DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/1/26 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-9, 14-20 and 22-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stipe et al. (20200367692).
Stipe teaches with respect to Independent claim 1, a cooking assisting unit configured to be positioned above a cooktop (par. 0123 fig. 19; par. 0127; par. 0056 elongated body) having a cooktop surface (par. 0125, 0052) including at least one heating element for heating foodstuff accommodated in a utensil (par. 0125 cookware; par. 0052), the cooking assisting unit comprising:
a housing configured to be positioned above the cooktop (par. 0123 fig. 19; par. 0127; par. 0056 elongated body)
one or more sensor boards arranged within the housing (par. 0063, par. 0127), wherein the one or more sensor boards accommodate:
a remote temperature sensor (par. 0060) configured to detect a remote temperature (par. 0060, 0127 IR sensor) and generate a first output corresponding to the remote temperature (par. 0060 status) and
a time of flight sensor (par. 0059) configured to detect a presence (par. 0059 empty) and/or level of liquid in the utensil (par. 0059 depth) and generate a second output corresponding to the presence and/or level of liquid (par. 0082; par. 0116)
a digital light processor arranged within the housing (par. 0061) and
a processor (par. 0064, 0127) arranged within the housing and in communication with the remote temperature sensor, the time of flight sensor, and the digital light processor, wherein the processor is configured to:
receive the first output of the remote temperature sensor and the second output of the time of flight sensor (par. 0060 sensor 78 and 74 determine condition status),
determine real time cooking information (par. 0060 sensor 78 and 74 determine condition status), wherein the real time cooking information comprises at least one information selected from a group of information consisting of a foodstuff image (par. 0108, 0130 IR camera), a foodstuff temperature (par. 0108, 0130), a cooktop surface temperature (par. 0131), a liquid level indicia (par. 0106), a cooking time (par. 0176), and a meal recipe step (par. 0139), and
cause the digital light processor to display an image that is based on the real time cooking information (par. 0061, 0136), wherein the image is displayed on at least one feature selected from a group of features consisting of the foodstuff (par. 0136), the utensil (par. 0136), the cooktop surface (par. 0136), and a nearby surface (par. 0136).
Claim 2, the real time cooking information comprises the cooktop surface temperature (par. 0131) and/or the liquid level indicia (par. 0106).
Claim 3, further comprising:
a wireless and/or wired communication module arranged in communication with the processor and the cooktop (par. 0070),
wherein the processor is further configured to: download recipes (par. 0167) comprising step by step guides to meal preparation (par. 0181), and determine a current step (par. 0171, 0181), a next step (par. 0172), and an elapsed duration of the current step (par. 0172),
wherein the real time cooking information (par. 0167) comprises the cooking time, which comprises a remaining cooking time in the current step and/or an overall cooking time, and
wherein the meal recipe step comprises the current step and/or the next step (par. 0171-0173).
Claim 4, wherein the cooktop is a smart cooktop (par. 0065)
the real time cooking information comprises the current foodstuff temperature (par. 0136), and
the processor is further configured to: receive temperature instruction from the smart cooktop (par. 0176), determine a difference between the temperature instruction and the current foodstuff temperature (par. 0176), and cause the cooktop to adjust heat generated by the at least one heating element to reduce the difference (par. 0176).
Claim 5, further comprising an alarm generator (par. 0085, 0092), wherein the time of flight sensor is further configured to detect a boil over condition (par. 0092 boil over mess) and the alarm generator is configured to generate an alarm in response the detected boil over condition (par. 0085, 0092).
Claim 7, wherein the remote temperature sensor is contactless and/or infrared (par. 0060).
Claim 8, further comprising affixing elements for affixing the cooking assisting unit above the cooktop, the affixing elements configured to mount the cooking assisting unit at a vent hood (par. 0123), a swing arm (par. 0156), or a microwave oven (par. 0128).
Claim 9, wherein the real time cooking information comprises the foodstuff image (par. 0173), which depicts an ideal version of foodstuff of a menu step (par. 0173 representative images).
Claim 14, a method of operating the cooking assisting unit according to claim 1, wherein:
the remote temperature sensor detects the remote temperature and generates the first output corresponding to the remote temperature (par. 0060, 0127 IR sensor);=
the time of flight sensor (par. 0059) detects a presence (par. 0059 empty) and/or level of liquid in the utensil (par. 0059 depth) and generate a second output corresponding to the presence and/or level of liquid (par. 0082; par. 0116) and
the processor determines the real time cooking information (par. 0060 sensor 78 and 74 determine condition status; par. 0173) and causes the digital light processor to display the image on the at least one feature (par. 0173).
Claim 15, further comprising the steps of:
determining with the time of flight sensor a likelihood of occurrence of a boil over in the utensil within a time threshold (par. 0085, 0092; during cooking) and generating an alarm if the likelihood is below the time threshold (par. 0085, 0092; less than cook time).
Claim 16, wherein the alarm (par. 0092 mess condition, boil over event par. 0091) comprises at least one alarm selected from a group of alarms consisting of: electronically communicated text messages (par. 0092); electronically communicated heat deactivation instructions to the heating element (par. 0097), audible tones (par. 0076 last 2 lines) and visual displays of alphanumeric characters, images, and/or colors (par. 0092).
Claim 17, wherein the real time cooking information further comprises at least one further information selected from a group consisting of duration of execution of a current recipe step (par. 0171-0177), time to a next recipe step (par. 0171-0177), action included in the next recipe step (par. 0171-017), and the alarm (par. 0091-0092).
Claim 18, wherein the image is displayed on the foodstuff and/or the utensil (par. 0092).
Claim 19, wherein the image is displayed on the foodstuff and/or the utensil (par. 0092).
Claim 20, wherein the one or more sensor boards arranged within the housing comprises a first sensor board that accommodates the remote temperature sensor, and a second sensor board that accommodates the time of flight sensor (par. 0058).
Claim 22, a cooking system comprising the cooking assisting unit according to claim 1, and the cooktop, wherein the housing of the cooking assisting unit is positioned above the cooktop (par. 0123).
Claim 23, further comprising a vent hood arranged above the cooktop, wherein the housing of the cooking assisting unit is mounted in the vent hood (par. 0123 fig. 19).
Claim 24, further comprising a swing arm arranged above the cooktop, wherein the housing of the cooking assisting unit is mounted on the swing arm (par. 0156).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Stipe et al. (20200367692).
Claim 6, Stipe teaches a digital light processor (par. 0061) and the remote temperature sensor is infrared based (par. 0060).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a type of digital light processor, such as in the instant case laser based with respect to the taught digital light processor for its art recognized and applicants same intended purpose of projecting information which is readily readable or recognizable by the user as taught (par. 0061).
Claim 21, though silent to the number of sensor boards relative the sensor in the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the same sensor boards for determining status during cooking as taught by Stipe, comprises a single sensor board that accommodates the remote temperature sensor and the time of flight sensor and achieving a same processing unit for detecting and controlling based on a same information and since the number of sensor boards would be an obvious design choice dictated by size of the housing and/or CPU capability.
Response to Arguments
Applicant’s arguments with respect to Olson and Jenkins have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Stipe et al. (20200367692).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/Primary Examiner, Art Unit 1792
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