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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/17/2023, 05/21/2024, and 07/11/2025 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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)(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 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toyoda et al (JP 2010133634 A).
Regarding claim 1, Toyoda discloses a heating cooking apparatus comprising:
a heating cooking chamber (Fig. 6 #3 heating chamber) configured to accommodate an object to be heated;
and a duct member (Fig. 6 #100 hot-air heating cooking engine unit) disposed outside the heating cooking chamber (Fig. 6 #3 heating chamber), wherein the heating cooking chamber (Fig. 6 #3 heating chamber) includes an air intake hole portion (Fig. 6 #107 intake duct) configured to cause an inside and an outside of the heating cooking chamber (Fig. 6 #3 heating chamber) to be communicated with each other,
and the duct member (Fig. 6 #100 hot-air heating cooking engine unit) includes a main body portion (Fig. 6 #103 side surface duct, #102 upper surface duct) configured to guide air in a manner that the air travels from a first direction to a second direction intersecting the first direction, a suction port (Fig. 5 #106 suction port) through which the air is sucked into the main body portion (Fig. 6 #103 side surface duct, #102 upper surface duct), a blow-out port (Fig. 6 #105 side blower outlet, #104 top blower outlet) from which the air is blown out toward the air intake hole portion (Fig. 6 #107 intake duct),
and a rectifying portion (Chamber housing the Fig. 6 #101 blower fan) configured to determine at least one of a blow-out direction or an airflow distribution of the air at the blow-out port (Fig. 6 #105 side blower outlet, #104 top blower outlet), and to guide the air to the air intake hole portion (Fig. 6 #107 intake duct).
Regarding claim 2, Toyoda teaches the apparatus as appears above (see the rejection of claim 1), and Toyoda teaches wherein the heating cooking chamber (Fig. 6 #3 heating chamber) further includes a plurality of side walls (Figure 6 shows the heating chamber to have at 6 walls.), the air intake hole portion (Fig. 6 #107 intake duct) is disposed at a predetermined side wall of the plurality of side walls (Fig. 6 shows the air intake formed on a wall.), and the duct member is attached to the predetermined side wall (Fig. 6 shows the duct member attached to at least one wall.).
Regarding claim 3, Toyoda teaches the apparatus as appears above (see the rejection of claim 2), and Toyoda teaches wherein the main body portion (Fig. 6 #103 side surface duct, #102 upper surface duct) includes a main body wall portion disposed further toward a side in a direction opposite to a third direction than the predetermined side wall (Shown in the figure below), a first wall portion extending in the third direction from the main body wall portion (Shown in the figure below), and a second wall portion extending in the third direction from the main body wall portion (Shown in the figure below), and facing the first wall portion, the rectifying portion (Chamber housing the Fig. 6 #101 blower fan) includes a guide plate extending in the third direction from the main body wall portion and disposed between the first wall portion and the second wall portion, the guide plate includes an arc portion (Fig. 5 shows the guide plate to be in an arc shape) configured to guide the air, and the third direction intersects each of the first direction and the second direction (Shown in the figure below).
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Regarding claim 4, Toyoda teaches the apparatus as appears above (see the rejection of claim 2), and Toyoda teaches wherein the main body portion includes a main body wall portion disposed further toward a side in a direction opposite to a third direction than the predetermined wall portion (Shown in the figure below), the rectifying portion includes an inclined portion (Shown in the figure below) inclined in the third direction toward the second direction, the inclined portion is disposed on the blow-out port side of the main body wall portion (Shown in the figure below), and the third direction intersects each of the first direction and the second direction (Shown in the figure below).
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Regarding claim 7, Toyoda teaches the apparatus as appears above (see the rejection of claim 1), and Toyoda teaches further comprising: a fan (Fig. 6 #101 blower fan) configured to send air toward the suction port (Fig. 5 #106 suction port).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda et al (JP 2010133634 A) as applied to claim 2, in view of Kim et al (US 7,856,973).
Regarding claim 5, Toyoda teaches the apparatus as appears above (see the rejection of claim 2), and Toyoda teaches wherein the main body portion (Shown in the figure below) includes a main body wall portion disposed further toward a side in a direction opposite to a third direction than the predetermined wall portion, and the third direction intersects each of the first direction and the second direction (Directions shown in the figure above).
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However, Toyoda does not teach the rectifying portion includes a narrowing portion extending in the third direction from the main body wall portion, the narrowing portion reduces a size of the blow-out port toward the second direction.
Nonetheless, Kim in the same field of endeavor being microwave oven devices teaches the rectifying portion (Fig. 1 #134 exhaust duct) includes a narrowing portion, the narrowing portion reduces a size of the blow-out port toward the second direction (The exhaust duct is shown to be narrowing towards the outlet.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the rectifying portion including a narrowing portion extending in the third direction from the main body wall portion, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda et al (JP 2010133634 A) as applied to claim 2, in view of Inada et al (US 7,967,002).
Regarding claim 6, Toyoda teaches the apparatus as appears above (see the rejection of claim 1), but does not teach wherein the heating cooking chamber further includes an opening/closing valve configured to open and close the air intake hole portion.
Nonetheless, Inada in the same field of endeavor being microwave oven devices teaches wherein the heating cooking chamber further includes an opening/closing valve (Fig. 4 #51 air supply side shutter) configured to open and close the air intake hole portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Toyoda by incorporating the valve as taught by Inada for the benefit of controlling the air flow into the heating chamber.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda et al (JP 2010133634 A) as applied to claim 7, in view of Sakane et al (US 2011/0132346).
Regarding claim 8, Toyoda teaches the apparatus as appears above (see the rejection of claim 7), but does not teach a microwave supply unit positioned below the heating cooking chamber and configured to supply microwaves to the heating cooking chamber, wherein the microwave supply unit includes a generation unit configured to generate the microwaves, and the generation unit is positioned between the suction port and the fan.
Nonetheless, Sakane in the same field of endeavor being microwave oven devices teaches a microwave supply unit (Fig.2 #40 magnetron, #41 waveguide, #44 antenna) positioned below the heating cooking chamber and configured to supply microwaves to the heating cooking chamber, wherein the microwave supply unit includes a generation unit (Fig. 2 #40 magnetron) configured to generate the microwaves,
However, Toyoda in view of Sakane does not teach the generation unit is positioned between the suction port and the fan.
Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the generation unit positioned between the suction port and the fan, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 V. C.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./ Examiner, Art Unit 3761
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