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 / Status of the Claims
Applicant is thanked for their 12/15/25 response to the Office Action dated 9/23/25. The amendment has been entered and, accordingly:
Claims 1 and 10-19 are amended.
Claims 6 and 8-10 remain withdrawn.
Claims 1-20 are pending.
Applicant’s amendments to the claims have overcome the previously set forth 112(f) interpretation and 112(a) and 112(b) rejections so that interpretation and those rejections are withdrawn accordingly.
NOTE: If the claims being examined are ever in condition for allowance, it’s noted that withdrawn claims must be cancelled or eligible for rejoinder before the application is in a state for allowance.
Response to Remarks
Applicant’s remarks with respect to claims 1 and 12 (and dependents therefrom) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claims 1 and 12 now require “a sensor module configured to sense a position of a cooking vessel on a cooktop of a cooking appliance”. Therefore, claims 1 and 12 now have a new scope that requires further search and/or consideration. At least independent claims 1 and 12 are rejected under 35 U.S.C. 103 over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A). Battersby and Zhang are newly cited references applied to the rejections to claims 1 and 12 (and dependent claims therefrom), which comprises a new grounds of rejection as necessitated by Applicant’s amendments.
Information Disclosure Statement
The information disclosure statement filed 2/28/23 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. To elaborate, an English translation for the International Search Report for PCT/KR2022/013001 has not been provided. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 11, 14, and 19 are objected to because of the following informalities:
Regarding Claim 11, line 5, “motion of the user” should read “a motion of the user” and line 16, “motion of the user” should read “the motion of the user” to indicate the recited motion in lines 5 and 16 refers to the same motion.
Regarding Claim 14, line 6, “the moving the arm” should read “
Regarding Claim 19, line 1, “The method of claim 12, further comprising,” should read “The method of claim 12, further comprising:” for consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 11-13, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A).
Reference is made to the Chinese to English machine translation of Zhang ‘409.
Regarding claim 1, Battersby discloses a hood system (Fig. 1 extraction apparatus 1) comprising:
a main body (Fig. 1, mounting means 5) comprising an exhaust duct (Fig. 1, air outlet generally indicated by arrow 23. See Par. 0068);
a fan configured to generate airflow in the exhaust duct (Pars. 0023-0024, “actuation means which, when activated, serves to draw air into said inlet and/or direct air out of said outlet of said body and/or said mounting means… said actuation means is in the form of a fan”);
an arm (Fig. 1, body 2. An arm is a slender part of a structure projecting from a main part, therefore second body 2 is an ‘arm’ because it is a slender part projecting mounting means 4) comprising an intake port (Fig. 1, air inlet 3), the arm configured to allow air to be sucked into the intake port so as to pass through the arm and thereafter into the exhaust duct (Fig. 1 and Par. 0071, “air entering the inlet 3 of the body 2 of the apparatus 1 will pass through the outlet 23 and ultimately out through the outlet 4 (provided in the mounting means 5)”); and
a cooking appliance (Fig. 1, stove 10).
However, Battersby does not disclose a sensor module configured to sense a position of a cooking vessel on a cooktop of a cooking appliance; and
a processor configured to perform control to move the arm based on the sensed position of the cooking vessel to thereby position the intake port based on the sensed position of the cooking vessel.
NOTE: Battersby discloses positioning the arm based on the position of the cooking vessel, which Examiner notes involves a user ‘sensing’ the position of the cooking vessel, in at least Par. 0082: “If only pot 13 was being used, it will be appreciated that the body 2 would then be moved into the position 16 so that it lies substantially above pot 13. Hence, the cooking vapours from pot 13 may therefore be similarly drawn into the air inlet 3 and ultimately out through the air outlet 4.”. Battersby also discloses some of the benefits of doing this: “The body 2 may be specifically positioned in different positions over the cooking area 9 in order to extract the cooking vapours. Hence, more effective extraction of cooking vapours will occur as compared to the other prior art extraction prior art devices referred to previously, which all rely on the cooking vapours coming to them. This may be of particular advantage in situations where there is a slight breeze or movement in air through the room in which the cooking area is situated - that is, because the body 2 may be specifically above a certain area, there is less chance of the cooking vapours escaping as may occur with fixed rangehood-type devices are not able to be specifically positioned above a certain area.” (Par. 0098).
Scalf discloses a venting appliance (Fig. 1A, venting appliance 100) similar to the present invention and Scalf further discloses it is known to have
an arm (Fig. 1A, repositionable vent arm 105) comprising an intake port (Fig. 1A, inlet 107), the arm configured to allow air to be sucked into the intake port so as to pass through the arm and thereafter into the exhaust duct (Fig. 1A and Col. 6, lines 35-39, “repositionable vent arm 105 may be positioned over a large pot of boiling water 38, so that air is drawn through the inlet 107 to capture the moisture rich air over the boiling water 38 preventing it from escaping into the surrounding atmosphere”);
a sensor module (Fig. 1B, thermal sensor 125 and Col. 9, lines 7-11, “In some embodiments, the repositionable vent arm 105 may include an ultrasonic or other distance sensor that may be capable of detecting a distance to a pot, pan, skillet, or the like on a cooking element 16” and Col. 5, lines 6-11, “It will be appreciated that cooking appliance 10 may include various types of user controls in other embodiments, including various combinations of switches, buttons, knobs and/or sliders, typically disposed at the rear or front (or both) of the cooking appliance.”) configured to sense a distance to a cooking vessel (Col. 9, lines 10-17, pot, pan, skillet or the like) on a cooktop (Fig. 1A, cooktop 14) of a cooking appliance (Fig. 1A, cooking appliance 10 and Col. 8, lines 30-34, “one or more thermal sensors 125 that may be capable of detecting when a particular cooking element 16 emanates heat”; Col. 9, lines 10-17, “For example, the ultrasonic sensor 130 may utilize a transducer to send a pulse and to receive the echo; the sensor 130 and/or the controller may then determine a distance to a target (in this case a pot, pan, skillet, or the like) by measuring time lapses between the sending and receiving of the ultrasonic pulse”); and
a processor (Fig. 4, controller 142 and “Controllers 42, 142 may, for example, include one or more processors 44, 144”) configured to perform control to move the arm based on the sensed distance to the cooking vessel to thereby position the intake port based on the sensed distance to the cooking vessel (Col. 11, lines 19-33, “if the cooking element is active the controller will automatically reposition a repositionable vent arm to be closer to the cooking element that was determined to be active” and Col. 6, lines 28-34, “The repositionable vent arm 105 may also move in a second direction, e.g., using a second vent arm drive 124, that is in a plane generally parallel to the cooktop 14, as indicated by the arrow in FIG. 1B. Such multidirectional movement may allow the repositionable vent arm 105 to stabilize over a specific zone or pot or pan on a cooking element 16 that needs venting”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby to automatically control the arm as taught by Scalf in order to provided focused ventilation to the air nearest the active cooking element (as suggested by Col. 5, lines 56-60, “The movement of the repositionable vent arms places them in closer proximity to the active cooking element, allowing the repositionable vent arm to provided focused ventilation to the air nearest the active cooking element.”) and thereby allow a user to focus less on ventilation and more on cooking and/or free up a user’s hands, which is especially useful for more complicated and/or involved recipes.
Furthermore, providing an automatic means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over prior art. See MPEP 2144.04(III).
However, Scalf does not explicitly disclose a sensor module configured to sense a position of a cooking vessel on a cooktop of a cooking appliance; and
a processor configured to perform control to move the arm based on the sensed position of the cooking vessel to thereby position the intake port based on the sensed position of the cooking vessel.
Zhang discloses a fume hood (Par. 0010) similar to the present invention and Zhang further discloses it is known to have a sensor module (Par. 0009, pot position sensor) configured to sense a position of a cooking vessel (Par. 0009, pot) on a cooking appliance (Par. 0009, stove, “During stove use, the pot position sensor tracks and identifies the position of the pot”); and
a processor (Par. 0047, sensor actuator 11) configured to perform control to move a valve (Par. 0047, plating exhaust port valve) based on the sensed position of the cooking vessel to thereby position an intake port (Par. 0047, exhaust duct of plating fume hood 13) based on the sensed position of the cooking vessel (Par. 0047, “A plating exhaust port valve is installed on the plating exhaust port. The plating exhaust port valve is controlled by the sensor actuator 11. When the pot position sensor detects that the pot is in the plating position, the plating exhaust port valve is opened, and the valves of the tossing exhaust port 5 and the fire exhaust port 4 are closed.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to sense a position of a cooking vessel, as taught by Zhang in order to more efficiently track and extract oil fumes and remove oil fumes (as suggested by Par. 0006 of Zhang: “more efficiently track and extract oil fumes, and remove oil fumes while striving to achieve the goal of energy conservation and emission reduction”) and thereby increase energy and/or cost savings.
Regarding claim 2, Battersby, as modified above, discloses the hood system of claim 1, wherein
the exhaust duct (Fig. 1, air outlet generally indicated by arrow 23) comprises a first duct (Par. 0071, “air entering the inlet 3 of the body 2 of the apparatus 1 will pass through the outlet 23,” which inherently discloses a duct) communicating with the intake port (Fig. 1, air inlet 3) of the arm (Fig. 1, body 2).
However, Battersby, as modified above, does not disclose the main body comprises a fixed intake port on a surface of the main body and a second duct communicating with the fixed intake port.
Scalf further discloses it is known to have a main body (Fig. 1A, housing 102) comprises a fixed intake port (Fig. 1B, area inlet 108) on a surface of the main body (Fig. 1B, area inlet 108 is on the bottom surface of housing 102) and a second duct (Fig. 1A, portion of exhaust conduit 104 outside exhaust conduit 106. It’s noted exhaust conduit 106 is a ‘first duct’) communicating with the fixed intake port (Col. 6, lines 7-10, “area inlet 108 may be in fluid communication with the exhaust conduit 104 so that air may be drawn through this area inlet 108 to provide area (or general) ventilation for the cooktop”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to include the fixed intake port as taught by Scalf in order to have an intake port that provides area or general ventilation for the cooktop (as suggested by Col. 6, lines 7-10 of Scalf, quoted above) and thereby increase user comfort.
Regarding claim 11, Battersby, as modified above, discloses the hood system of claim 1.
However, Battersby, as modified above, does not disclose the sensor module is configured to sense at least one of:
a position of a user of the cooking appliance,
motion of the user
an operation performed by the user,
an ambient temperature of the hood system,
a temperature of a heater of the cooking appliance,
a temperature of a cooking vessel on a cooktop of the cooking appliance,
air quality in a vicinity of the hood system, and
air volume in the vicinity of the hood system, and
the processor is configured to perform control to move the arm, and thereby position the intake port, based on the sensed at least one of:
a position of a user of the cooking appliance,
motion of the user,
an operation performed by the user,
an ambient temperature of the hood system,
a temperature of a heater of the cooking appliance,
a temperature of a cooking vessel on a cooktop of the cooking appliance,
air quality in a vicinity of the hood system, and
air volume in the vicinity of the hood system.
Scalf further discloses it is known for a sensor module (Fig. 1B, thermal sensor 125 and Col. 9, lines 7-11, “In some embodiments, the repositionable vent arm 105 may include an ultrasonic or other distance sensor that may be capable of detecting a distance to a pot, pan, skillet, or the like on a cooking element 16” and Col. 5, lines 6-11, “It will be appreciated that cooking appliance 10 may include various types of user controls in other embodiments, including various combinations of switches, buttons, knobs and/or sliders, typically disposed at the rear or front (or both) of the cooking appliance.”) to be configured to sense at least one of:
motion of the user (Col. 11, lines 19-33, “the determination that a cooking element is active may include the controller receiving a signal from the cooking appliance. In such instances, the signal may be generated in response to a cooking element being activated in response to a user input (e.g. user actuation of one or more user controls)” and Col. 5, lines 27-28, “user input may be received through a spoken or a gesture-based interface”),
an operation performed by the user (Col. 5, lines 52-56, “the detection of user control activation of the cooking element”),
an ambient temperature of the hood system (Figs. 1A-B, thermal sensor 125 and Col. 8, lines 44-45, “thermal sensor 125 may be incorporated into a thermal imaging system”. Examiner notes one of ordinary skill in the art would understand that given the thermal sensor 125 is located on the bottom of housing 102, the ambient temperature underneath housing 102 will be part of the temperature detected by the thermal sensor 125 when it is incorporated into a thermal imaging system),
a temperature of a heater of the cooking appliance (Col. 8, lines 36-39, “the thermal sensor 125 detects that a particular cooking element 16 is on and thus heat is emanating”),
a temperature of a cooking vessel on a cooktop of the cooking appliance (Col. 8, lines 53-55, “In some embodiments, the thermal sensor may even be disposed on or proximate to the cooktop, rather than in the venting appliance itself.” Examiner notes one of ordinary skill in the art would understand the temperature of a cooking vessel will be part of the temperature detected by the thermal sensor when it is disposed on or proximate to the cooktop.),
air quality in a vicinity of the hood system (Col. 8, lines 36-42, “the venting appliance 100 may include sensors to detect volatile organic compounds and/or particles”), and
a processor (Fig. 4, controller 142 and “Controllers 42, 142 may, for example, include one or more processors 44, 144”) is configured to perform control to move an arm (Fig. 1A, repositionable vent arm 105), and thereby position an intake port (Fig. 1A, inlet 107), based on the sensed at least one of:
motion of the user (Col. 11, lines 19-33, “if the cooking element is active the controller will automatically reposition a repositionable vent arm to be closer to the cooking element that was determined to be active…the determination that a cooking element is active may include the controller receiving a signal from the cooking appliance. In such instances, the signal may be generated in response to a cooking element being activated in response to a user input (e.g. user actuation of one or more user controls)”),
an operation performed by the user (Col. 5, lines 52-56, “Such repositionable vent arms may automatically move in response to…the detection of user control activation of the cooking element”),
an ambient temperature of the hood system (Col. 8, lines 31-35, “one or more thermal sensors 125 that may be capable of detecting when a particular cooking element 16 emanates heat. Through use of a controller, described in detail with respect to FIG. 4, the repositionable vent arm 105 may be repositioned in response to a signal from the thermal sensor 125.”. Examiner notes one of ordinary skill in the art would understand that given the thermal sensor 125 is located on the bottom of housing 102, the ambient temperature underneath housing 102 will be part of the temperature detected by the thermal sensor 125 when it is incorporated into a thermal imaging system),
a temperature of a heater of the cooking appliance (Col. 8, lines 33-39, “Through use of a controller, described in detail with respect to FIG. 4, the repositionable vent arm 105 may be repositioned in response to a signal from the thermal sensor 125. For example, where the thermal sensor 125 detects that a particular cooking element 16 is on and thus heat is emanating, the repositionable vent arm 105 may be positioned over, or closer to, that particular cooking element”),
a temperature of a cooking vessel on a cooktop of the cooking appliance (Col. 8, lines 33-55, “Through use of a controller, described in detail with respect to FIG. 4, the repositionable vent arm 105 may be repositioned in response to a signal from the thermal sensor 125…In some embodiments, the thermal sensor may even be disposed on or proximate to the cooktop, rather than in the venting appliance itself.” Examiner notes one of ordinary skill in the art would understand the temperature of a cooking vessel will be part of the temperature detected by the thermal sensor when it is disposed on or proximate to the cooktop.),
air quality in a vicinity of the hood system (Col. 8, lines 36-42, “For example, where the thermal sensor 125 detects that a particular cooking element 16 is on and thus heat is emanating, the repositionable vent arm 105 may be positioned over, or closer to, that particular cooking element. In other embodiments, the venting appliance 100 may include sensors to detect volatile organic compounds and/or particles”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module and processor of Battersby, as modified above, with the capabilities of the same of Scalf in order to collect the moisture, odor, etc. laden air before it escapes into the surrounding atmosphere and stabilize the arm closer to the cooking vessel (as suggested by Col. 6, lines 26-34 of Scalf: “allow the repositionable vent arm 105 to move vertically (e.g. perpendicular to the cooktop 14), as indicated by the arrow in FIG. 1A, so as to stabilize closer to the cooktop 14 and collect the moisture, odor, etc. laden air before it escapes into the surrounding atmosphere. The repositionable vent arm 105 may also move in a second direction, e.g., using a second vent arm drive 124, that is in a plane generally parallel to the cooktop 14, as indicated by the arrow in FIG. 1B. Such multidirectional movement may allow the repositionable vent arm 105 to stabilize over a specific zone or pot or pan on a cooking element 16 that needs venting”), which increases the effectiveness of the hood system (as suggested by the disclosure of the problems in the prior art that Scalf’s invention seeks to overcome in Col. 1, lines 17-23 of Scalf: “However, these hoods or vents have limited effect due to their location; for example many of these hoods or vents are positioned approximately 30 inches above the cooktop, so their ability to capture cooking byproducts emanating from a particular location on a cooking appliance (e.g., from a specific pot or pan placed on the cooking appliance) is limited”).
Regarding claim 12, Battersby discloses a method of controlling a hood system (Fig. 1 extraction apparatus 1) including a main body (Fig. 1, mounting means 5) comprising an exhaust duct (Fig. 1, air outlet generally indicated by arrow 23. See Par. 0068), a movable arm (Fig. 1, body 2. An arm is a slender part of a structure projecting from a main part, therefore second body 2 is a ‘movable arm’ because it is a slender part projecting mounting means 4 that moves from at least first position 7 to second position 8) including an intake port (Fig. 1, air inlet 3),
sensing the position of a cooking vessel (Fig. 1, pots 11, 12, 13) on a cooking appliance (Fig. 1, stove 10 and Par. 0081, “In use, if the cooking area 9 only had pots 11 and 12 cooking”. It’s noted the user must necessarily use their sense organs to perceive that only pots 11 and 12 are cooking);
moving the arm based on the sensed position of the cooking vessel, to thereby position the intake port based on the sensed position of the cooking vessel (Par. 0081, “In use, if the cooking area 9 only had pots 11 and 12 cooking, the body 2 would preferably be pivoted until it lies at the position 8. That is, where the body 2 lies substantially above the pots 11 and 12”);
causing air to be sucked into the intake port, so that the air sucked into the intake port passes through the arm and into the exhaust duct (Par. 0081, “whereby the rising cooking vapours may be drawn into the inlet 3 and ultimately out through the air outlet 4.”),
sensing a change in the position of the cooking vessel on the cooktop of the cooking appliance by the sensor module (Par. 0082, “If only pot 13 was being used”); and
moving the arm based on the sensed change in the position of the cooking vessel, to thereby position the intake port based on the sensed change in the position of the cooking vessel (Par. 0082, “If only pot 13 was being used, it will be appreciated that the body 2 would then be moved into the position 16 so that it lies substantially above pot 13. Hence, the cooking vapours from pot 13 may therefore be similarly drawn into the air inlet 3 and ultimately out through the air outlet 4.”. Again, the user must necessarily use their sense organs to perceive that only pots 11 and 12 are cooking).
However, Battersby does not disclose a sensor module configured to sense a position of a cooking vessel on a cooktop of a cooking appliance, the method comprising:
sensing the position of the cooking vessel on the cooktop of the cooking appliance by the sensor module;
moving the arm based on the sensed position of the cooking vessel, to thereby position the intake port based on the sensed position of the cooking vessel;
causing air to be sucked into the intake port, so that the air sucked into the intake port passes through the arm and into the exhaust duct;
sensing a change in the position of the cooking vessel on the cooktop of the cooking appliance by the sensor module; and
moving the arm based on the sensed change in the position of the cooking vessel, to thereby position the intake port based on the sensed change in the position of the cooking vessel.
Scalf discloses a venting appliance (Fig. 1A, venting appliance 100) similar to the present invention and Scalf further discloses it is known to have
an arm (Fig. 1A, repositionable vent arm 105) comprising an intake port (Fig. 1A, inlet 107), the arm configured to allow air to be sucked into the intake port so as to pass through the arm and thereafter into the exhaust duct (Fig. 1A and Col. 6, lines 35-39, “repositionable vent arm 105 may be positioned over a large pot of boiling water 38, so that air is drawn through the inlet 107 to capture the moisture rich air over the boiling water 38 preventing it from escaping into the surrounding atmosphere”);
a sensor module (Fig. 1B, thermal sensor 125 and Col. 9, lines 7-11, “In some embodiments, the repositionable vent arm 105 may include an ultrasonic or other distance sensor that may be capable of detecting a distance to a pot, pan, skillet, or the like on a cooking element 16” and Col. 5, lines 6-11, “It will be appreciated that cooking appliance 10 may include various types of user controls in other embodiments, including various combinations of switches, buttons, knobs and/or sliders, typically disposed at the rear or front (or both) of the cooking appliance.”) configured to sense a distance to a cooking vessel (Col. 9, lines 10-17, pot, pan, skillet or the like) on a cooktop (Fig. 1A, cooktop 14) of a cooking appliance (Fig. 1A, cooking appliance 10 and Col. 8, lines 30-34, “one or more thermal sensors 125 that may be capable of detecting when a particular cooking element 16 emanates heat”; Col. 9, lines 10-17, “For example, the ultrasonic sensor 130 may utilize a transducer to send a pulse and to receive the echo; the sensor 130 and/or the controller may then determine a distance to a target (in this case a pot, pan, skillet, or the like) by measuring time lapses between the sending and receiving of the ultrasonic pulse”), the method comprising:
sensing the distance to the cooking vessel on the cooktop of the cooking appliance by the sensor module (Col. 9, lines 10-17, “For example, the ultrasonic sensor 130 may utilize a transducer to send a pulse and to receive the echo; the sensor 130 and/or the controller may then determine a distance to a target (in this case a pot, pan, skillet, or the like) by measuring time lapses between the sending and receiving of the ultrasonic pulse”); and
moving the arm based on the sensed position of the cooking vessel, to thereby position the intake port based on the sensed position of the cooking vessel (Col. 9, lines 11-20, “Through use of a controller, described in detail with respect to FIG. 4, the repositionable vent arm 105 may be repositioned in response to a signal from the ultrasonic sensor. For example, the ultrasonic sensor 130 may be used to reposition the repositionable vent arm 105 within a predetermined distance (e.g. 3 inches, 6 inches, etc.) from the detected object (e.g. pot, pan, etc.).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby to automatically control the arm as taught by Scalf in order to provided focused ventilation to the air nearest the active cooking element (as suggested by Col. 5, lines 56-60, “The movement of the repositionable vent arms places them in closer proximity to the active cooking element, allowing the repositionable vent arm to provided focused ventilation to the air nearest the active cooking element.”) and thereby allow a user to focus less on ventilation and more on cooking and/or free up a user’s hands, which is especially useful for more complicated and/or involved recipes.
Furthermore, providing an automatic means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over prior art. See MPEP 2144.04(III).
However, Battersby, as modified above, does not disclose a sensor module configured to sense a position of a cooking vessel on a cooktop of a cooking appliance, the method comprising:
sensing the position of the cooking vessel on the cooktop of the cooking appliance by the sensor module;
sensing a change in the position of the cooking vessel on the cooktop of the cooking appliance by the sensor module; and
moving the arm based on the sensed change in the position of the cooking vessel, to thereby position the intake port based on the sensed change in the position of the cooking vessel.
Zhang discloses a fume hood (Par. 0010) similar to the present invention and Zhang further discloses it is known to have a sensor module (Par. 0009, pot position sensor) configured to sense a position of a cooking vessel (Par. 0009, pot) on a cooking appliance (Par. 0009, stove, “During stove use, the pot position sensor tracks and identifies the position of the pot”), and
moving a valve (Par. 0047, plating exhaust port valve) based on the sensed position of the cooking vessel to thereby position an intake port (Par. 0047, exhaust duct of plating fume hood 13) based on the sensed position of the cooking vessel (Par. 0047, “A plating exhaust port valve is installed on the plating exhaust port. The plating exhaust port valve is controlled by the sensor actuator 11. When the pot position sensor detects that the pot is in the plating position, the plating exhaust port valve is opened, and the valves of the tossing exhaust port 5 and the fire exhaust port 4 are closed.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to sense a position of a cooking vessel, as taught by Zhang in order to more efficiently track and extract oil fumes and remove oil fumes (as suggested by Par. 0006 of Zhang: “more efficiently track and extract oil fumes, and remove oil fumes while striving to achieve the goal of energy conservation and emission reduction”) and thereby increase energy and/or cost savings.
Regarding claim 13, these limitations are recited in the same or substantially the same manner as in claim 11 above. Therefore, claim 13 is rejected in the same or substantially the same manner as applied to claim 11 above.
Regarding claim 16, Battersby, as modified above, discloses the method of claim 12.
However, Battersby, as modified above, does not disclose the sensor module is configured to sense a boiling of contents in the cooking vessel on the cooktop of the cooking appliance, and the method further comprises:
moving the arm toward the cooking vessel based on the sensed boiling of contents.
Scalf further discloses it is known for the sensor module (Fig. 1B, thermal sensor 125 and Col. 9, lines 7-11, “In some embodiments, the repositionable vent arm 105 may include an ultrasonic or other distance sensor that may be capable of detecting a distance to a pot, pan, skillet, or the like on a cooking element 16” and Col. 5, lines 6-11, “It will be appreciated that cooking appliance 10 may include various types of user controls in other embodiments, including various combinations of switches, buttons, knobs and/or sliders, typically disposed at the rear or front (or both) of the cooking appliance.”) to be configured to sense a boiling of contents in the cooking vessel on the cooktop of the cooking appliance (Fig. 1A and Col. 6, lines 34-39, “As a non-limiting example, the inlet 107 of the repositionable vent arm 105 may be positioned over a large pot of boiling water 38, so that air is drawn through the inlet 107 to capture the moisture rich air over the boiling water 38 preventing it from escaping into the surrounding atmosphere.”), and the method further comprises:
moving the arm (Fig. 1A, repositionable vent arm 105) toward the cooking vessel based on the sensed boiling of contents (Fig. 1A and Col. 6, lines 22-47, “A vent arm drive 122 (e.g. a motor or the like) may allow the repositionable vent arm 105 to move vertically (e.g. perpendicular to the cooktop 14), as indicated by the arrow in FIG. 1A, so as to stabilize closer to the cooktop 14 and collect the moisture, odor, etc. laden air before it escapes into the surrounding atmosphere…As a non-limiting example, the inlet 107 of the repositionable vent arm 105 may be positioned over a large pot of boiling water 38, so that air is drawn through the inlet 107 to capture the moisture rich air over the boiling water 38 preventing it from escaping into the surrounding atmosphere.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module of Battersby, as modified above, with the capabilities of the same as taught by Scalf in order to provided focused ventilation to the air nearest the active cooking element (as suggested by Col. 5, lines 56-60, “The movement of the repositionable vent arms places them in closer proximity to the active cooking element, allowing the repositionable vent arm to provided focused ventilation to the air nearest the active cooking element.”) and thereby allow a user to focus less on ventilation and more on cooking and/or free up a user’s hands, which is especially useful for more complicated and/or involved recipes.
Regarding claim 20, Battersby, as modified above, discloses the method of claim 12.
However, Battersby, as modified above, does not disclose receiving information indicating a driving state of an Internet-of-things (loT) device through a network, and
moving the arm based on the received information indicating the driving state of the loT device.
Scalf further discloses receiving information indicating a driving state (Figs. 4 and 5, cooking element 16 and Col. 8, lines 36-39, “where the thermal sensor 125 detects that a particular cooking element 16 is on and thus heat is emanating, the repositionable vent arm 105 may be positioned over, or closer to, that particular cooking element.” and “Col. 10, lines 14-17, Controller 42 may also be interfaced with the repositionable vent arm 105 and fan 116, via a wired or wireless connection, in order to control their operation”. Examiner notes one of ordinary skill in the art would understand cooking element is at least capable of being off/on and is therefore capable of different driving or operational states) of an Internet-of-things (IoT) device (Fig. 4, cooking appliance 10 and Col. 10, lines 27-38, “controllers 42, 142 may also be coupled to one or more network interfaces 60, e.g., for interfacing with external devices via wired and/or wireless networks such as Ethernet, Wi-Fi, Bluetooth, NFC, cellular and other suitable networks, collectively represented in FIG. 4 at 62. Network 62 may incorporate in some embodiments a home automation network, which may be used to communicate control signals between cooking appliance 10, venting appliance 100, and various non-cooking external devices, e.g. one or more smartphone, tablet, etc. devices 66.” Examiner notes a cooking appliance is an Internet-of-things devices in accordance with Par. 0058 of the applicant’s as-filed specification) through a network (Fig. 4, network 52. Examiner notes thermal sensor 125 is part of appliance 100, not cooking device 10), and
moving the arm (Fig. 4, controller 42 and fan 116 and Col. 10, lines 14-20, “Controller 42 may also be interfaced with the repositionable vent arm 105 and fan 116, via a wired or wireless connection, in order to control their operation. In some embodiments, such as illustrated in FIG. 4, controller 42 may be interfaced with the repositionable vent arm 105 and fan 116 via a network connection with controller 142 in the venting appliance”) based on the received information indicating the driving state (Figs. 4 and 5, cooking element 16 and Col. 8, lines 36-42, “where the thermal sensor 125 detects that a particular cooking element 16 is on and thus heat is emanating, the repositionable vent arm 105 may be positioned over, or closer to, that particular cooking element.” and Col. 10, lines 14-17, “Controller 42 may also be interfaced with the repositionable vent arm 105 and fan 116, via a wired or wireless connection, in order to control their operation”. Examiner notes controller 42 moves repositionable vent arm 105 closer to cooking element 16 when cooking element 16 has been activated) of the IoT device (Fig. 4, cooking appliance 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hood system of Battersby, as modified above, to include the internet-of-things device as taught by Scalf so a user can control the hood system from another room for increased user convenience and/or comfort. For example, a user could remotely position the arm closer to the cooking element if they started to smell cooking fumes from another room to mitigate the spread of cooking fumes throughout the house.
Claims 3-4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A) and further in view of Heo et al (US11466866B2, hereafter Heo).
Regarding claim 3, Battersby, as modified above, discloses the hood system of claim 2, wherein the main body (Fig. 1, mounting means 5) comprises:
an exhaust port (Fig. 1, air outlet 4) to discharge the air passing into the exhaust duct (Fig. 1, air outlet generally indicated by arrow 23) to outside of the hood system (Par. 0071, “air entering the inlet 3 of the body 2 of the apparatus 1 will pass through the outlet 23 and ultimately out through the outlet 4 (provided in the mounting means 5). Within the wall 6 is appropriate ducting to direct the extracted air out of the building (ducting not shown)”).
However, Battersby, as modified above, does not disclose a fan housing communicating with the exhaust port and housing the fan, and
a wall partitioning an interior of the exhaust duct into the first duct from the second duct.
Heo discloses a kitchen hood (Abstract) similar to the present invention and Heo further discloses it is known to have a fan housing (Fig. 11, fan housing 310) communicate with an exhaust port (Fig. 11, top opening 140a and Col. 8, lines 51-53, “Suctioned air may be discharged or exhausted through the upper opening 140 a”) and house a fan (Fig. 11, fan 300 and Col. 9, lines 31-36, “fan housing 310 may include an incline extending upward from above a center of the fan 300 toward a side (e.g., a left side) so as to guide discharged air evenly outside of the first and second openings 141 a and 142 a of the first housing top frame 140”. Examiner notes top opening 140a comprises first and second openings 141a and 142a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to include the fan housing as disclosed by Heo in order to guide air upward (As suggested by Heo: “fan housing 310 may serve as an air guide, and may extend in a spiral shape and be configured to guide air discharged from the fan 300 upward”) and enclose the fan and thereby increase the effectiveness of the fan for improved indoor air quality and/or protect the fan (As suggested by Heo: “A front-rear length of the fan housing 310 may be greater than or equal to a front-rear length of the fan 300 so as to protect the fan and guide discharged air.”).
However, Battersby, as modified above, does not disclose a wall partitioning an interior of the exhaust duct into the first duct from the second duct.
Scalf further discloses it is known to have a wall (Fig. 1A, wall or material layer enclosing exhaust conduit 106) partitioning an interior of the exhaust duct (Fig. 1A, exhaust conduit 104) into the first duct (Fig. 1A, exhaust conduit 106) from the second duct (Fig. 1A, portion of exhaust conduit 104 outside exhaust conduit 106. It’s noted exhaust conduit 106 is a ‘first duct’).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to have the wall as taught by Scalf in order to have a pipe-in-pipe configuration that allows the arm to retract when it is not in use (as suggested by Col. 5, lines 65-Col. 6, line 3 of Scalf: “a pipe-in-pipe configuration where a housing 102 may be coupled to an exhaust conduit 104 with an associated fan 114, into which another focused exhaust conduit 106 (a portion of a repositionable vent arm 105) with an associated focused fan 116 may retract when not in use.”).
Regarding claim 4, Battersby, as modified above, discloses the hood system of claim 2, further comprising a state in which the fixed intake port is open (Scalf: Fig. 1A, area inlet 108 and Col. 6, lines 7-10, ”area inlet 108 may be in fluid communication with the exhaust conduit 104 so that air may be drawn through this area inlet 108 to provide area (or general) ventilation for the cooktop”. Examiner notes area inlet 108 must necessarily be open for air to be drawn through it).
However, Battersby, as modified above, does not disclose a door configured to selectively open and close the intake port of the arm.
Heo discloses a kitchen hood (Abstract) similar to the present invention and Heo further discloses it is known for a door (Fig. 12, damper 660) to be configured to selectively open and close (Col. 11, lines 51-54, “damper 660 may be configured to open and close a suction passage defined between the steam cleaning assembly 600 and left and right sides of the second housing 200”) an intake port (“suction passage”) of an arm (Col. 11, lines 52-54, “suction passage defined between the steam cleaning assembly 600 and left and right sides of the second housing 200” An arm is a movable slender part of a structure projecting from a main part, therefore second housing 200 is an ‘arm’ because it is a slender part of the kitchen hood projecting from first housing 100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hood system of Scalf to include a door as disclosed by Heo in order to selectively control the opening of the intake port (As suggested by Heo: “a damper 660 closest to the cookware may be opened or at least partially opened, while a damper 660 furthest from the cookware may be closed or at least partially closed”) and thereby increase suction action closer to the cookware (As suggested by Heo: “a damper 660 closest to the cookware may be opened or at least partially opened, while a damper 660 furthest from the cookware may be closed or at least partially closed so as to increase a suction action closer to the cookware”) for increased suction effectiveness and/or efficiency.
Regarding claim 17, Battersby, as modified above, discloses the method of claim 12,
wherein the hood system (Fig. 1 extraction apparatus 1) is for a cooking appliance (Fig. 1, stove 10).
However, Battersby, as modified above, does not disclose the sensor module is configured to sense a deterioration of air quality in a vicinity of the hood system, and the method further comprises:
moving the arm toward the cooking vessel on the cooktop of the cooking appliance based on the sensed deterioration of air quality.
Heo discloses a kitchen hood (Abstract) similar to the present invention and Heo further discloses it is known for a sensor module (Fig. 11, AQ sensing assembly 500, sensory assembly 700) to be configured to sense a deterioration of air quality in a vicinity of a hood system (Abstract, kitchen hood and Col. 34, lines 6-8 “AQ Sensing Assembly 500 constantly or periodically senses air quality in the kitchen.” and Col. 34, lines 8-12 “The fan 300 and/or a height of the second housing 200 may be automatically controlled based on the detections by the AQ Sensing Assembly 500 to maintain an acceptable air quality in the kitchen”), and the method further comprises:
moving an arm (Fig. 9, second housing 200. An arm is a slender part of a structure projecting from a main part, therefore second housing 200 is an ‘arm’ because it is a slender part of the kitchen hood projecting from first housing 100) toward a cooking vessel (Abstract, cookware) on a cooktop (Col. 47, lines 37-40, “kitchen hood comprising a case having an upper section and a lower section and configured to be installed over a cooktop surface”) of a cooking appliance (Col. 12, lines 17-29, stove, “A bottom of the second housing 200 may include a sensor assembly 700 to sense a height of cookware provided on a stove below the kitchen hood 1”) based on the sensed deterioration of air quality (Fig. 2 and Abstract and Col. 34, lines 8-12 “The fan 300 and/or a height of the second housing 200 may be automatically controlled based on the detections by the AQ Sensing Assembly 500 to maintain an acceptable air quality in the kitchen” and Col. 44, lines 53-55 “The kitchen hood may continuously sense an air quality in the kitchen and respond by turning on a fan and/or lowering a suction grill”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module of Battersby, as modified above, to include the capabilities of the same as taught by Heo in order to maintain an acceptable air quality in the kitchen (As suggested by Col. 34, lines 6-11 of Heo: ”the AQ Sensing Assembly 500 constantly or periodically senses air quality in the kitchen. The fan 300 and/or a height of the second housing 200 may be automatically controlled based on the detections by the AQ Sensing Assembly 500 to maintain an acceptable air quality in the kitchen.”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A) and further in view of Castwall (EP0443301A1).
Regarding claim 5, Battersby, as modified above, discloses the hood system of claim 1.
However, Battersby, as modified above, does not disclose the arm comprises:
a first arm comprising a first end portion connected to the main body and a second end portion opposite to the first end portion,
a second arm comprising a third end portion connected to the second end portion of the first arm and a fourth end portion opposite to the third end portion,
a first joint configured to connect the main body and the first end portion to allow the first arm to rotate within a predetermined angle range, and
a second joint configured to connect the second end portion and the third end portion to allow the second arm to rotate within a predetermined angle range.
Castwall discloses a kitchen ventilator (Abstract) similar to the present invention and Castwall further discloses an arm (Fig. 1, inlet member 16) that comprises:
a first arm (Fig. 1, first link arm 16a) comprising a first end portion (Fig. 1, right end of first link arm 16a) connected to a main body (Fig. 1, housing 10) and a second end portion (Fig. 1, left end of first link arm 16a) opposite to the first end portion,
a second arm (Fig. 1, second link arm 16b) comprising a third end portion (Fig. 1, right end of second link arm 16b) connected to the second end portion of the first arm and a fourth end portion (Fig. 1, left end of second link arm 16b) opposite to the third end portion,
a first joint (Fig. 1 and Claim 2, “first link arm (16a) pivotally connected to the housing (10)”) configured to connect the main body and the first end portion (See Fig. 1) to allow the first arm to rotate within a predetermined angle range (Fig. 1 and Col. 1, lines 50-55, “The link arms can be adjusted and latched in any preferred position between the shown lower position in which they are mutually aligned, and the upper position in which they are mutually perpendicular”), and
a second joint (Fig. 1 and Claim 2, “second link arm (16b) pivotally connected to said first link arm”) configured to connect the second end portion and the third end portion (See Fig. 1) to allow the second arm to rotate within a predetermined angle range (Fig. 1 and Col. 1, lines 50-55, as quoted above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to include the first and second arm disclosed by Castwall in order to pivotally connect the intake port of the arm to the main body (As suggested by Castwall: “the inlet member is pivotally connected to the housing.”) and thereby increase the effectiveness of the hood system (As suggested by Castwall: “The object of the present invention is to provide a kitchen ventilator which ensures a more effective catching of cooking fumes than has been possible by the constructions used hitherto. This has been achieved by means of a kitchen ventilator of the kind mentioned in the introductory, which according to the invention is characterized in that the inlet member is pivotally connected to the housing.”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf), Zhang (CN 106765409 A), and Castwall (EP0443301A1) and further in view of Heo et al (US11466866B2, hereafter Heo).
Regarding claim 7, Battersby, as modified above, discloses the hood system of claim 5, wherein the intake port (Fig. 1, air inlet 3) is on a surface of the arm (Fig. 1, bottom of body 2) extending from the third end portion (Castwall: Fig. 1, right end of second link arm 16b) to the fourth end portion (Castwall: Fig. 1, left end of second link arm 16b) and longitudinally extends in a direction from the third end portion to the fourth end portion (Fig. 1, air inlet 3. Castwall: Fig. 1, which shows inlet opening 17 longitudinally extends in a direction from the third end portion to the fourth end portion. Therefore, this limitation is necessarily met after the modification with Castwall explained in claim 5).
However, Battersby, as modified above, does not disclose the intake port is on a side surface of the arm.
Heo discloses a kitchen hood (Abstract) similar to the present invention and Heo further discloses it is known to have an intake port (Fig. 9, suction grill 210) to be on a side surface of an arm (Fig. 9, second housing 200 and Col. 20, lines 18-21, “Adjustments of the height of the second housing 200 via the driving assembly 450…may be implemented in various ways by a controller”. An arm is a movable slender part of a structure projecting from a main part, therefore second housing 200 is an ‘arm’ because it is a slender part of the kitchen hood projecting from first housing 100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Battersby, as modified above, to have an intake port on a side surface of an arm as disclosed by Heo in order to create left and right section passages that can be controlled independently (As suggested by Heo: “The left suction passage may be configured to be selectively opened and closed and the right suction passage may be configured to be selectively opened and closed. An opening and closing of the left and right suction passages may be controlled independently”) and thereby control the volume of suctioned air based on the position of an object to the left or right of the arm (As suggested by Heo: “A volume of suctioned air passing through the left and right passages may be controlled based on a left-right position of an object below the housing.”) for increased suction effectiveness and/or efficiency.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A) and further in view of Ye et al (CN114251693A, hereafter Ye).
Regarding claim 14, Battersby, as modified above, discloses the method of claim 12.
However, Battersby, as modified above, does not disclose the sensor module is configured to sense a movement of a user of the cooking appliance away from the cooking appliance, and
the method comprises:
the moving the arm toward the cooking vessel on the cooktop of the cooking appliance based on the sensed movement of the user of the cooking appliance away from the cooking appliance.
Ye discloses a range hood (Abstract) similar to the present invention and Ye further discloses it is known for a sensor module (Pg. 2, “Technical Field”, Par. 9, detection device) to be configured to sense a movement of a user (Pg. 2, “Technical Field”, Par. 9, user) of a range hood (Pg. 2, “Technical Field”, Par. 9, range hood) away from the range hood (Pg. 2, “Technical Field”, Par. 9, “the detection device detects the distance between the user and the range hood…and when the distance is greater than a third preset value…a user is far away from the range hood”), and
the method comprises:
the moving the range hood downward based on the sensed movement of the user of the range hood away from the range hood (Fig. 1, first position h1 and second position h2 and Pg. 2, “Technical Field”, Par. 9, “the detection device detects the distance between the user and the range hood…and when the distance is greater than a third preset value…controlling the range hood to move downwards from the first position to the second position. Therefore, the range hood can be controlled to descend to a certain position under the condition that a user is far away from the range hood”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module of Battersby, as modified above, to include the capabilities of the same as disclosed by Ye in order to decrease the distance between the range hood and the cooking area when the user is away from the range hood (As suggested by Ye: “the range hood can be controlled to descend to a certain position under the condition that a user is far away from the range hood”) and thereby improve the oil smoke absorption rate (As suggested by Ye: “Therefore, the range hood can be controlled to descend to a certain position under the condition that a user is far away from the range hood, and the oil smoke absorption rate is improved”) for increased effectiveness and/or efficiency of the hood system.
NOTE: It’s the examiner’s position that modified Battersby would read on “the sensor module is configured to sense a movement of a user of the cooking appliance away from the cooking appliance, and
the method comprises:
the moving the arm toward the cooking vessel on the cooktop of the cooking appliance based on the sensed movement of the user of the cooking appliance away from the cooking appliance” (emphasis added) as claimed. To elaborate, Battersby as modified in claim 12 discloses the movable arm (Fig. 1, body 2) of the hood system (Fig. 1 extraction apparatus 1) of the cooking appliance (Fig. 1, stove 10) and the cooking vessel (Fig. 1, pots 11, 12, 13) on a cooktop (Scalf: Fig. 1A, cooktop 14) of the cooking appliance (Fig. 1, stove 10). Given Ye discloses the range hood moves downwards when the user moves away from the range hood and the movable arm of the hood system of Battersby as modified in claim 12 moves closer to the cooking vessel on the cooktop on the cooking appliance when the arm moves down, this necessarily means Battersby as further modified by Ye will read on the limitation as claimed.
Regarding claim 15, Battersby, as modified above, discloses the method of claim 12.
However, Battersby, as modified above, does not disclose the sensor module is configured to sense a movement of a user of the cooking appliance toward the cooking appliance, and
the method further comprises:
moving the arm away from the cooking vessel on the cooktop of the cooking appliance based on the sensed movement of the user of the cooking appliance toward the cooking appliance.
Ye discloses a range hood (Abstract) similar to the present invention and Ye further discloses it is known for a sensor module (Pg. 3, Par. 6, detection device) to be configured to sense a movement of a user (Pg. 3, Par. 6, user) of a range hood (Pg. 3, Par. 6, range hood) toward the range hood (Pg. 3, Par. 6, “s100, at least the distance d between the user and the range hood determined by the detection device 300 is obtained. The distance d here can be understood as a straight-line distance from the user to the range hood directly detected by the detection device, or an indirectly acquired straight-line distance from the user to the range hood, and specifically refer to the following description. And S200, when the distance is not greater than a first preset value,”), and
the method further comprises:
moving the range hood away from the cooking area based on the sensed movement of the user of the cooking appliance toward the cooking area (Fig. 1, first position h1 and second position h2 and Pg. 3, Par. 7, “And S200, when the distance is not greater than a first preset value, controlling the range hood to move from the current position to the first position of the range hood…Therefore, the range hood can be automatically lifted to a certain safe height according to height information of different users or different postures of the same user” and Pg. 3, Par. 10, “For example, when the hood is moved to the first position, the user may lean forward the head to observe cooking conditions and the distance between the user and the hood should at least satisfy more than a preset value”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module of Battersby, as modified above, to include the capabilities of the same as disclosed by Ye in order to maintain distance between the user and the hood (As suggested by Ye: “the distance between the user and the hood should at least satisfy more than a preset value”) and thereby avoid collision between the user and the hood (As suggested by Ye: “distance between the user and the hood should at least satisfy more than a preset value to avoid collision between the head and the hood”) for increased user safety and/or comfort.
NOTE: It’s the examiner’s position that modified Battersby would read on “the sensor module is configured to sense a movement of a user of the cooking appliance toward the cooking appliance, and
the method further comprises:
moving the arm away from the cooking vessel on the cooktop of the cooking appliance based on the sensed movement of the user of the cooking appliance toward the cooking appliance.” (emphasis added) as claimed. To elaborate, Battersby as modified in claim 12 discloses the movable arm (Fig. 1, body 2) of the hood system (Fig. 1 extraction apparatus 1) of the cooking appliance (Fig. 1, stove 10) and the cooking vessel (Fig. 1, pots 11, 12, 13) on a cooktop (Scalf: Fig. 1A, cooktop 14) of the cooking appliance (Fig. 1, stove 10). Given Ye discloses the range hood moves away from the cooking area when the user moves towards the range hood and the movable arm of the hood system of Battersby as modified in claim 12 moves away from to the cooking vessel on the cooktop on the cooking appliance when the arm moves up, this necessarily means Battersby as further modified by Ye will read on the limitation as claimed.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A) and further in view of He et al (CN 111207418 A, hereafter He).
Regarding claim 18, Battersby, as modified above, discloses the method of claim 12, wherein
the hood system (Fig. 1 extraction apparatus 1) includes a fan configured to generate airflow in the exhaust duct (Pars. 0023-0024, “actuation means which, when activated, serves to draw air into said inlet and/or direct air out of said outlet of said body and/or said mounting means… said actuation means is in the form of a fan”).
However, Battersby, as modified above, does not disclose the method further comprising: controlling a driving force of the fan based on the sensed change in the position of the cooking vessel.
He discloses a range hood (Par. 0012) similar to the present invention and He further discloses it is known to have a sensor module (Par. 0048, “The first distance sensor 51 is located above the center of the stove 200 and is used to detect the distance to the bottom of the pot 300; the second distance sensor 52 is located at the edge of the stove 200 and is used to detect the distance to a point on the edge of the pot 300.”) and for a method to include controlling a driving force of a fan (Par. 0050, “when it is determined that the pot is not in contact with the cooker, a signal to decrease the fan speed is sent to the controller”) based on a sensed change in a position of a cooking vessel (Par. 0048, as quoted above and Par. 0050, “During the operation of the range hood 100, the distance between the sensor and the pot 300 on the stove 200 is collected by two distance sensors. Then, the parameters of the two sensors are analyzed and judged…when it is determined that the pot is not in contact with the cooker, a signal to decrease the fan speed is sent to the controller”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor module of Battersby, as modified above, to include the capabilities of the same as taught by He in order to adjust the speed of the range hood according to the working status of the stove and thereby improve the user’s cooking experience (As suggested by Par. 0012 of He: “providing a cooking device that can accurately adjust the speed of the range hood fan in advance according to the working status of the stove, thereby playing a preventive role and improving the user's cooking experience”).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Battersby (EP1197709A1) in view of Scalf et al (US10697647B1, hereafter Scalf) and Zhang (CN 106765409 A) and further in view of Melink (US7048199 B2) and Khan et al (US 20200027009 A1, hereafter Khan).
Regarding claim 19, Battersby, as modified above, discloses the method of claim 12, further comprising,
acquiring additional data on an environment state of the hood system (Par. 0051, amount of cooking vapors, “Having a variable control switch may be of particular advantage given that the amount, volume and/or intensity of cooking vapours varies wildly when cooking, and is also dependent upon the nature of the items being cooked. Hence, should only a mild amount of cooking vapours be produced the strength of the extraction means may be adjusted accordingly”. Data is factual information (such as measurements or statistics) used as a basis for reasoning, discussion, or calculation; therefore, factual information from sensory organs used as a basis for reasoning is ‘data’) based on a sensing result (User must necessarily use their sense organs to perceive that only a mild amount of cooking vapors are produced),
comparing the additional data to pre-stored data and detecting a change (Par. 0051, “the amount, volume and/or intensity of cooking vapours varies wildly when cooking”. It’s noted that ‘pre-stored data’ under the broadest reasonable interpretation includes the user’s memory of the amount of cooking vapors sensed by their sensory organs before only a mild amount of cooking vapors were produced. This change in the amount of the cooking vapors leads to the inventor’s intention of adjusting the strength of the extraction means accordingly for “power savings arc made, when possible, less draught is produced by the extraction apparatus, and also less noise,” as disclosed in Par. 0051),
updating the pre-stored data (Par. 0051, as originally quoted above. It’s noted user’s memory of the amount of cooking vapors most recently sensed by their sensory organs produced would be updated to a ‘mild amount’);
However, Battersby, as modified above, does not disclose transmitting the change to a server; and
receiving new data from the server and updating the pre-stored data.
Melink discloses a commercial kitchen exhaust system (Col 2, lines 36-37) similar to the present invention and Melink further discloses it is known to acquire additional data on the environment state of the hood system (Col. 7, lines 50-59, “Thus, in step 170, the control system operates the exhaust, and possibly the make-up fan, at an appropriate speed as explained above. While, the fans are operating, the control system monitors one or more of the environmental parameters of the facility 10, in step 172. These parameters may include the outside temperature, the kitchen temperature, the exhaust air temperature, and the presence of cooking effluents. Furthermore, for these parameters, in addition to instantaneous monitoring, historical data can be gathered, stored, and analyzed by the control system 72.”)
compare the additional data to pre-stored data and detecting a change (Col. 8, lines 33-47, “In step 184, the control system 72 analyzes the exhaust temperature to determine if it has exceeded the maximum temperature for the current temperature span for a particular time period. For example, the control system 72 determines if the maximum temperature of the current temperature span has been exceeded by more than 5° F for at least ten minutes. If so, then the control system 72 decides, in step 186, to raise the temperature span by one level.
If not, then the control system 72 might still decide that the temperature span should be changed if other criteria are met. In step 188, the control system determines if the average fan speed at the end of an operating day was more than a particular threshold such as, for example, 90%. If so, then the control system 72 returns to step 186 to decide to raise the temperature span.”); and
update the pre-stored data (Col. 8, lines 55-63, “If, however, the preset minimum speed was exceeded, then the control system 72 determines, in step 192, if the fan speed exceeded 90% at any time during the day. If so, then the full temperature span is being utilized and the control system decides the current temperature span is optimal. If not, then the control system decides, in step 194, that the temperature span should be changed to one having a lower maximum temperature in order to more fully utilize the entire temperature span.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hood system of Battersby, as modified above, to include comparing the additional data to pre-stored data and detecting a change and then updating the pre-stored data as disclosed by Khan in order to monitor the speed of the fan (As suggested by Khan: “The monitoring of environmental conditions of the surroundings (step 172) and subsequent analysis (step 174) performed by the control system 72 of the exhaust system 32 involves a wide variety of inputs and decisions. For example, the control system 72 may determine if, throughout the day, the exhaust temperature exceeded the temperature span's maximum temperature for a predetermined time period, or whether the average fan speed exceeded 90% during the operating day.”) and thereby optimize operation of the fans (As suggested by Khan: “control method implemented by control system 72 to analyze the environment of facility 10 to determine whether the current temperature span over which the fans are operated is the optimal one”) for increased effectiveness and/or efficiency of the hood system.
Furthermore, providing an automatic means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over prior art. See MPEP 2144.04(III).
However, Battersby, as modified above, does not disclose transmitting the change to a server; and
receiving new data from the server and updating the pre-stored data.
Khan discloses a solution to the problem of how to use sensed environmental data to control an operational mode of an operating environment (Par. 0043, “These devices 102, 104, and 106 are configured to record environmental data, which includes various components (e.g., temperature, humidity and/or pollutant levels, such as TVOC, CO2, PM2.5), and send the recorded levels of the components of the environmental data to a local server/database 110. This local server/database 110 may: i) analyze the data, ii) determine if all levels contained within environmental data are within predefined threshold ranges, and iii) may recommend that the IAQ system 10 take certain steps (e.g., turn ON/OFF various appliances) to bring certain levels of the components within the predetermined threshold range. The IAQ system 10 can then carry out these steps by controlling the operational mode (e.g., ON/OFF and/or the speed of the fan) of various appliances 106 contained within the operating environment 98.”) similar to the problem of how to use sensed environmental data to control operation of the hood system in the present invention. Khan further discloses it is known to acquire additional data on the environment state of a domestic device based on a sensing result (Fig. 3, step 302 and Par. 0087);
update pre-stored data (Fig. 3, step 304 and Par. 0046, “A model may receive input data of a particular form and provide a result (an output) based on the data. The result may be predictive and/or indicative of the state of a device or system or environment etc. The input data may comprise at least one measurement of a physical parameter and/or an operating parameter and/or a device parameter etc” and Par. 0048, “The electronic device 202 includes a memory resource which stores the local model M1. The local model M1 is obtained by the use of a machine learning process. The first processor in the electronic device 202 is configured to obtain the raw data at the electronic device 202 and apply the local model to the raw data to obtain a local model result.”);
transmit additional data and pre-stored data to a server (Fig. 3, step 308 and Par. 0058, “Thus, the first processor of the electronic device 202 is configured to send the data, further data derived from the data and/or the local model result in dependence on a comparison between the confidence in the local model result and the confidence threshold. An algorithm may be used to automatically compare the confidence score and the threshold and determine when data should be sent to the computer server 210.”); and
receive new data from the server and updating the pre-stored data (Fig. 3, step 310).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hood system of Battersby, as modified above, to include transmitting a change to a server and receiving new data from the server and updating the pre-stored data as disclosed by Khan in order to allow informed decisions to be made regarding when to update electronic device local models (As suggested by Khan: “allows informed decisions to be made regarding when to update electronic device local models”) and thereby improve model accuracy, decrease training times and reduce communication overheads (As suggested by Khan: “Model accuracy is improved when compared to having a single model. Less time in training is required compared to the approach in which models are trained frequently, without a significant drop in model accuracy. Further advantages also include reduced communication overheads required for re-training models compared against a baseline.”) for increased cost-savings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Poland (US 0201943 A) discloses a hood system comprising:
a main body comprising an exhaust duct;
an arm comprising an intake port, the arm configured to allow air to be sucked into the
intake port so as to pass through the arm and thereafter into the exhaust duct.
Belt (US 2554694 A) discloses a hood system comprising:
a main body comprising an exhaust duct;
a fan configured to generate airflow in the exhaust duct;
an arm comprising an intake port, the arm configured to allow air to be sucked into the
intake port so as to pass through the arm and thereafter into the exhaust duct.
Khosropour (US 6647978 B1) discloses a hood system comprising:
a main body comprising an exhaust duct;
a fan configured to generate airflow in the exhaust duct;
an arm comprising an intake port, the arm configured to allow air to be sucked into the
intake port so as to pass through the arm and thereafter into the exhaust duct.
Kim et al (US 11009237 B2) discloses a hood system comprising:
a main body comprising an exhaust duct;
a fan configured to generate airflow in the exhaust duct;
an arm comprising an intake port, the arm configured to allow air to be sucked into the
intake port so as to pass through the arm and thereafter into the exhaust duct.
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.
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/E.A.L./Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762