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 .
Response to Amendment
The amendment filed June 12th, 2025 has been entered. Claims 1-18 remain pending in the application. Claims 19-20 have been added. Applicant’s amendments to the claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed March 14th, 2025.
Response to Arguments
Applicant's arguments filed June 12th, 2025 have been fully considered but they are not persuasive.
On page 8 of the Remarks filed May 30th, 2025, applicant argues that Pulvermacher (US 20190339133 A1) fails to disclose “a cap, wherein the coil is arranged at a bottom of the cap” as claimed in amended claims 1 and 7.
As cited in the previous office action and maintained in the rejections below, Pulvermacher discloses a cap (fig. 1 and par. 61: handle 12 seals sheath 16), and a coil is arranged at a bottom of the cap (fig. 1: coil 14 at bottom face of handle 12) Furthermore, Pulvermacher discloses in figure 5 and paragraph 68 the probe 10 placed in the charger 38 such that their coils are aligned. As shown in this configuration, charger is on a level surface (note that the “Wyze Temp” logo is oriented such that it is readable to an observer viewing the said logo on a flat, horizontal surface) and a bottom side of the handle 12 is lowered vertically onto the charger. As shown in figure 1, coils 14 are arranged at this bottom side, and would have to be such that they align with the coils of the charger for proper functionality. A person of ordinary skill in the art would understand that the coil configuration, as disclosed by Pulvermacher fully anticipate the limitation as claimed, in particular, that the placement of coils 14 are located on “a bottom side” relative to the sheath under broadest reasonable interpretation (See MPEP 2111.01(I)).
Applicant’s arguments with respect to the rejection of claim 7 under 35 U.S.C. § 102 have been considered but are moot because the limitations of the claims have amended to add new issues. New grounds of rejection have been issued.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 lines 2-3 “end of cap opposite the open end” should read “end of the cap opposite the open end”
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.
Claims 1-2, 5-10, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher (US 20190339133 A1) in further view of Apption Labs Ltd. (US 20160377490 A1).
Regarding Claim 1: Pulvermacher discloses (in at least figures 1, 3A-3C, the description, and the claims) a food thermometer (fig. 1: high-temperature measurement probe 10) comprising
a temperature sensor (fig. 3 and par. 58: temperature sensors 22),
a rechargeable power source (fig. 3B, par.’s 66: capacitors 24 and 28 are rechargeable via charging coil 14),
a coil through which the power source can be inductively charged (fig.’s 1 and 3C, par. 66: energy-storage capacitors 24 and 28 are rechargeable via charging coil 14), and
a cap (fig. 1 and par. 61: handle 12 seals sheath 16 and is made of material with “high heat resistance, wear resistance, strength, and material integrity”),
wherein the coil is arranged at a bottom of the cap (fig. 1: coil 14 at bottom face of handle 12).
Pulvermacher does not disclose that the power source is a battery.
Apption discloses (in at least figures 6-8,11D-11E the description, and the claims) and analogous art (fig. 7: wireless rechargeable food thermometer 100)1 comprising a rechargeable battery (fig. 7: battery 120b) and a coil through which the power source can be inductively charged (par. 87: battery may be charged through inductive charging. It is inherent that a coil is present for inductive charging.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the battery, as taught by Apption, to be included as the power source of Pulvermacher’s device thereby providing an on-board power source that is insulated from the food (par. 78).
Regarding Claim 2: Pulvermacher in view of Apption discloses the food thermometer of claim 1, and Pulvermacher discloses the thermometer further comprising an elongated, liquid-tight container having an opening at one end face (fig. 1 and par. 52: sheath 16), wherein the opening is closed in a liquid-tight manner by the cap (fig. 1 and par. 61: handle 12 seals sheath 16 and is made of material with “high heat resistance, wear resistance, strength, and material integrity”).
Regarding Claim 5: Pulvermacher in view of Apption discloses the food thermometer of claim 2, and Pulvermacher further discloses that the cap consists of plastic (par. 61: handle made from polymer materials).
Pulvermacher does not explicitly disclose that the container consists of metal.
Apption discloses (in at least figures 6-8, the description, and the claims) and analogous art (fig. 11E: wireless rechargeable food thermometer 900E) wherein the container (fig. 11E: outer shell 944) consists of metal (par. 111: outer shell 944 is metallic and can consists of stainless steel).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for metal, as taught by Apption, to be used for the container of Pulvermacher’s device thereby to provide a conductive material that shields the internal electrical components (par.’s 111-112).
Regarding Claim 6: Pulvermacher in view of Apption discloses the food thermometer of claim 1, and Pulvermacher further discloses wherein the food thermometer has a pointed end (fig. 1: sheath 16 of probe 10 has pointed opposite handle 12 for inserting into food), and wherein the power source and a temperature sensor are arranged at the pointed end (fig.’s 3A and 3C : temperature sensors 22 and energy-storage capacitors 24 and 28 are arranged at the pointed end).
Pulvermacher does not disclose wherein the power source is a battery.
Apption discloses (in at least figures 6-8, the description, and the claims) and analogous art (fig. 11E: wireless rechargeable food thermometer 900E) wherein the food thermometer has a pointed end (fig.’s 6-9: pointed towards tip portion 112 of thermometer 100), and wherein the battery and a temperature sensor are arranged at the pointed end (fig. 7: battery 120b and fig. 8: thermal sensor 136 both arranged at the pointed end).
The rationale to combine is the same as for claim 1.
Regarding Claim 7: Pulvermacher discloses (in at least figures 5-7, the description, and the claims) a system (fig. 1 and 6A: high-temperature measurement probe 10 with charger 38), comprising a food thermometer (fig. 1: high-temperature measurement probe 10)
including a temperature sensor (fig. 3 and par. 58: temperature sensors 22),
a rechargeable power source (fig. 3B, par.’s 66: capacitors 24 and 28 are rechargeable via charging coil 14),
a first coil through which the battery can be inductively charged (fig.’s 1 and 3C, par. 66: energy-storage capacitors 24 and 28 are rechargeable via charging coil 14), and
a cap (fig. 1 and par. 61: handle 12 seals sheath 16 and is made of material with “high heat resistance, wear resistance, strength, and material integrity”),
wherein the coil is arranged at a bottom of the cap (fig. 1: coil 14 at bottom face of handle 12), and
a charger for the food thermometer (fig. 6A: charger 38), the charger including
a second coil for inductively charging the food thermometer (fig. 6A and par. 56: charging circuit 30 contains charging coil 14), and
an elongated receptacle providing means for receiving and charging the food thermometer and/or a holder by which the food thermometer can be held for charging (fig. 6A: elongated charger case 38C. See also fig. 5: probe 10 held in elongated section of charging case for charging).
Pulvermacher does not disclose that the power source is a battery.
Apption discloses (in at least figures 6-8,11D-11E the description, and the claims) and analogous art (fig. 7: wireless rechargeable food thermometer 100)2 comprising a rechargeable battery (fig. 7: battery 120b) and a coil through which the power source can be inductively charged (par. 87: battery may be charged through inductive charging. It is inherent that a coil is present for inductive charging.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the battery, as taught by Apption, to be included as the power source of Pulvermacher’s device thereby providing an on-board power source that is insulated from the food (par. 78).
Regarding Claim 8: Pulvermacher and Apption disclose the system of claim 7, and Pulvermacher further discloses wherein the shape of the food thermometer is adapted to the shape of the elongated receptacle in such a way that the food thermometer can be received by the elongated receptacle only in a predetermined location and orientation relative to the second coil such that the food thermometer can be charged (fig. 5: probe 10 held in elongated section of charging case for charging. See also fig. 6A: wireless charging coil of probe 10 and charging circuit 30 aligned.).
Regarding Claim 9: Pulvermacher and Apption disclose the system of claim 7, and Pulvermacher further discloses wherein the charger is a charging tray with an elongated 35 container (fig. 6A: elongated charger case 38C. See also fig. 5: probe 10 held in elongated section of charging case for charging).
Regarding Claim 10: Pulvermacher and Apption disclose the system of claim 9, and Pulvermacher further discloses wherein the charging tray comprises the second coil in an end side of the elongated container for charging the food thermometer (fig. 6A and par. 56: charging circuit 30 contains charging coil 14, wireless charging coil of probe 10 charging circuit 30 aligned.).
Regarding Claim 16: Pulvermacher in view of Apption discloses the food thermometer of claim 2, and Pulvermacher further discloses wherein the food thermometer has a pointed end (fig. 1: sheath 16 of probe 10 has pointed opposite handle 12 for inserting into food), and wherein the power source and a temperature sensor are arranged at the pointed end (fig.’s 3A and 3C : temperature sensors 22 and energy-storage capacitors 24 and 28 are arranged at the pointed end).
Pulvermacher does not disclose wherein the power source is a battery.
Apption discloses (in at least figures 6-8, the description, and the claims) and analogous art (fig. 11E: wireless rechargeable food thermometer 900E) wherein the food thermometer has a pointed end (fig.’s 6-9: pointed towards tip portion 112 of thermometer 100), and wherein the battery and a temperature sensor are arranged at the pointed end (fig. 7: battery 120b and fig. 8: thermal sensor 136 both arranged at the pointed end).
The rationale to combine is the same as for claim 1.
Regarding Claim 17: Pulvermacher and Apption disclose the system of claim 8, and Pulvermacher further discloses wherein the charger is a charging tray with an elongated container (fig. 6A and par. 56: charging circuit 30 contains charging coil 14, wireless charging coil of probe 10 charging circuit 30 aligned.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher (US 20190339133 A1) and Apption Labs Ltd. (US 20160377490 A1) as applied to claims 1-2 above, and further in view of Wu (CN 113252202 A)3.
Regarding Claim 3: Pulvermacher in view of Apption discloses the food thermometer of claim 2, but neither explicitly disclose wherein the cap is connected to the container in a materially bonded manner.
Wu discloses (in at least figures 3A-3C, the description, and the claims) an analogous art (fig. 3A: wireless waterproof food thermometer 1) wherein the cap (fig. 3A: second part 12) is connected to the container (fig. 3A: first conductive part 50) in a materially bonded manner (par. n0048: first insulating portion 60 of second part 12 materially bonded to first conductive part 50 via heat-resistance sealant/glue such as acetoxy silicone rubber).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the heat resistance sealant, as taught by Wu, to be used to materially bond the cap and container of the Pulvermacher and Apption’s thermometer thereby providing a water-tight food-safe seal between the thermometer’s insulating components (par. n0048).
Claims 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher (US 20190339133 A1) and Apption Labs Ltd. (US 20160377490 A1) as applied to claims 1-2 above, and further in view of Guo (WO 2023039818 A1. For convenience, citations are made to US 20230086509 A1)4.
Regarding Claim 4: Pulvermacher and Apption disclose the food thermometer of claim 3, and Pulvermacher discloses wherein the cap includes an open end (fig. 1: open portion of handle 12 allowing coil 14 to be accessible).
Neither Pulvermacher nor Apption disclose wherein the cap includes an open end opening towards the container and the bottom of the cap is located at a bottommost end of cap opposite the open end the coil is arranged at the bottom of the cap
Neither Pulvermacher nor Apption discloses a cap wherein the coil is arranged at the bottom of the cap.
Guo discloses an analogous art (fig.’s 1-3 and par. 40: wirelessly charged food temperature probe 1 with housing 2) wherein a cap (fig.’s 2-3 and par. 46: housing 2) includes an open end opening towards a container (fig. 2 and par. 49: tapered portion 27 open towards metal head 1 to accommodate and seal metal head 1) and the bottom of the cap (fig.’s 2-3: and par. 46: rear cover 3 covering bottom end of housing 2 to protect electronic elements including wireless charging coil 25) is located at a bottommost end of cap opposite the open end of the cap (fig. 2: rear cover 3 opposite to tapered end 27 at bottommost end of housing 2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the cap arrangement, as taught by Guo, to be used in the thermometer the Pulvermacher and Apption’s thermometer thereby allowing the device to be mounted to the inductive charging base or another fixed object in the vertical direction (Guo fig. 4 and par. 41).
Regarding Claim 19: Pulvermacher and Apption in view of Guo disclose the food thermometer of claim 4, and Guo discloses wherein the coil is bonded to the bottom of the cap or is embedded in a material of the bottom of the cap (fig. 2 and par.’s 16 and 15: wireless charging coil 25 mounted in accommodating space of housing 2. See also par. 21: wireless charging coil connected to supporting sheet).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the coil arrangement, as taught by Guo, to be used in the thermometer the Pulvermacher and Apption’s thermometer thereby allowing the coil to be better protected from moisture and other elements damaging to electrical components while still being accessible to the user (Guo fig.’s 2-3 and par. 46).
Claims 11-13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher (US 20190339133 A1) and Apption Labs Ltd. (US 20160377490 A1) as applied to claim 9 above, further in view of Apple Inc. (AU 2019101615 A4).
Regarding Claim 11: Pulvermacher and Apption disclose the system of claim 9, but neither explicitly discloses wherein the charging tray comprises a battery for charging the food thermometer.
Apple discloses (in at least figures 1,3, 5, the description, and the claims) an analogous art (fig. 1: wireless power system 8) wherein the charging tray (fig. 1: electronic device 10B with housing 22B with recess R) comprises a battery for charging the food thermometer (fig. 1: battery 18. See also par. 15: wireless power system configured to charge “… any suitable electronic devices such as power adapters, wristwatches, cellular telephones or other handheld devices, laptop computers, tablet computers, accessories such as earbuds, electronic pencils (e.g., a stylus), or computer mice, other portable electronic devices, and/or other electronic equipment.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the battery, as taught by Apple, to be included in the charging tray of Pulvermacher and Apption thereby allowing the charging tray and thermometer to be used together as a portable unit without the need for the tray to have an additional wired power connection (par. 15).
Regarding Claim 12: Pulvermacher and Apption in view of Apple disclose the system of claim 11, and Apple further discloses wherein the charging tray comprises a third coil configured to charge the battery of the charging tray (fig. 1 and par.’s 18-19: coil 14).
The motivation to combine is the same as for claim 11.
Regarding Claim 13: Pulvermacher and Apption in view of Apple disclose the system of claim 12, and Apple further discloses wherein the second coil is arranged in the bottom of the container of the charging tray (fig. 1 and par.’s 18-19: coil 14 located in the bottom of housing 22B).
The motivation to combine is the same as for claim 11.
Regarding Claim 18: Pulvermacher and Apption disclose the system of claim 10, but does not explicitly disclose wherein the charging tray comprises a battery for charging the food thermometer.
Apple discloses (in at least figures 1,3, 5, the description, and the claims) an analogous art (fig. 1: wireless power system 8) wherein the charging tray (fig. 1: electronic device 10B with housing 22B with recess R) comprises a battery for charging the food thermometer (fig. 1: battery 18. See also par. 15: wireless power system configured to charge “… any suitable electronic devices such as power adapters, wristwatches, cellular telephones or other handheld devices, laptop computers, tablet computers, accessories such as earbuds, electronic pencils (e.g., a stylus), or computer mice, other portable electronic devices, and/or other electronic equipment.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the battery, as taught by Apple, to be included in the charging tray of Pulvermacher thereby allowing the charging tray and thermometer to be used together as a portable unit without the need for the tray to have an additional wired power connection (par. 15)
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher and Apption as applied to claim 8 above, and further in view of Myungsang (KR 20200112298 A)5.
Regarding Claim 14: Pulvermacher and Apption disclose the system of claim 8, wherein the charger comprises a stand part (fig. 6A: fig. 6A: elongated charger case 38C. See also fig. 5: probe 10 held in elongated section of charging case for charging. See also embodiment disclosed in fig. 7 wherein multiple chargers for multiple thermometers are integrated into charging stand 48).
Pulvermacher and Apption do not disclose wherein the charger is a food processor.
Myungsang discloses (in at least figures 1-2, 4-5, the description, and the claims) an analogous art (fig. 1: cooking assistance device 1) wherein the charger is a food processor (fig.’s 1-3 and par 38: cooking device 10 wirelessly powers stand part 20 via first power transmitter 103) comprising a stand part (fig.’s 1-2, par. 27: stand part 20 powered by cooking device 10 charges stick part 30. See also par 43: stand unit charges stick unit 30 wirelessly. Note: cooking plate 12 in conjunction with Myungsang’s ‘stand part’ 30 form stand part as claimed in claim 14), a vessel insertable into the stand part (fig. 17: cooking container 16), a mixing and/or cutting tool (par. 93: cooking assistance module 308 mixes food 161 in container 161 via vibration generating unit 308d), and a motor as a drive for the mixing and/or cutting tool (vibration generating unit 308d).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the food processor, as taught by Myungsang, to be combined with the charger of Pulvermacher and Apption thereby integrating the device into a multi-functional cooking appliance (par. 102).
Regarding Claim 15: Pulvermacher and Apption in view of Myungsang disclose the system of claim 14, and Myungsang further discloses wherein the food processor comprises a recess for one of a charging tray shaped to receive the food thermometer or shaped to receive the food thermometer directly (fig. 4 and par. 78: joining part 231 shaped to receive receiving part 302 of stick 30).
The motivation to combine is the same as for claim 14.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pulvermacher and Apption as applied to claim 9 above, and further in view of Forrester (US 20230208193 A1)
Regarding Claim 20: Pulvermacher and Apption disclose system of claim 9.
Neither disclose wherein the charging tray includes a lid.
Forrester discloses an analogous art (fig.’s 2A-2B: inductive charging case 250) wherein the charging tray includes a lid (fig.’s 2A-2B and par. 59: lid 252).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the lid, as taught by Forrester, to be combined with the charging tray of Pulvermacher and Apption thereby forming a unified container volume to better protecting the thermometer and its electrical components from damage when not in use and to improve the alignment of the thermometer to maximize charging efficiency (par.’s 62-64).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Guo (WO 2023039818 A1) discloses the food thermometer of claims 1-5.
Lion (US 11920984 B2) discloses the thermometer of claims 1-5.
Seydel (EP 3995799 A1) discloses a food processor comprising a stand part for a thermometer, a vessel insertable into the stand part, a mixing and/or cutting tool, and a motor as a drive for the mixing
and/or cutting tool
Lion (US 20200096393 A1) discloses the thermometer of claims 1-5 apart from the coil.
Brinovsek (DE 102019211318 A1) discloses wherein a charger is a food processor comprising a stand part, a vessel insertable into the stand part, a mixing and/or cutting tool, and a motor as a drive for the mixing and/or cutting tool and wherein the food processor comprises a recess (25, 29) for one of a charging tray shaped to receive the food thermometer or shaped to receive the food thermometer directly.
Bertsch (US 20210086155 A1) discloses the system according to claim 7.
THIS ACTION IS MADE FINAL. 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 EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 8/25/25
1 The embodiment 900E shown in figures 11E-11D are modifications of the same base embodiment 100 shown in figures 6-8, sharing the same fundamental components and operational characteristics.
2 The embodiment 900E shown in figures 11E-11D are modifications of the same base embodiment 100 shown in figures 6-8, sharing the same fundamental components and operational characteristics.
3 Citations made to translation included in previous Office Action.
4 Included in previous Non-Final Office Action Mailed 3/14/25
5 Citations made to translation included in previous Office Action.