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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-7, 9-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In this case, the term “a main cavity having an open end…” , recited in claim 1, line 2 (also claim 6, line 2), contains subject matter which was not described in the specification at the time the application was filed. Clarification or deletion is needed.
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.
Claim(s) 1-2, 6 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 2,714,070) in view of Hakamata et al (US 5,133,825) both previously cited. Regarding claims 1 and 6, Welch discloses a microwave heating apparatus and method comprising at least one wall (Figure 1) defining a main cavity (11) having an open end, the main cavity defining an inner and outer portion of device, at least one source (13) of electromagnetic wave emission configured to emit electromagnetic waves directly into the main cavity (11). However, Welch does not disclose at least one wall of the main cavity comprises at least one portion bent at an acute angle formed against a vertical centerline of reference of the main cavity to reflect the electromagnetic waves out of the open end of the main cavity; a permanent magnet element is arranged in the at least one wall of the main cavity to change a course of at least a portion of the electromagnetic waves out of the open end of the main cavity. Hakamata discloses at least one wall of the main cavity (1, Figure 6) comprises at least one portion bent at an acute angle formed against a vertical centerline of reference of the main cavity to reflect the electromagnetic waves out of the open end of the main cavity (Figure below); a permanent magnet element is arranged in the at least one wall of the main cavity to change a course of at least a portion of the electromagnetic waves out of the open end of the main cavity (Figure below). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to utilize in Welch at least one wall of the main cavity comprises at least one portion bent at an acute angle formed against a vertical centerline of reference of the main cavity, wherein that at least one wall of the main cavity, a permanent magnet element is arranged as taught by Hakamata in order to improve distribution of electromagnetic waves. Regarding claim 2, Hakamata discloses the angle but does not specify the angle being provided between 150 and 400 . It would have been obvious to one ordinary skill in the art before the effective filing date of the invention to have the angle being provided between 150 and 400 in order to suitable for user specific application. Regarding claims 18 and 19, Hakamata discloses the at least one source of electromagnetic wave emission (10, Figure below) is positioned opposite the open end (OE, Figure below) of the main cavity (1).
Response to Amendment
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Claim(s) 3-4, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 2,714,070), in view of Hakamata et al (US 5,133,825) and further in view of Mizutani (US 4,629,849) all previously cited. Regarding claim 3, Welch/Hakamata discloses substantially all features of the claimed invention except at least one auxiliary cavity arranged inside the main cavity, between the source and the outer portion, the auxiliary cavity bounding an auxiliary region for reflecting at least part of the electromagnetic waves generated by the source. Mizutani discloses at least one auxiliary cavity arranged inside the main cavity, between the source and the outer portion, the auxiliary cavity bounding an auxiliary region for reflecting at least part of the electromagnetic waves generated by the source (col. 9, lines 51-60, Figures 4-7). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to utilize in Welch/Hakamata at least one auxiliary cavity arranged inside the main cavity, between the source and the outer portion, the auxiliary cavity bounding an auxiliary region for reflecting at least part of the electromagnetic waves generated by the source as taught by Mizutani in order to reflect microwave energy to heat the object. Regarding claim 4, in combination of references Welch/Hakamata, and Mizutani also discloses the auxiliary reflection region has a rectangular transverse profile (col. 9, lines 51-60 in Mizutani). Regarding claim 7, Mizutani discloses the suitable reflection of at least some of the electromagnetic waves emitted by the source in at least one portion of an auxiliary cavity arranged inside the main cavity, between the source and outer portion (col. 9, lines 51-60, Figures 4-7).
Claim(s) 9-13 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 2,714,070), in view of Hakamata et al (US 5,133,825) both previously cited and further in view of JPH0437634A previously cited by applicant. Regarding claim 9, Welch/Hakamata discloses substantially all features of the claimed invention except a conveyor of a material to be heated and a material feed zone on the conveyor, the system further comprising a material heating zone, the material feed zone being arranged before the material heating zone, the material heating zone comprising at least one microwave heating chamber provided with at least one microwave heating device. JPH0437634A discloses a conveyor (22) of a material (14) to be heated and a material feed zone (21) on the conveyor (22), the system further comprising a material heating zone (27), the material feed zone (21) being arranged before the material heating zone (27), the material heating zone comprising at least one microwave heating chamber (25) provided with at least one microwave heating device (46). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention to utilize in Welch/Hakamata conveyor of a material to be heated and a material feed zone on the conveyor, the system further comprising a material heating zone, the material feed zone being arranged before the material heating zone, the material heating zone comprising at least one microwave heating chamber provided with at least one microwave heating device as taught by JPH0437634A in order to provide continuous heating to the heating object. Regarding claim 10, JPH0437634A discloses plates of dielectric material (35) arranged on the conveyor (22). Regarding claim 11, Welch discloses at least on microwave containment housing around at least one device (Figure 1). Regarding claims 12-13, JPH0437634A discloses a conveyor (22) of a material (14) to be heated and a material feed zone (21) on the conveyor (22), the system further comprising a material heating zone (27), the material feed zone (21) being arranged before the material heating zone (27), the material heating zone comprising at least one microwave heating chamber (25) provided with at least one microwave heating device (46). Regarding claims 16-17, JPH0437634A discloses at least one sealing plate (35) adapted to seal a lower opening of the main cavity, wherein the at least one sealing plate comprising a Teflon plate.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 2,714,070), in view of Hakamata et al (US 5,133,825) both previously cited, JPH0437634A previously cited by applicant and further in view of WO 2016/179317 previously cited. Regarding claims 14, Welch/Hakamata/JPH0437634A discloses substantially all features of the claimed invention except the at least one microwave containment housing, being comprises a Faraday cage. WO 2016/179317 discloses at least one microwave containment housing, being comprises a Faraday cage (specification page 1, lines 28-30, Figure 1). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention to utilize in Welch/Hakamata/JPH0437634A the at least one microwave containment housing, being comprises a Faraday cage as taught by WO 2016/179317 in order to prevent microwave transmission out of the oven.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch (US 2,714,070), in view of Hakamata et al (US 5,133,825) both previously cited, JPH0437634A previously cited by applicant, WO 2016/179317 previously cited and further in view of DE 20018925U1 previously cited. Regarding claim 15, Welch/Hakamata/JPH0437634A/WO2016/179317 discloses substantially all features of the claimed invention except the at least one microwave containment extent over at least a portion of a belt conveyor. DE 20018925U1 discloses at least one microwave containment housing (2) extent over at least a portion of a belt conveyor (20, Figure 1). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention to utilize in Welch/Hakamata/JPH0437634A/WO2016/179317 the at least one microwave containment extent over at least a portion of a belt conveyor as taught by DE 20018925U1 in order to transfer the heating object through the cavity within the housing.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in new ground of rejection.
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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/QUANG T VAN/Primary Examiner, Art Unit 3761 August 24, 2026
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