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 .
Status of Claims
Currently claims 1-16 are pending, claims 1-12 and 14 are amended, and claims 15-16 are new.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 8-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sinur (U.S. 2021/0247074).
With respect to claim 1, Sinur discloses a fire prevention system for an appliance configured to prepare foodstuff, the system comprising:
a contactless temperature sensor (paragraph 0086, temperature sensors 306) arranged such that the appliance within a field of view the temperature sensor (as shown in figure 6), the temperature sensor configured to generate a first output comprising a temperature survey of the appliance (being temperature sensors, paragraphs 0051 and 0086);
a time-of-flight sensor (image sensor 110) arranged such that the appliance is within a field of view of the time-of-flight sensor's (paragraph 0026), the time-of-flight sensor configured to detect a presence and absence of a utensil (paragraphs 0026-0027) and generate a second output comprising an indication of the presence or an indication of absence (paragraph 0026-0027 as the image sensor detects the presence or absence of an object such as a cooking utensil on the range top surface); and
a processor arranged in communication with the temperature sensor and time of flight sensor, the processor configured to receive the first output and the second output (receive inputs of the image and objects on the cooktop, paragraph 0026, and the temperature, 0086-0087); and initiate fire prevention measures in response to a first condition in which the first output comprises a temperature equal to or greater than a FIRST threshold (paragraphs 0079, 0086-0087 and 0101, see figure 4, where 418 activates a fire retardant system) and the second output comprises the indication of the presence of the utensil (as the utensil detection from sensor 110 would indicate if there is a utensil present or not).
With respect to claim 2, Sinur discloses the processor is further configured to initiate hot surface warnings (paragraph 0026) in response to a second condition in which the first output comprises the temperature being equal to or greater than the first temperature and the second output comprises the indication of the absence of the utensil (as disclosed in the rejection of claim 1 using a range of equal to or Grether then 285, and the noted alarm being done with or without the presence of the utensil).
With respect to claims 3 and the method of claim 10, Sinur discloses the processor is further configured to:
determine a rate of temperature change of the appliance (paragraph 0040);
compare the rate with a second threshold (a threshold that there is no figure, see figure 4, i.e. not met);
generate the fire prevention measures (fire suppression, paragraph 0079) in response to a third condition in which the rate of change exceeds the second threshold (paragraph 0040, where the rate of change indicates a change), the first output comprises the temperature equal to or greater than the first threshold (being the threshold needed for a fire to be detected and start the fire retardant system) and the second output comprises the indication of the presence of the utensil (as the noted fire suppression would occur with or without the presence of the utensil being sensed, paragraph 0103); and
generate the hot surface warnings in response to a fourth condition in which the rate of change exceeds the second threshold (paragraphs 0103-0104 and 0026-0027, being in response to the surface, wherein the second threshold is that there is no indication of a fire), the first output comprises the temperature equal to or greater the first threshold and the second output comprises the indication of the absence of the utensil (utensil (as the noted fire suppression would occur with or without the presence of the utensil being sensed, as the surface could be in itself the temperature of the cooking top and no utensil sensed).
With respect to claim 4, Sinur discloses
a communication module (paragraph 0051, which allows the system to communicate wired or wirelessly) in communication with the processor (paragraphs 0051 and 0068), the communication module configured to communicate wired or wirelessly (paragraphs 0051 and 0068), upon instruction from the processor;
wherein the prevention measures comprise communication of the instructions to the appliance (paragraphs 0051 and 0068-0069).
With respect to claim 8 and 14, Sinur discloses the temperature sensor is an infrared sensor and a sensor array (paragraph 0099 the sensor array, being infrared temperate sensors, paragraphs 0087-0088, including an array of sensors besides the infrared sensor such as a thermocouple, thermistor) .
With respect to claim 9, Sinur discloses mounting elements configured to mount the fire prevention system within a microwave oven or above the appliance within at least one of a vent hood and a swing arm (figures 5 and 6 discloses the system being installed within a vent hood, understood as some mounting elements are utilized to install the device in the vent hood).
With respect to claim 11, Sinur discloses the fire prevention measures comprise at least one of an appliance safety switch-off instruction; a text message; a visual display; and an audio alarm (paragraph 0050).
With respect to claim 12, Sinur discloses the hot surface warnings measures comprise at least one of a text message, a visual display, and an audio alarm (paragraph 0050).
With respect to claim 13, Sinur discloses fire prevention measures and hot surface warnings are configured to be wired or wirelessly transmitted (paragraph 0051).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinur as applied to claim 4 above, and further in view of Schmitt (U.S. 2016/0121151).
With respect to claim 5, Sinur discloses the processor and the communication module, but fails to disclose the processor is further configured to generate text messages and communicate the text messages by the communication module: the prevention measures and hot surface warnings further comprise communication of text messages comprising at least one of alphanumeric characters and images.
Schmitt discloses, paragraph 0034, receiving an alert (via a text message) that there is a fire and where it has been located as well as allowing for the user to remotely monitor the fire from their device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a generated text message as disclosed by Schmitt into the system of Sinur coming from its communication module, to allow a user to be notified if there is a warning in the system and allowing the user to further monitor the warning from their device.
With respect to claim 6, Sinur as modified discloses
a digital light processor in communication with the processor (being the digital light processor of the user device) and arranged to depict an image on at least one of the appliances (as disclosed by Schmitt the image being the image as one remotely monitors the fire (and area) from their device), the utensil and foodstuff arranged within the utensil or on the appliance, upon instruction from the processor;
wherein the prevention measures and hot surface warnings further comprise the visual alarm comprising at least one of alphanumeric characters, colors and images (being images viewed on the user’s device).
With respect to claim 7, Sinur as modified discloses
an audio alarm generator (paragraphs 0057-0060 in communication with the processor and configured to generate an audio alarm (paragraph 0057-0060), upon instruction from the processor (paragraph 0055-0057); and
wherein the prevention measures and hot surface warnings further comprise an audible alarm (paragraphs 0051, 0055-0057 and 0026, where there is a warning for a cooking surface as well).
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) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinur.
Sinur discloses the method and system according to claims 1 and 10 and a threshold/first threshold, Sinur fails to disclose the threshold is 285 degrees Celsius. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a temperature equal to or greater than 285 degrees C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II-A).
Response to Arguments/Amendments
The Amendment filed (08/20/2025) has been entered. Currently claims 1-16 are pending, claims 1-12 and 14 are amended, and claims 15-16 are new. Applicants’ amendments to the claims have failed to overcome each and every rejection previously set forth in the Office Action dated (05/20/2025). Applicant's arguments filed 08/20/2025 have been fully considered but they are not persuasive.
Applicant argues that Sinur fails to disclose or suggest a fire prevention measure in response toa first condition as claimed. Examiner disagrees, see figure 4 and paragraph 0079, the activation of the fire retardant system.
Applicant further argues that Sinur does not disclose imitation fire prevention measures in response to the temperature being equal to or above a threshold. Examiner disagrees, see paragraphs 0076-0078. Where the fire alert system and further fire retardant system are both utilized when the sensors (such as the temperature sensors) have indicated there is a fire.
Applicant further argues that the prior art fails to disclose initiation such measures in response toa condition in which the temperature is equal to or above a threshold and the presence of the utensil is indicated or determined. The examiner notes that the fire suppression has already been disclosed being done (as seen above) and would be done when/if a utensil is indicated or determined, paragraph 0076-0077 and 0023-0025, such as the infrared profile of the cooking utensil.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
Prosecution Insights