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 .
Election/Restrictions
Applicant’s election without traverse of Group I – claims 1-11 in the reply filed on June 27, 2025 is acknowledged.
Claims 12-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 27, 2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 6, 2023, March 26, 2024, and April 26, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “stepper motor” and “weighing means” as mentioned in claim 21 and “stepper motors” as mentioned in claim 23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2,5, and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the front" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the same" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the front" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
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.
Claims 1-2,5-6,8-11, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kodali et al (US 2021/0196081) in view of CN113616076A.
As to claims 1 and 26, Kodali et al discloses a cooking device (200), as illustrated in Figures 1-8, comprising a power supply (inherent); a cooking pot (212); a hot plate (see annotated Figure 2A below) connected to the power supply and on which the cooking pot sits, the hot plate to apply heat to the cooking pot; a plurality of food ingredient dispenser compartments (214,216) located in adjacent, upright, positions, aligned in a row at a front plane of the cooking device; a robotic arm (202); and a computing device (104) connected to the robotic arm to control the robotic arm to move the robotic arm to separately grasp and hold on to each of the plurality of upright food ingredient dispenser compartments lift each grasped food ingredient dispenser compartment from its respective position in the row at the front plane of the cooking device, move each lifted food ingredient dispenser compartment to a position above the cooking pot, and rotate each lifted food ingredient dispenser compartment from its upright position substantially about a horizontal axis while positioned above the cooking pot to dispense food ingredients stored therein into the cooking pot (see Figures 1-3 and 6-7 and paragraphs [0050]-[0073]). However, Kodali et al does not show that the robotic arm consisting of five articulating joints providing the robotic arm with five corresponding degrees of motion.
CN113616076A teaches a tea making robot (100), as illustrated in Figures 1-9, comprising a robot arm (120) having five joints (126-130) (see page 5 of CN113616076A – Google Patents English Translation). A main control box (140) is connected with a carrier (110) and is internally provided with a motor assembly for driving the robot arm (110) (see Abstract of CN113616076A – Google Patents English Translation). The control box is configured to perform tea pouring, tea holding, tea adding and tea changing with the robot arm (see page 6 of CN113616076A – Google Patents English Translation).
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Thus, the manner of enhancing a particular device was made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in CN113616076A. Accordingly, one of ordinary skill in the art would have been capable of applying this known “improvement” technique in the same manner to the prior art robot arm of Kodali et al and the results would have been predictable to one of ordinary skill in the art, namely, one skilled in the art would have readily recognized that modifying the robot arm to have five articulating joints for five degrees of motion in Kodali et al would allow the device to also perform tea pouring, tea holding, tea adding and tea changing.
With claim 2, the computing device further to control the robotic arm to rotate each lifted food ingredient dispenser compartment back to its upright position substantially about the horizontal axis after the food ingredients stored therein have been dispensed into the cooking pot, return each lifted food ingredient dispenser compartment to its respective upright position in the row at the front of the cooking device, and release its grasp on each food ingredient dispenser compartment (see paragraph [0039]-[0070]).
With claim 5, as modified by CN113616076A, a plurality of spice dispenser compartments and a spices utensil with which to scoop spices stored therein and dispense the same in the cooking pot (see paragraph [0051]), wherein the computing device connected to the robotic arm to control the robotic arm to move the robotic arm according to the five degrees of motion to grasp and hold on to the spices utensil, maneuver and manipulate the spices utensil to scoop and hold spices from one or more of the plurality of spice dispenser compartments, move the spices utensil to a position above the cooking pot while holding the spices, and rotate the spices utensil substantially about a horizontal axis while positioned above the cooking pot to dispense the spices held therein into the cooking pot.
With claim 6, as modified by CN113616076A, a cooking pot utensil (see paragraphs [0072] –[0073] and Figure 7) with which to stir contents in the cooking pot, wherein the computing device connected to the robotic arm to control the robotic arm to move the robotic arm according to the five degrees of motion to grasp and hold on to the cooking pot utensil, and maneuver and manipulate the cooking pot utensil to stir the contents in the cooking pot.
With claims 8 and 11, as modified by CN113616076A, a user, programmatic, and/or communications interface (120) (see Figure 1 and paragraph [0036]) via which to receive instructions that direct the computing device to control when the robotic arm to move the robotic arm according to the five degrees of motion to separately grasp and hold on to each of the plurality of upright food ingredient dispenser compartments, lift each grasped food ingredient dispenser compartment from its respective position in the row at the front of the cooking device, move each lifted food ingredient dispenser compartment to a position above the cooking pot, and rotate each lifted food ingredient dispenser compartment from its upright position substantially about a horizontal axis while positioned above the cooking pot to dispense food ingredients stored therein into the cooking pot (see paragraphs [0044]-[0069]).
With claim 9, a user or communications interface (120) (see Figure 1 and paragraph [0036]) via which to receive instructions to direct the computing device to control when and for how long to apply heat to the hot plate.
With claim 10, a user, programmatic and/or communications interface (120 (see Figure 1 and paragraph [0036]) via which to receive instructions to direct the computing device control the robotic arm to move the robotic arm according to the five degrees of motion to grasp and hold on to the spices utensil, maneuver and manipulate the spices utensil to scoop and hold spices from one or more of the plurality of spice dispenser compartments, move the spices utensil to a position above the cooking pot while holding the spices, and rotate the spices utensil substantially about a horizontal axis while positioned above the cooking pot to dispense the spices held therein into the cooking pot (see paragraph [0051]).
With claim 24, discloses the claimed invention except for the dispenser compartments to be a clear material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to specify that the dispenser compartments to be a clear material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
In addition, a camera (camera systems - see paragraph [0033]) is disclosed for visual inspection that would be able to detect ingredients in the one or more of the plurality of food ingredient dispenser compartments made of the clear material.
With claim 25, a camera and a plurality of depth sensors (visual devices (e.g., camera systems, proximity sensor systems) - see paragraph [0033]) to track movements of the robotic arm and any foreign objects that may interfere with the movements of the robotic arm.
With claim 27, the cooking device is situated on a stove top or on a surface (206) adjacent thereto, and wherein the heat source is a gas burner (stove ignition – see paragraph [0050]).
Allowable Subject Matter
Claims 3-4,7, and 21-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fritz-Jung, Buehler’714, Roy, Dong, and Buehler’219 are cited as being relevant art, because each prior art discloses a cooking device comprising a cooking pot and a hot plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3651
/STEPHEN A VU/Primary Examiner, Art Unit 3651