image4.png Greyscale 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. 21. 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER H FOSTER IV whose telephone number is (703) 756-1319. The examiner can normally be reached 8:30-5:30 M-F. 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, MICHAEL HOANG can be reached on (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or (571) 272-1000. /WALTER H FOSTER IV/ Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Sep 21, 2022
Application Filed
Jan 02, 2025
Non-Final Rejection mailed — §103
Mar 03, 2025
Response Filed
Sep 29, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
48%
Grant Probability
85%
With Interview (+37.3%)
3y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 339 resolved cases by this examiner. Grant probability derived from career allowance rate.

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