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 with traverse of Group I (claims 1-17) in the reply filed on 02/10/2026 is acknowledged. The traversal is on the ground(s) that:
Claim 1 explicitly recites the following feature, which clearly indicates that a temperature sensor is an essential element:
"setting an operation level of the at least one of the at least one heater and the at least one circulation fan by considering a temperature of the oven at an end of a current period and a temperature of the oven at a start of the current period;"
See also independent claim 17 which recites, "set an operation level of the at least one of the at least one heater and the at least one circulation fan by considering a temperature of the oven at an end of a current period and a temperature of the oven at a start of the current period, until cooking is completed."
Essentially, Applicant’s traversal centers on the temperature sensor being an essential element across Groups I and II. This is not found persuasive because neither claim 1 or claim 17 identified by the Applicant positively recite a temperature sensor. Conversely, claims 1 and 17 recite “considering a temperature of the oven,” which is much broader than Applicant’s contention. In this case, “considering a temperature of the oven” does not require the use of a temperature sensor and could be accomplished by determining a predicted temperature of the oven based on duration of a heating cycle. Additionally, the Restriction Requirement set forth an additional reason for indicating distinction between Groups I and II (i.e., the process of Group I does not require the processor of Group II). Applicant has not traversed this distinction.
The requirement is still deemed proper and is therefore made FINAL.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/10/2026.
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 1-17 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 1 recites, in relevant part, performing a temperature raising operation of operating at least one of at least one heater and at least one circulation fan until “a temperature of a preset ratio of a set temperature is reached” which creates confusion as it is unclear what is meant by “a preset ratio.” Ratio is defined as “the relation between two similar magnitudes with respect to the number of times the first contains the second” (www.dictionary.com/browse/ratio; viewed on 03/17/2026). Based on the plain meaning of the term “ratio,” it is unclear as to what two similar magnitudes are being compared.
Claim 1 recites, in relevant part, setting an operation level of the at least one of the at least one heater and the at least one circulation fan “by considering a temperature of the oven at an end of a current period and a temperature of the oven at the start of the current period” which renders the claim indefinite as it is unclear what it means to “consider” a temperature of the oven. Specifically, it is unclear if the temperature of the oven is being measured and the measured temperature is being used in the setting step or if the oven temperature is a predicted value (i.e. one that is stored, for instance, in memory that is based on an expected temperature) which is used in the setting step.
Claim 1 recites setting an operation level “by considering a temperature of the oven at an end of a current period and a temperature of the oven at the start of the current period,” performing a temperature maintaining operation “for one period according to the operation level set in the setting,” and “repeating the setting of the operation level and the temperature maintaining operation until cooking is completed” which creates confusion as it is unclear in what way, if any, the current period differs or relates to the one period. In other words, after the temperature maintaining operation, repeating the operation level step would occur upon considering the temperature that would be uniform (as the temperature is maintained). It is unclear in what way the setting an operation level is repeated if the temperature is maintained until cooking is completed.
Claim 2 recites similar language regarding “preset ratio” without clarifying the deficiencies noted above. As such, claim 2 does not address the ambiguities of claim 1.
Claim 2 recites operating the at least one heater and the at least one fan “…in a preset first combination and in a preset first order for a preset time allocated for each preset first combination” which renders the claim indefinite as it is unclear in what way the “preset first combination” relates to “each preset first combination.” In other words, the claim recites “preset first combination” singularly (as opposed to plural preset first combinations) and ends by referencing “each preset first combination.” It is unclear if the intention is for there to be a singular or plural preset first combination(s).
Claim 3 recites similar language regarding “preset ratio” without clarifying the deficiencies noted above. As such, claim 2 does not address the ambiguities of claim 1.
Claim 3 recites operating the at least one heater and the at least one fan “…in a preset first combination and in a preset first order for a preset time allocated for each preset first combination” which renders the claim indefinite as it is unclear in what way the “preset first combination” relates to “each preset first combination.” In other words, the claim recites “preset first combination” singularly (as opposed to plural preset first combinations) and ends by referencing “each preset first combination.” It is unclear if the intention is for there to be a singular or plural preset first combination(s). The same applies to the “preset second combination.”
Claim 4 inherits the above deficiencies.
Claim 5 recites operating the at least one heater and the at least one fan “…in a preset combination and in a preset order for a preset time allocated for each preset combination” which renders the claim indefinite as it is unclear in what way the “preset combination” relates to “each preset combination.” In other words, the claim recites “preset combination” singularly (as opposed to plural preset first combinations) and ends by referencing “each preset combination.” It is unclear if the intention is for there to be a singular or plural preset combination(s).
Claim 6 recites operating the at least one heater and the at least one fan “…in a preset combination and in a preset order for a preset time allocated for each preset combination” which renders the claim indefinite as it is unclear in what way the “preset combination” relates to “each preset combination.” In other words, the claim recites “preset combination” singularly (as opposed to plural preset first combinations) and ends by referencing “each preset combination.” It is unclear if the intention is for there to be a singular or plural preset combination(s).
Claim 7 inherits the above deficiencies.
Claim 8 recites “remaining time is stored in the buffer corresponding to the at least one heater” which renders the claim indefinite as it is unclear in what way the “remaining time” relates to the time allocated to the at least one heater and the time stored in the buffer. In other words, what makes the time a “remaining” time?
Claim 9 inherits the above deficiencies.
Claim 10 recites “a preset highest operation level” and “a highest operation level considering the set temperature” which creates confusion as it is not clear in what way these highest operation levels are different. In other words, for instance, can the operation level be set to an operation level higher than the preset highest operation level? It is not clear in what way, if any, the set and preset operation level, both being highest, relate to one another.
Claim 11 inherits the above deficiencies.
Claim 12 recites an equation for calculating the operation level and includes values K1 and K2, which are defined as a preset proportional coefficient and a preset differential coefficient, respectively. It is unclear what these values actually represent. As a comparison, term P is defined in the claim as being a value determined by subtracting the set temperature from a current period temperature. This clearly sets forth the definition of term P. However, there is no accompanying description of K1 and K2. For instance, K1 is defined as a preset proportional coefficient. What is K1 proportional to? Similarly, K2 is defined as a preset differential coefficient. What difference is K2 representing?
Claim 13-16 inherit the above deficiencies.
Claim 17 recites, in relevant part, setting a first temperature determined by multiplying a set temperature “by a preset first ratio” and setting a second set temperature determined by multiplying the set temperature “by a preset second ratio” which creates confusion as it is unclear what is meant by “a preset ratio.” Ratio is defined as “the relation between two similar magnitudes with respect to the number of times the first contains the second” (www.dictionary.com/browse/ratio; viewed on 03/17/2026). Based on the plain meaning of the term “ratio,” it is unclear as to what two similar magnitudes are being compared.
Claim 17 recites operating the at least one heater and the at least one fan “…in a preset first combination and in a preset first order for a preset time allocated for each preset first combination” which renders the claim indefinite as it is unclear in what way the “preset first combination” relates to “each preset first combination.” In other words, the claim recites “preset first combination” singularly (as opposed to plural preset first combinations) and ends by referencing “each preset first combination.” It is unclear if the intention is for there to be a singular or plural preset first combination(s).
Claim 17 recites operating the at least one heater and the at least one fan “…in a preset second combination and in a preset second order for a preset time allocated for each preset second combination” which renders the claim indefinite as it is unclear in what way the “preset second combination” relates to “each preset second combination.” In other words, the claim recites “preset second combination” singularly (as opposed to plural preset second combinations) and ends by referencing “each preset second combination.” It is unclear if the intention is for there to be a singular or plural preset second combination(s).
Claim 17 recites, in relevant part, setting an operation level of the at least one of the at least one heater and the at least one circulation fan “by considering a temperature of the oven at an end of a current third period and a temperature of the oven at the start of the current third period” which renders the claim indefinite as it is unclear what it means to “consider” a temperature of the oven. Specifically, it is unclear if the temperature of the oven is being measured and the measured temperature is being used in the setting step or if the oven temperature is a predicted value (i.e. one that is stored, for instance, in memory that is based on an expected temperature) which is used in the setting step. Additionally, claim 17 only mentions a preset first period and a preset second period. The use of “a current third period” further adds ambiguity as it is unclear in what way, if any, the current third period relates to the preset first and second period. In other words, is the current period a “third” in the chronological order relative to the preset periods or is the intention that there are to be a first and second current period?
Claim 17 recites setting an operation level “by considering a temperature of the oven at an end of a current third period and a temperature of the oven at the start of the current third period,” performing a temperature maintaining operation “for one third period according to the operation level set in the setting,” and “repeating the setting of the operation level and the temperature maintaining operation until cooking is completed” which creates confusion as it is unclear in what way, if any, the current period differs or relates to the one period. In other words, after the temperature maintaining operation, repeating the operation level step would occur upon considering the temperature that would be uniform (as the temperature is maintained). It is unclear in what way the setting an operation level is repeated if the temperature is maintained until cooking is completed. Additionally, the use of “one third period” further compounds the clarity issue for the same reason detailed above.
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, 9-11, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wade (US2023/0172383; filed on 12/08/2021 which is before the 12/16/2021 effective filing date of the instant application).
Regarding claim 1, Wade teaches a method of cooking at a constant temperature in an oven (abstract, para. 0001; Figure 6 shows an oven), the method comprising:
performing a temperature raising operation of operating at least one of at least one heater(bake, broil, and convection heating elements-para. 0021) and at least one circulation fan (fan 1/fan 2) until a temperature of a preset ratio of a set temperature is reached (Fig. 1; preheat step that occurs if temp is < than setpoint temperature and occurs until temp ≥ setpoint-para. 0026);
continuing the operating of the at least one of the at least one heater and the at least one circulation fan at the set temperature for a preset period (Fig. 1; post heat 1 where the heating element and fan are operated for a preset period of time when the temp is ≥ setpoint);
setting an operation level of the at least one of the at least one heater and the at least one circulation fan by considering a temperature of the oven at an end of a current period and a temperature of the oven at a start of the current period (the operation time of the heaters and fans is shown in the post heat step, which occurs upon considering a temperature of the oven at an end of the preheat phase and a temperature at a start of the postheat phase; i.e., a consideration is made as to whether the temperature is < or ≥ the setpoint temperature);
performing a temperature maintaining operation of operating the at least one of the at least one heater and the at least one circulation fan for one period according to the operation level set in the setting (Postheat phase and para. 0026-“ the processor may be configured to maintain a desired temperature for a predetermined time by energizing and/or de-energizing a heater.”); and
repeating the setting of the operation level and the temperature maintaining operation until cooking is completed (Fig. 1 shows the postheat stage repeating until the food is cooked at 140/150). (Para. 0033; “The stages may target a predetermined temperature and an associated preheat and postheat offset, in which the offsets may be different from each other. In some examples, the stages may target a user-selected temperature, thereby instructing the processor via selection of the steam heating mode to operate the specific cycling of the one or more components of the system. In addition, all postheat duty cycles may be operated by the processor according to hysteresis control using one or more predetermined temperature parameters. For example, the predetermined temperature parameter may comprise upper and lower temperatures, as explained above. Moreover, during each of the postheat stages, the duty cycle is operated via PID control between upper and lower bounds bracketing a desired ‘setpoint’ temperature so that the temperature profile oscillates between the bounds.” Here, the processor maintains the temperature within a set range).
Regarding claim 5, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein for the operation level, the at least one heater and the at least one circulation fan are operated for each operation level in one period, in a preset combination and in a preset order for a preset time allocated for each preset combination (see postheat stage in Fig. 1, where the heaters and fans are operated for a set period, in a set combination).
Regarding claim 7, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein the operation level comprises a lowest operation level and a highest operation level, and the operation level does not fall below the lowest operation level and does not rise above the highest operation level (see Fig 1 for operation schedule of the heaters and fans.) (Para. 0033; “The stages may target a predetermined temperature and an associated preheat and postheat offset, in which the offsets may be different from each other. In some examples, the stages may target a user-selected temperature, thereby instructing the processor via selection of the steam heating mode to operate the specific cycling of the one or more components of the system. In addition, all postheat duty cycles may be operated by the processor according to hysteresis control using one or more predetermined temperature parameters. For example, the predetermined temperature parameter may comprise upper and lower temperatures, as explained above. Moreover, during each of the postheat stages, the duty cycle is operated via PID control between upper and lower bounds bracketing a desired ‘setpoint’ temperature so that the temperature profile oscillates between the bounds.” Here, the processor maintains the temperature within a set range).
Regarding claim 9, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein the at least one heater comprises: a first heater positioned at a top of a cooking chamber of the oven; a second heater positioned at a bottom of the cooking chamber; and a third heater positioned on an inner surface of the cooking chamber (Fig. 5 and paragraph 0059).
Regarding claim 10, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein for the setting of the operation level, in response to a calculated operation level exceeding a preset highest operation level as a result of calculating the operation level, the operation level is set to a highest operation level considering the set temperature, a current period temperature which is the temperature of the oven at the end of the current period, and a previous period temperature which is the temperature of the oven at the start of the current period (para. 0022, para 0033, and 0064; hysteresis control using predetermined temperature parameters where the duty cycle of the heaters is operated between upper and lower bounds of a setpoint temperature profile. Para 0029 describes that the duty cycles, of the heating elements and fans, is determined using only the temperature setpoint as a user input variable) (Fig 1 shows the progress of the preheat and postheat stages that take in consideration the temperature of the oven relative to the setpoint temperature).
Regarding claim 11, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein for the setting of the operation level, in response to a calculated operation level being less than a preset highest operation level as a result of calculating the operation level, the operation level is set to a lowest operation level considering the set temperature, a current period temperature which is the temperature of the oven at the end of the current period, and a previous period temperature which is the temperature of the oven at the start of the current period (para. 0022, para 0033, and 0064; hysteresis control using predetermined temperature parameters where the duty cycle of the heaters is operated between upper and lower bounds of a setpoint temperature profile. Para 0029 describes that the duty cycles, of the heating elements and fans, is determined using only the temperature setpoint as a user input variable) (Fig 1 shows the progress of the preheat and postheat stages that take in consideration the temperature of the oven relative to the setpoint temperature).
Regarding claim 13 Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein for the setting of the operation level, in response to a current period temperature, which is the temperature of the oven at the end of the current period, rising above an upper limit reference value than the set temperature, the operation level is set to an off level for turning off each of the at least one heater (Postheat phase and para. 0026-“ the processor may be configured to maintain a desired temperature for a predetermined time by energizing and/or de-energizing a heater.”) (Para. 0033; “The stages may target a predetermined temperature and an associated preheat and postheat offset, in which the offsets may be different from each other. In some examples, the stages may target a user-selected temperature, thereby instructing the processor via selection of the steam heating mode to operate the specific cycling of the one or more components of the system. In addition, all postheat duty cycles may be operated by the processor according to hysteresis control using one or more predetermined temperature parameters. For example, the predetermined temperature parameter may comprise upper and lower temperatures, as explained above. Moreover, during each of the postheat stages, the duty cycle is operated via PID control between upper and lower bounds bracketing a desired ‘setpoint’ temperature so that the temperature profile oscillates between the bounds.” Here, the processor maintains the temperature within a set range).
Regarding claim 14, Wade teaches the claimed invention, as applied to claim 1, and further teaches wherein for the setting of the operation level, in response to a current period temperature which is the temperature of the oven at the end of the current period, falling below an upper limit reference value than the set temperature, the operation level is set to a highest operation level (Postheat phase and para. 0026-“ the processor may be configured to maintain a desired temperature for a predetermined time by energizing and/or de-energizing a heater.”) (Para. 0033; “The stages may target a predetermined temperature and an associated preheat and postheat offset, in which the offsets may be different from each other. In some examples, the stages may target a user-selected temperature, thereby instructing the processor via selection of the steam heating mode to operate the specific cycling of the one or more components of the system. In addition, all postheat duty cycles may be operated by the processor according to hysteresis control using one or more predetermined temperature parameters. For example, the predetermined temperature parameter may comprise upper and lower temperatures, as explained above. Moreover, during each of the postheat stages, the duty cycle is operated via PID control between upper and lower bounds bracketing a desired ‘setpoint’ temperature so that the temperature profile oscillates between the bounds.” Here, the processor maintains the temperature within a set range).
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.
Claim(s) 2-4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wade in view of Bauer et al. (DE102014201427)
Regarding claim 2, Wade teaches the claimed invention, as applied to claim 1, except for wherein the temperature raising operation comprises: setting a first set temperature determined by multiplying the set temperature by the preset ratio; and operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination.
Bauer relates to the art of cooking devices and is concerned with temperature control (Abstract). Bauer teaches setting a first set temperature determined by multiplying the set temperature by the preset ratio; and operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination ([machine translated sections] (“The control unit 16a uses an upper threshold and a lower threshold of deviation from the setpoint temperature. The upper and lower thresholds form a threshold range that the control unit 16a determined as a function of the input value of the deviation from the target temperature. For example, the control unit could 16a to determine the upper threshold, multiply the value of the deviation from the target temperature by a factor greater than 1, for example 1.02. To determine the lower threshold, the control unit could 16a multiply the value of the deviation from the target temperature by a factor less than 1, for example 0.98. In the present embodiment, the control unit uses 16a for determining the upper threshold and the lower threshold, an absolute value stored in the memory unit, for example 2 K. The control unit adds this stored absolute value 16a in the operating state to the inputted value of the deviation from the target temperature for the determination of the upper threshold value. The control unit subtracts to determine the lower threshold value 16a in the operating state, the stored absolute value of the input value of the deviation from the target temperature.”) (“The control unit 16a in the operating state, compares the actual deviation from the setpoint temperature with the threshold values of the deviation from the setpoint temperature. If the value of the actual deviation from the setpoint temperature is less than the lower threshold value of the deviation from the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a in row. If the value of the actual deviation from the setpoint temperature is greater than the upper threshold value of the deviation from the setpoint temperature and, in addition, if the actual temperature is lower than the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a parallel. If the actual temperature is greater than the setpoint temperature, the control unit switches 16a in the operating state, the heating elements 12a . 14a in series, in particular to effect a low heat output and thus a rapid cooling. If the actual deviation from the setpoint temperature is between the lower threshold value and the upper threshold value, then the control unit omits 16a in the operating state, switching between series connection and parallel connection of the heating elements 12a . 14a ,”)).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wade with Bauer, by heater/fan control and setting of the upper and lower values relative to the setpoint temperature of Wade, with the setting a first set temperature determined by multiplying the set temperature by the preset ratio and the operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination taught by Bauer, for in doing so would provide a means for calculating the upper and lower bounds of the temperature threshold, relative to the user defined setpoint temperature, such that the actual temperature is limited to within those bounds which would provide an accurate means for maintaining the actual temperature relative to the setpoint temperature.
Regarding claim 3, Wade teaches the claimed invention, as applied to claim 1, except for wherein the temperature raising operation comprises: setting a first set temperature determined by multiplying the set temperature by a preset first ratio and setting a second set temperature determined by multiplying the set temperature by a preset second ratio; operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination; and operating, the at least one heater and the at least one circulation fan by units of time of a preset second period until the second set temperature is reached, in a preset second combination and in a preset second order for a preset time allocated for each preset second combination.
Bauer relates to the art of cooking devices and is concerned with temperature control (Abstract). Bauer teaches setting a first set temperature determined by multiplying the set temperature by a preset first ratio and setting a second set temperature determined by multiplying the set temperature by a preset second ratio; operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination; and operating, the at least one heater and the at least one circulation fan by units of time of a preset second period until the second set temperature is reached, in a preset second combination and in a preset second order for a preset time allocated for each preset second combination ([machine translated sections] (“The control unit 16a uses an upper threshold and a lower threshold of deviation from the setpoint temperature. The upper and lower thresholds form a threshold range that the control unit 16a determined as a function of the input value of the deviation from the target temperature. For example, the control unit could 16a to determine the upper threshold, multiply the value of the deviation from the target temperature by a factor greater than 1, for example 1.02. To determine the lower threshold, the control unit could 16a multiply the value of the deviation from the target temperature by a factor less than 1, for example 0.98. In the present embodiment, the control unit uses 16a for determining the upper threshold and the lower threshold, an absolute value stored in the memory unit, for example 2 K. The control unit adds this stored absolute value 16a in the operating state to the inputted value of the deviation from the target temperature for the determination of the upper threshold value. The control unit subtracts to determine the lower threshold value 16a in the operating state, the stored absolute value of the input value of the deviation from the target temperature.”) (“The control unit 16a in the operating state, compares the actual deviation from the setpoint temperature with the threshold values of the deviation from the setpoint temperature. If the value of the actual deviation from the setpoint temperature is less than the lower threshold value of the deviation from the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a in row. If the value of the actual deviation from the setpoint temperature is greater than the upper threshold value of the deviation from the setpoint temperature and, in addition, if the actual temperature is lower than the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a parallel. If the actual temperature is greater than the setpoint temperature, the control unit switches 16a in the operating state, the heating elements 12a . 14a in series, in particular to effect a low heat output and thus a rapid cooling. If the actual deviation from the setpoint temperature is between the lower threshold value and the upper threshold value, then the control unit omits 16a in the operating state, switching between series connection and parallel connection of the heating elements 12a . 14a ,”)).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wade with Bauer, by heater/fan control and setting of the upper and lower values relative to the setpoint temperature of Wade, with the setting a first set temperature determined by multiplying the set temperature by a preset first ratio and setting a second set temperature determined by multiplying the set temperature by a preset second ratio, operating, the at least one heater and the at least one circulation fan by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination, and operating, the at least one heater and the at least one circulation fan by units of time of a preset second period until the second set temperature is reached, in a preset second combination and in a preset second order for a preset time allocated for each preset second combination taught by Bauer, for in doing so would provide a means for calculating the upper and lower bounds of the temperature threshold, relative to the user defined setpoint temperature, such that the actual temperature is limited to within those bounds which would provide an accurate means for maintaining the actual temperature relative to the setpoint temperature.
Regarding claim 4, the combination of Wade and Bauer, as applied to claim 3, teaches the claimed invention including wherein the preset first ratio is lower than the preset second ratio (upper and lower bounds detailed in Bauer).
Regarding claim 17 Wade teaches a method of cooking at a constant temperature in an oven (abstract, para. 0001; Figure 6 shows an oven), the method comprising:
setting a first set temperature
operating, at least one heater (bake, broil, and convection heating elements-para. 0021) and at least one circulation fan (fan1/fan2) by units of time of a preset first period until the first set temperature is reached, in a preset first combination and in a preset first order for a preset time allocated for each preset first combination (Fig. 1; preheat step that occurs if temp is < than setpoint temperature and occurs until temp ≥ setpoint-para. 0026);
operating, the at least one heater and the at least one circulation fan by units of time of a preset second period until the second set temperature is reached, in a preset second combination and in a preset second order for a preset time allocated for each preset second combination (Fig. 1; post heat 1 where the heating element and fan are operated for a preset period of time when the temp is ≥ setpoint);
continuing the operating at least one of the at least one heater and the at least one circulation fan at the set temperature for a preset third period (postheat stage, Fig. 1);
setting an operation level of the at least one of the at least one heater and the at least one circulation fan by considering a temperature of the oven at an end of a current third period and a temperature of the oven at a start of the current third period (the operation time of the heaters and fans is shown in the post heat step, which occurs upon considering a temperature of the oven at an end of the preheat phase and a temperature at a start of the postheat phase; i.e., a consideration is made as to whether the temperature is < or ≥ the setpoint temperature);
performing a temperature maintaining operation of operating the at least one of the at least one heater and the at least one circulation fan for one third period according to the operation level set in the setting; and repeating the setting of the operation level and the temperature maintaining operation until cooking is completed (Postheat phase and para. 0026-“ the processor may be configured to maintain a desired temperature for a predetermined time by energizing and/or de-energizing a heater.”) (Fig. 1 shows the postheat stage repeating until the food is cooked at 140/150). (Para. 0033; “The stages may target a predetermined temperature and an associated preheat and postheat offset, in which the offsets may be different from each other. In some examples, the stages may target a user-selected temperature, thereby instructing the processor via selection of the steam heating mode to operate the specific cycling of the one or more components of the system. In addition, all postheat duty cycles may be operated by the processor according to hysteresis control using one or more predetermined temperature parameters. For example, the predetermined temperature parameter may comprise upper and lower temperatures, as explained above. Moreover, during each of the postheat stages, the duty cycle is operated via PID control between upper and lower bounds bracketing a desired ‘setpoint’ temperature so that the temperature profile oscillates between the bounds.” Here, the processor maintains the temperature within a set range).
Wade teaches the claimed invention except for the setting of the first and second set temperature is determined by multiplying the set temperature by a preset ratio.
Bauer relates to the art of cooking devices and is concerned with temperature control (Abstract). Bauer teaches setting of a first and second set temperature is determined by multiplying the set temperature by a preset ratio. ([machine translated sections] (“The control unit 16a uses an upper threshold and a lower threshold of deviation from the setpoint temperature. The upper and lower thresholds form a threshold range that the control unit 16a determined as a function of the input value of the deviation from the target temperature. For example, the control unit could 16a to determine the upper threshold, multiply the value of the deviation from the target temperature by a factor greater than 1, for example 1.02. To determine the lower threshold, the control unit could 16a multiply the value of the deviation from the target temperature by a factor less than 1, for example 0.98. In the present embodiment, the control unit uses 16a for determining the upper threshold and the lower threshold, an absolute value stored in the memory unit, for example 2 K. The control unit adds this stored absolute value 16a in the operating state to the inputted value of the deviation from the target temperature for the determination of the upper threshold value. The control unit subtracts to determine the lower threshold value 16a in the operating state, the stored absolute value of the input value of the deviation from the target temperature.”) (“The control unit 16a in the operating state, compares the actual deviation from the setpoint temperature with the threshold values of the deviation from the setpoint temperature. If the value of the actual deviation from the setpoint temperature is less than the lower threshold value of the deviation from the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a in row. If the value of the actual deviation from the setpoint temperature is greater than the upper threshold value of the deviation from the setpoint temperature and, in addition, if the actual temperature is lower than the setpoint temperature, then the control unit switches 16a in the operating state, the heating elements 12a . 14a parallel. If the actual temperature is greater than the setpoint temperature, the control unit switches 16a in the operating state, the heating elements 12a . 14a in series, in particular to effect a low heat output and thus a rapid cooling. If the actual deviation from the setpoint temperature is between the lower threshold value and the upper threshold value, then the control unit omits 16a in the operating state, switching between series connection and parallel connection of the heating elements 12a . 14a ,”)).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wade with Bauer, by heater/fan control and setting of the upper and lower values relative to the setpoint temperature of Wade, with the setting a first/second set temperature determined by multiplying the set temperature by the first/second preset ratio taught by Bauer, for in doing so would provide a means for calculating the upper and lower bounds of the temperature threshold, relative to the user defined setpoint temperature, such that the actual temperature is limited to within those bounds which would provide an accurate means for maintaining the actual temperature relative to the setpoint temperature.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wade in view of Abdoo (US 2019/0128531).
Regarding claims 15-16, Wade teaches the claimed invention, as applied in claim 1, except for sensing a core temperature of food; and in response to the sensed core temperature of the food reaching the set temperature, stopping an operation of the at least one heater and notifying that cooking has been completed (claim 15) and wherein for the sensing of the core temperature of the food, the core temperature of the food is received and sensed by a probe thermometer inserted into the food (claim 16).
Abdoo relates to a cooking appliance and control thereof (para. 0001) and teaches sensing a core temperature of food (probe 54; Fig. 1 and para. 0014) and in response to the sensed core temperature of the food reaching the set temperature, stopping an operation of the at least one heater and notifying that cooking has been completed (para. 0014 and 0048; controller, relying on internal temperature of the food from probe 54, determines whether to continue heating, terminating heating and alerting a user, for instance, by displaying a message on display 62). Abdoo further teaches wherein for the sensing of the core temperature of the food, the core temperature of the food is received and sensed by a probe thermometer (probe 54; Fig. 1) inserted into the food (Fig. 1; 30).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Wade with Abdoo, by adding to the heater control of Wade, with the sensing a core temperature of food, and in response to the sensed core temperature of the food reaching the set temperature, stopping an operation of the at least one heater and notifying that cooking has been completed, wherein for the sensing of the core temperature of the food, the core temperature of the food is received and sensed by a probe thermometer inserted into the food taught by Abdoo, for in doing so would provide a means for directly determining whether the food being cooked is completed and, if so, providing a means for terminating the heating automatically.
Allowable Subject Matter
Claims 6, 8, and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record fails to teach, suggest, or otherwise disclose the combination of feature required in claim 6 including “wherein the operation level comprises a reference operation level at which the at least one heater and the at least one circulation fan are operated in a preset combination and in a preset order for a preset time allocated for each preset combination, in one period, and at the operation level, the at least one heater and the at least one circulation fan are operated in the preset combination and in the preset order during the one period, and the preset time allocated for each preset combination at remaining operation levels other than the reference operation level is determined by multiplying the preset time allocated for each preset combination at the reference operation level by a ratio determined by dividing the operation level by the reference operation level.”
The prior art of record fails to teach, suggest, or otherwise disclose the combination of feature required in claim 8 including “wherein for the temperature maintaining operation, an operation time value is calculated by adding a time allocated to the at least one heater according to the operation level and a time stored in a buffer corresponding to the at least one heater, and in response to the operation time value being less than a preset heating reference value, the at least one heater is not operated in the current period, and the operation time value is stored in the buffer corresponding to the at least one heater, and in response to the operation time value being greater than or equal to the preset heating reference value, the at least one heater is operated by units of seconds of the operation time value in the current period, and remaining time is stored in the buffer corresponding to the at least one heater.”
The prior art of record fails to teach, suggest, or otherwise disclose the combination of feature required in claim 12 including “wherein for the setting of the operation level, the operation level is calculated as follows:
Next Level=Current Level−K1*P−K2*D where, K1 is a preset proportional coefficient, K2 is a preset differential coefficient, P is a value determined by subtracting the set temperature from a current period temperature which is the temperature of the oven at the end of the current period, and D is a value determined by subtracting a previous period temperature from the current period temperature which is the temperature of the oven at the start of the current period.”
Conclusion
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761