Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendments filed 11/17/2025 are entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentble over Christopher (US 6037571 A) and Ravenscroft (WO 03007660 A1).
Regarding claim 11, Christopher teaches a cooking grill (FIG. 1, electric grill 10) comprising: a cooking chamber (FIG. 1, the volume beneath the cover 18) having a cooking surface (FIG. 1, food racks 70); a resistive heating element (FIG. 2, heating element 120) below the cooking surface; a connection to a household voltage source (FIG. 2, power cord 60) selectively powering the resistive heating element; and a rechargeable voltage source (FIG. 2, the assembly of the battery 20, battery charger 30, and contactor 23) selectively powering the resistive heating element; wherein the household voltage source and the rechargeable voltage source may be selected individually or simultaneously to energize the resistive heating element resulting in radiative heat being applied to the cooking surface (FIG. 2, the battery 20 powers the heating element 120 and the power cord 60 powers the heating element 120 via the battery charger 30, which can be toggled via the various switches of FIG. 2).
Christopher fails to a first solid-state switch interposing the connection to the household voltage source and the resistive heating element, and a second solid- state switch interposing the rechargeable voltage source and the resistive heating element.
However, Ravenscroft teaches a first solid-state switch interposing the connection to the household voltage source and the resistive heating element, and a second solid- state switch interposing the rechargeable voltage source and the resistive heating element (FIG. 10, solid state switches 76).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Christopher by making it so the switches of Christopher are solid-state switches, as taught by Ravenscroft, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Christopher with these aforementioned teachings of Ravenscroft with the motivation of improving the life span of the switches by using switches without moving parts.
Regarding claim 13, the combination of Christopher and Ravencroft teaches that the second power source comprises a battery (FIG. 2, the battery 20 is a battery).
Regarding claim 14, the combination of Christopher and Ravencroft teaches that the second power source comprises a capacitor (FIG. 2, the assembly including the battery 20 includes a capacitor 232).
Regarding claim 15, the combination of Christopher and Ravencroft teaches that the connection to the household voltage source recharges the rechargeable voltage source (FIG. 2, the power cord 60 recharges the charger 30 and the battery 20).
Regarding claim 16, the combination of Christopher and Ravencroft teaches a second rechargeable voltage source selectively powering the resistive heating element in parallel with the first rechargeable voltage source (FIG. 2, the battery 20 may also be recharged).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christopher as applied to claims 11 and 13-16 above, and further in view of Cheng (US 20200263874 A1).
Regarding claim 17, Christopher fails to teach at least one temperature probe connected to a controller that selects both the household voltage source and the rechargeable voltage source to power the resistive heating element when the at least one temperature probe detects a temperature below a predetermined threshold.
However, Cheng teaches at least one temperature probe (FIG. 2, chamber thermometer 250) connected to a controller (FIG. 2, computing device 206) that selects both the household voltage source and the rechargeable voltage source to power the resistive heating element when the at least one temperature probe detects a temperature below a predetermined threshold (paragraph 39, the heating elements 218 are adjusted based on the temperature of the chamber).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Christopher by adjusting the heating elements based on a measured temperature, as taught by Cheng, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Christopher with these aforementioned teachings of Cheng with the motivation of utilizing both power sources when both are needed.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christopher, Ravenscroft, and Cheng.
Regarding claim 18, Christopher teaches a cooking grill (FIG. 1, electric grill 10) comprising: a cooking chamber (FIG. 1, the volume beneath the cover 18) having a cooking surface (FIG. 1, food racks 70); at least one resistive heating element (FIG. 2, heating elements 110 and 120) situated such that radiative heat from the resistive eating element heats the cooking surface; a first power connection (FIG. 2, power cord 60) to a household alternating current; a second power connection (FIG. 2, battery 20) to a rechargeable current source; and a controller (col. 4, ll. 8-15, the controller) that selectively activates [switches] to power the at least one resistive heating element with either or both of the first power connection and second power connection (FIG. 2, the power sources can be manipulated through the switches to power one or both of heating elements 110 and 120).
Christopher fails to teach a first solid-state switch connecting the first power connection to the at least one resistive heating element; a second solid-state switch connecting the second power connection to the at least one resistive heating element; at least one temperature probe; and a controller that selectively activates the first solid-state switch and the second solid-state switch to power the at least one resistive heating element with either or both of the first power connection and second power connection based on data from the at least one temperature probe; wherein the controller selectively activates the first solid-state switch and the second solid-state switch to power the at least one resistive heating element with either or both of the first power connection and second power connection based on data from the at least one temperature probe.
However, Ravenscroft teaches a first solid-state switch connecting the first power connection to the at least one resistive heating element; a second solid-state switch connecting the second power connection to the at least one resistive heating element (FIG. 10, solid state switches 76); wherein the at least one resistive heating element comprises a first heating element connected to the first power connection via the first solid-state switch and a second heating element connected to the second power connection via the second solid-state switch (in the combination below, the power cord 60 is connected to the heating element 110 via a solid-state switch, and the battery 20 is connected to the heating element 120 via a solid-state switch).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Christopher by making it so the switches of Christopher are solid-state switches, as taught by Ravenscroft, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Christopher with these aforementioned teachings of Ravenscroft with the motivation of improving the life span of the switches by using switches without moving parts.
Ravenscroft fails to teach at least one temperature probe; wherein the controller selectively activates the first solid-state switch and the second solid-state switch to power the at least one resistive heating element with either or both of the first power connection and second power connection based on data from the at least one temperature probe.
However, Cheng teaches at least one temperature probe (FIG. 2, chamber thermometer 250); wherein the controller selectively activates the first solid-state switch and the second solid-state switch to power the at least one resistive heating element with either or both of the first power connection and second power connection based on data from the at least one temperature probe (paragraph 39, the heating elements 218 are adjusted based on the temperature of the chamber).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Christopher by adjusting the heating elements based on a measured temperature, as taught by Cheng, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Christopher with these aforementioned teachings of Cheng with the motivation of utilizing both power sources when both are needed.
Regarding claim 19, the combination of Christopher, Ravenscroft, and Cheng teaches that the rechargeable current source comprises a battery that is recharged by the first power connection when the first power connection is not powering the at least one resistive heating element (Christopher, FIG. 2, the battery 20 is a battery that may be recharged via the charger 30 and used to power the heating element 120).
Allowable Subject Matter
Claims 1, 4, and 7-10 are allowed.
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive. On page 8 (and elsewhere), the Applicant asserts that Christopher does not teach the proper switch topology. Namely, the Applicant alleges that the battery 20 and the charger 30 must be used concurrently for the left half of the circuit of FIG. 2 to operate, and therefore cannot be switched between in the manner described in the claims. However, the Examiner notes that the switches are not being used to switch between battery 20 and charger 30, but rather between battery 20 and the power source 60. Therefore, the Examiner sees no reason why Christopher does not read on the claims.
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 WILLIAM C. WEINERT whose telephone number is (571)272-6988. The examiner can normally be reached 9:00-5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM C WEINERT/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762