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/Arguments
Applicant's amendment filed on 4/13/2026 has been entered.
Claims 1-3, 8, 11, and 16-17 have been amended.
Claims 4 and 14 have been cancelled. However, the cancelation of claim 4 has introduced a new rejection under 35 U.S.C. 112(b) of claims 11-12.
Claims 5-7, 9-10, 12-13, 15, and 18-20 are as previously presented.
Claims 21-22 have been added.
Claims 1-3, 5-13, and 15-22 are still pending in this application, with claims 1 and 17 being independent.
Applicant's amendment overcomes the previously set-forth objections to claims 3-4. Applicant’s argument regarding the objection to claim 17 is not persuasive [Remarks p. 9: “Applicant submits that claim 17 is not a substantial duplicate of claim 1 for at least the reason that claim 17 claims the rack, where claim 1 does not claim the rack.”], and maintains that since claim 1 is directed at a kitchen appliance and recites “a rack moving mechanism configured to adjust a vertical height of a rack located in the cooking chamber” in lines 6-7, claim 17 will be objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1.
Applicant’s amendment overcomes the previously set-forth rejection under 35 U.S.C. 112(b) of claim 16.
Applicant’s amendment overcomes the previously set-forth rejection under 35 U.S.C. 103 of claims 1-14 and 17-20. Applicant’s arguments regarding claims 1 and 17 [Remarks pps. 9-12: “Notwithstanding the rejection, Applicant submits that the combination of Becker and Seidler does not teach or suggest the features of claim 1, such that claim 1 is distinguishable over the applied references. For example, the combination of Becker and Seidler does not teach or suggest "at least a portion of the rack moving mechanism is located in the first sheath," as recited in claim 1… Notwithstanding the rejection, Applicant submits that the combination of Becker and Seidler does not teach or suggest the features of claim 17, such that claim 17 is distinguishable over the applied references. For example, the combination of Becker and Seidler does not teach or suggest "at least a portion of the rack moving mechanism is located in the first sheath," as recited in claim 17.”] have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 17:
Applicant is advised that should claim 1 be found allowable, claim 17 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, both claims 1 and 17 recite a rack moving mechanism configured to adjust a vertical height of a rack, wherein a controller connected to the rack moving mechanism is configured to operate the rack moving mechanism to move the rack vertically, and since claim 17 seems to only add that the rack moving mechanism is connected to the rack (line 5), wherein a connection between the two elements is already implied by the recitation that the rack moving mechanism moves the rack vertically. Thus, it seems claim 17 is a substantial duplicate of claim 1
Claim 18:
In view of the warning above of claim 17, should claim 5 be found allowable, claim 18 will similarly be objected to for being a substantial duplicate of claim 5.
Claim 20:
In view of the warning above of claim 17, should claim 13 be found allowable, claim 20 will similarly be objected to for being a substantial duplicate of claim 13.
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 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, e.g., mechanism) 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.
Claims 1 and 17:
“sheath” is used by the claims to indicate conventional structure known in the art [i.e., leadscrew/spindle structure restricting rotation, e.g., rotation of mount 380 connecting rack supporting member 385 to thread shaft 360, and allowing vertical motion [para. 0019: “The example shown in FIG. 3 includes a sheath 350 that has a plurality of sides 355 that at least partially surround shaft 360. In embodiments, sheath 350 has a slot that permits rack supporting member 385 to move vertically and restricts rotation of rack supporting member 385 so that rotation of threaded shaft 360 causes rack supporting member 385 to move vertically.”]
the limitation “moving mechanism” configured to adjust a vertical height, is being interpreted as a supporting member [i.e., rack supporting member 385 including a mount 380], a shaft [shaft 360], and a motor [driver 370, e.g., a stepper motor], and equivalents thereof [i.e., a linear actuator, e.g., a leadscrew/spindle type linear actuator; fig. 2: moving mechanism 300; fig. 3; paras. 0008-11, 17-18].
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.
Claims 11-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 11:
The recitation of “The kitchen appliance of claim 4” renders the claim indefinite since claim 4 has been canceled. Since claim 4 previously depended on claim 3, claim 11 will be interpreted as depending on claim 3.
Claim 12 is rejected due to dependence on a rejected claim.
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.
Claims 1-3, 5-13, and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Becker (US 5429043 A) in view of Mori (US 20150377330 A1) and Seidler (DE 102004026882 A1).
Regarding claim 1,
Becker discloses:
A kitchen appliance [fig. 1: oven 13; col. 1, lines 5-10], comprising:
a housing [see fig. 1];
a cooking chamber located in the housing [fig. 2: cavity 22], the cooking chamber having a first wall; a first recess in the first wall of the cooking chamber [see fig. 1, showing support bars 18 in a first recess formed by a first wall of the cavity 22];
a rack moving mechanism [see fig. 1, showing support nut 28, end 48, pintle 50 as a supporting member including a mount, support bars 18/18’ as shafts, and motor 30] configured to adjust a vertical height of a rack [rack 12; col. 2, lines 40-65] located in the cooking chamber [col. 4, line 25-col. 5, line 45]; and
a controller [fig. 1: switch 40] connected to the rack moving mechanism and configured to operate the rack moving mechanism to move the rack vertically [col. 4, lines 50-60: “The electric motor 30 is activated by a conventional bipolar DC switch 40 that directs the motor 30 to rotate in a clockwise or counterclockwise direction, depending on whether the user wishes to raise or lower the oven racks 12, 12'”],
However, although:
Becker discloses a conventional linear actuator known in the art, i.e., a leadscrew structure including the restricting of rotation of support nut 28 connecting pintle 50 to support bar 18, allowing vertical motion of pintle 50 through a slot [see fig. 1; col. 5, lines 2-5: “Each support nut 28 has an end 48 adapted to receive a pintle 50 that urges the support nut 28 to move in a vertical direction, up and down, on the continuous threaded support bar 18.”]; and
Becker discloses that a cook may operate the switch to vary the rack height during cooking [e.g., a lowest, a middle, and highest height as first, second, and third vertical heights; col. 2, lines 40-50], such that the cook may select different heights for the rack that are appropriate to prepare various foods [i.e., according to difference recipes, e.g., in order to cook a souffle; col. 1, lines 10-40],
Becker does not disclose a first sheath located in the first recess, wherein at least a portion of the rack moving mechanism is located in the first sheath; and does not disclose any automatic functionality of the controller, specifically, Becker does not explicitly disclose the controller has a plurality of heating programs, and the controller operates the rack moving mechanism to move the rack to a second vertical height from a first vertical height, the second vertical height being based on a selected one of the heating programs.
Mori, in the same field of endeavor [fig. 1: actuator 55; para. 0002: “Actuators adapted for the sliding means to move and guide linearly any object are recently availed in extensively increased fields. Modern actuators are needed to be less in weight as well as in height in transverse section, and more compact in construction. The actuators of the sorts as stated earlier have been used in means to do reciprocating motion, for example, in assembling machines, measurement instruments, various machines, industrial robots, semiconductor manufacturing equipments, and so on.”], teaches:
a first sheath located in the first recess [i.e., see frame 1 to be secured in a counterpart, e.g., a base, a machine bed, or the first recess of Becker, wherein the frame 1 has a plurality of sides forming a slot/U-shape that permits a slider 2 to move vertically, wherein the frame 1 restricts rotation of slider 2 so that rotation of lead screw 10 causes the slider to move vertically; para. 0041: “The actuator 55, as generally shown in FIG. 1 to FIG. 4, is mainly composed of an elongated frame 1 to constitute a bed and a guide rail secured to a counterpart including a base, a machine bed and so on, a slider allowed to move relatively to the frame 1 in a lengthwise direction of the guide rail, and a driving unit 64 having a motor 3 to power the slider 2… The frame 1 has U-shape contour in transverse section composed of a bottom 8 and a pair of side walls 9 extending lengthwise from sidewise opposed edges of the bottom 8 to define the U-shape contour in transverse section.”],
wherein at least a portion of the rack moving mechanism is located in the first sheath [see fig. 1, showing at least a portion of slider 2 located in frame 1];
Seidler, in the same field of endeavor [para. 0043], teaches:
a controller including a control unit 26 [fig. 1]
that operates a moving mechanism [i.e., 28ab as supporting members, 20ab as shafts, and 24ab as motors] for a rack [i.e., cooking tray 34],
to move the rack to various vertical heights [e.g., from a current height to any other height within the range of the moving mechanism; para. 0034]
is automated through a selected heating program [para. 0038]
from a plurality of heating programs [i.e., a cooking program for each cooking process with different time constants (e.g., to achieve different levels of browning); paras. 0019-20].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the kitchen appliance of Becker by:
substituting each of the actuators of Becker with the actuator of Mori such that a first sheath is located in the first recess, and wherein at least a portion of the rack moving mechanism is located in the first sheath, since Mori teaches an equivalent actuator capable of linear motion, further including lubrication features, thereby improving device lifespan and efficiency, and reducing cost [paras. 0015-16; para. 0045: “The actuator 55 of the present invention is envisaged lubricating the balls 7B of rolling element interposed between the lead screw 10 and the nut 6 of the ball lead screw 65. A first lubricating member 24 is built in the cylindrical recess 18 which is formed in an end of the slider major body 5 oppositely to the nut 6.”]; and
including a plurality of heating programs, wherein the controller operates the rack moving mechanism to move the rack to a second vertical height from a first vertical height, the second vertical height being based on a selected one of the heating programs, since Seidler teaches this allows for a controlled cooking process that is uniform [para. 0012: “If this is done several times during the cooking process, especially if controlled, a cooking process that is uniform for the food as a whole can be achieved.”].
Regarding claim 2, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 1.
Becker further discloses:
wherein the rack moving mechanism comprises a first left side moving mechanism configured to support a left side of the rack [see fig. 1, showing a left most assembly including two support bars 18 on the left side of rack 12, each comprising a nut, end, and pintle], and a first right side moving mechanism configured to support a right side of the rack [see fig. 1, showing a right most assembly including two support bars 18 on the right side of rack 12, each comprising a nut, end, and pintle],
Becker as modified by Mori further discloses:
the first sheath is a first left side sheath, the first recess is a first left side recess, at least a portion of the first left side moving mechanism is located in the first left side sheath, the appliance further comprises a first right side sheath located in a first right side recess in a second wall of the cooking chamber, and at least a portion of the first right side moving mechanism is located in the first right side sheath [i.e., the substitution of the rack moving assembly of Becker with four actuators of Mori].
Regarding claim 3, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 2.
Becker further discloses:
further comprising a second left side moving mechanism configured to support the left side of the rack, and a second right side moving mechanism configured to support the right side of the rack, wherein each of the first and second left side mechanisms is configured to support the rack at a different location on the left side of the rack [see fig. 1, showing support structures for supporting the rack at least at two different locations on the left side thereof].
Regarding claim 5, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 1.
Becker further discloses:
wherein the rack moving mechanism comprises
a rack supporting member that is configured to support the rack [i.e., support nut 28, end 48, pintle 50],
a shaft attached to the rack supporting member [i.e., bars 18/18’], and
a motor attached to the shaft and configured to rotate the shaft [i.e., motor 30], and
wherein the rotation of the shaft causes the rack supporting member to move vertically [col. 4, lines 50-60].
Regarding claim 6, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 5.
Becker further discloses:
wherein the rack supporting member is configured to move the rack vertically in response to the rack supporting member moving vertically [i.e., as the support nut is moved vertically, pintle 50 which holds the rack moves the rack vertically].
Regarding claim 7, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 5.
Becker as modified by Seidler, specifically Seidler further discloses:
wherein the motor is controlled by the controller based on the selected one of the heating programs [para. 30: “The two electric motors of the electric motor/gearbox units 24a , 24b are connected to a control unit 26, which is also connected to the operating device 14.”].
Regarding claim 8, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 5.
Becker further discloses:
wherein the shaft is located in the first recess [see fig. 1, showing support bars 18 in a recess formed by an inner wall (forming the cavity 22) and an outer wall of the housing, wherein slot shaped openings therebetween allow for the vertical movement of end 48].
Regarding claim 9, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 8.
Becker further discloses:
wherein the rack supporting member extends from the recess [i.e., end 48 extends from the recess into the cooking chamber].
Regarding claim 10, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 8.
Becker further discloses:
wherein the motor is located outside of the recess [i.e., in a lowermost section of the oven, connected to the support bars by conventional mechanisms (e.g., gears, sprockets); fig. 1; col. 3, lines 35-36].
Regarding claim 11, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 4.
Becker as modified by Mori further discloses:
wherein each of the left side moving mechanisms and each of the right side moving mechanisms comprises:
a rack supporting member that is configured to support the rack [i.e., a corresponding slider of Mori for each mechanism of Becker],
a shaft attached to the rack supporting member [i.e., the bars 18/18’ of Becker], and
a motor attached to the shaft and configured to rotate the shaft [i.e., the motor 30 of Becker], and
wherein the rotation of the shaft causes the rack supporting member to move vertically [i.e., the conventional rotation and linear movement of a leadscrew type actuator].
Regarding claim 12, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 11.
Becker further discloses:
wherein the shaft comprises an external thread, the rack supporting member comprises an internal thread, and the external thread of the shaft engages the internal thread of the rack supporting member [col. 3, lines 35-45: “The electric motor is activated by a switch that is located on the external panel of the oven. A continuous loop chain gear translates the electrical motor rotation into the threaded support bars which in turn through rotation move the oven racks in the desired vertical. Each support bar has a threaded support nut that moves up and down on the threaded support rod thereby imparting the desired vertical linear motion to the oven racks.”].
Regarding claim 13, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 1.
Becker as modified by Seidler further discloses:
wherein the selected one of the heating programs directs the controller to operate the rack moving mechanism to move the rack to a third vertical height from the second vertical height during a heating process.
In this case, since both Becker and Seidler acknowledge different procedures for a cooking process that would require different vertical heights, and in view of Seidler teaching that the position can also be changed automatically in response to a sensor [paras. 0016-18], at least Becker in view of Seidler discloses a third vertical height (e.g., a height moved to in response to a sensor indicating a degree of browning being reached).
Regarding claim 17,
Becker discloses:
A kitchen appliance [fig. 1: oven 13; col. 1, lines 5-10], comprising:
a housing [see fig. 1];
a cooking chamber located in the housing [fig. 2: cavity 22];
a rack located in the cooking chamber [fig. 2: rack 12], the cooking chamber having a first wall; a first recess in the first wall of the cooking chamber [see fig. 1, showing support bars 18 in a first recess formed by a first wall of the cavity 22];
a rack moving mechanism connected to the rack [see fig. 1, showing support nut 28, end 48, pintle 50 as a supporting member including a mount, support bars 18/18’ as shafts, and motor 30] and configured to adjust a vertical height of the rack [col. 2, lines 40-65”; col. 4, line 25-col. 5, line 45]; and
a controller [fig. 1: switch 40] connected to the rack moving mechanism and configured to operate the rack moving mechanism to move the rack vertically [col. 4, lines 50-60: “The electric motor 30 is activated by a conventional bipolar DC switch 40 that directs the motor 30 to rotate in a clockwise or counterclockwise direction, depending on whether the ·user wishes to raise or lower the oven racks 12, 12'”],
However, although:
Becker discloses a conventional linear actuator known in the art, i.e., a leadscrew structure including the restricting of rotation of support nut 28 connecting pintle 50 to support bar 18, allowing vertical motion of pintle 50 through a slot [see fig. 1; col. 5, lines 2-5: “Each support nut 28 has an end 48 adapted to receive a pintle 50 that urges the support nut 28 to move in a vertical direction, up and down, on the continuous threaded support bar 18.”]; and
Becker discloses that a cook may operate the switch to vary the rack height during cooking [e.g., a lowest, a middle, and highest height as first, second, and third vertical heights; col. 2, lines 40-50], such that the cook may select different heights for the rack that are appropriate to prepare various foods [i.e., according to difference recipes, e.g., in order to cook a souffle; col. 1, lines 10-40],
Becker does not disclose a first sheath located in the first recess, wherein at least a portion of the rack moving mechanism is located in the first sheath; and does not disclose any automatic functionality of the controller, specifically, Becker does not explicitly disclose the controller has a plurality of heating programs, and the controller operates the rack moving mechanism to move the rack to a second vertical height from a first vertical height, the second vertical height being based on a selected one of the heating programs.
Mori, in the same field of endeavor [fig. 1: actuator 55; para. 0002: “Actuators adapted for the sliding means to move and guide linearly any object are recently availed in extensively increased fields. Modern actuators are needed to be less in weight as well as in height in transverse section, and more compact in construction. The actuators of the sorts as stated earlier have been used in means to do reciprocating motion, for example, in assembling machines, measurement instruments, various machines, industrial robots, semiconductor manufacturing equipments, and so on.”], teaches:
a first sheath located in the first recess [i.e., see frame 1 to be secured in a counterpart, e.g., a base, a machine bed, or the first recess of Becker, wherein the frame 1 has a plurality of sides forming a slot/U-shape that permits a slider 2 to move vertically, wherein the frame 1 restricts rotation of slider 2 so that rotation of lead screw 10 causes the slider to move vertically; para. 0041: “The actuator 55, as generally shown in FIG. 1 to FIG. 4, is mainly composed of an elongated frame 1 to constitute a bed and a guide rail secured to a counterpart including a base, a machine bed and so on, a slider allowed to move relatively to the frame 1 in a lengthwise direction of the guide rail, and a driving unit 64 having a motor 3 to power the slider 2… The frame 1 has U-shape contour in transverse section composed of a bottom 8 and a pair of side walls 9 extending lengthwise from sidewise opposed edges of the bottom 8 to define the U-shape contour in transverse section.”],
wherein at least a portion of the rack moving mechanism is located in the first sheath [see fig. 1, showing at least a portion of slider 2 located in frame 1];
Seidler, in the same field of endeavor [para. 0043], teaches:
a controller including a control unit 26 [fig. 1]
that operates a moving mechanism [i.e., 28ab as supporting members, 20ab as shafts, and 24ab as motors] for a rack [i.e., cooking tray 34],
to move the rack to various vertical heights [e.g., from a current height to any other height within the range of the moving mechanism; para. 0034]
is automated through a selected heating program [para. 0038]
from a plurality of heating programs [i.e., a cooking program for each cooking process with different time constants (e.g., to achieve different levels of browning); paras. 0019-20].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the kitchen appliance of Becker by:
substituting each of the actuators of Becker with the actuator of Mori such that a first sheath is located in the first recess, and wherein at least a portion of the rack moving mechanism is located in the first sheath, since Mori teaches an equivalent actuator capable of linear motion, further including lubrication features, thereby improving device lifespan and efficiency, and reducing cost [paras. 0015-16; para. 0045: “The actuator 55 of the present invention is envisaged lubricating the balls 7B of rolling element interposed between the lead screw 10 and the nut 6 of the ball lead screw 65. A first lubricating member 24 is built in the cylindrical recess 18 which is formed in an end of the slider major body 5 oppositely to the nut 6.”]; and
including a plurality of heating programs, wherein the controller operates the rack moving mechanism to move the rack to a second vertical height from a first vertical height, the second vertical height being based on a selected one of the heating programs, since Seidler teaches this allows for a controlled cooking process that is uniform [para. 0012: “If this is done several times during the cooking process, especially if controlled, a cooking process that is uniform for the food as a whole can be achieved.”].
Regarding claim 18, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 17.
Becker further discloses:
wherein the rack moving mechanism comprises
a rack supporting member that attaches to and supports the rack [i.e., support nut 28, end 48, pintle 50],
a shaft attached to the rack supporting member [i.e., bars 18/18’], and
a motor attached to the shaft and configured to rotate the shaft [i.e., motor 30], and
wherein the rotation of the shaft causes the rack supporting member to move vertically [col. 4, lines 50-60].
Regarding claim 19, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 18.
Becker further discloses:
wherein the rack comprises a receiving portion that receives the rack supporting member [see fig. 1, showing an outer edge of the rack as a receiving portion that receives the pintle 50].
Regarding claim 20, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 17.
Becker as modified by Seidler discloses:
wherein the selected one of the heating programs directs the controller to operate the rack moving mechanism to move the rack to a third vertical height from the second vertical height during a heating process.
In this case, since both Becker and Seidler acknowledge different procedures for a cooking process that would require different vertical heights, and in view of Seidler teaching that the position can also be changed automatically in response to a sensor [paras. 0016-18], at least Becker in view of Seidler discloses a third vertical height (e.g., a height moved to in response to a sensor indicating a degree of browning being reached).
Regarding claim 21, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 17.
Becker further discloses:
wherein the rack moving mechanism comprises a first left side moving mechanism configured to support a left side of the rack [see fig. 1, showing a left most assembly including two support bars 18 on the left side of rack 12, each comprising a nut, end, and pintle], and a first right side moving mechanism configured to support a right side of the rack [see fig. 1, showing a right most assembly including two support bars 18 on the right side of rack 12, each comprising a nut, end, and pintle],
Becker as modified by Mori further discloses:
the first sheath is a first left side sheath, the first recess is a first left side recess, at least a portion of the first left side moving mechanism is located in the first left side sheath, the appliance further comprises a first right side sheath located in a first right side recess in a second wall of the cooking chamber, and at least a portion of the first right side moving mechanism is located in the first right side sheath [i.e., the substitution of the rack moving assembly of Becker with four actuators of Mori].
Regarding claim 22, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 21.
Becker further discloses:
further comprising a second left side moving mechanism configured to support the left side of the rack, and a second right side moving mechanism configured to support the right side of the rack, wherein each of the first and second left side mechanisms is configured to support the rack at a different location on the left side of the rack [see fig. 1, showing support structures for supporting the rack at least at two different locations on the left side thereof].
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Becker (US 5429043 A) in view of Mori (US 20150377330 A1) and Seidler (DE 102004026882 A1) as applied to claim 1 above, and further in view of Braden (US 20200408017 A1).
Regarding claim 15, Becker in view of Mori and Seidler discloses the kitchen appliance of claim 1.
However, although:
Becker discloses the cook actively controlling the rack height during cooking (i.e., by switching the motor on or off, e.g., when moving a souffle), and Seidler similarly teaching the accurate positioning possible [para. 0006], Becker in view of Seidler does not disclose:
further comprising a sensor that senses the vertical height of the rack.
Braden, in the same field of endeavor, teaches that when using a linear actuator comprising a shaft [fig. 8: leadscrew 83], a motor controller as a sensor can be used to determine a height of the supporting member (i.e., a height of a carriage 82 that corresponds to a hinge 60 of a door 32; figs. 1, 8; para. 0057), or facilitate the movement of the supporting member to a specific height [para. 0064: “Motor 84 may include a motor controller. The motor controller may be configured to count rotations of motor 84 and/or leadscrew 83. The motor controller may be configured to transition door 32 between a variety of predetermined heights. The heights may correspond to the position of rack receivers 46 within cavity 20.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the kitchen appliance of Becker or Seidler by including a sensor that senses the vertical height of the rack since this would allow for verification of heights (i.e., verification to the cook or the controller that a particular desired height was achieved), as taught by Braden [para. 0057: “The motor controller may be configured to count screw revolutions to determine door height and/or achieve specific heights.”].
Regarding claim 16, Becker in view of Mori, Seidler, and Braden discloses the kitchen appliance of claim 15.
the sensor senses a number of times the shaft rotates.
Becker as modified by Seidler and Braden, specifically Braden further discloses that when using a linear actuator comprising a shaft [fig. 8: leadscrew 83], a motor controller as a sensor can be used to determine a height of the supporting member (i.e., a height of a carriage 82 that corresponds to a hinge 60 of a door 32; figs. 1, 8; para. 0057), or facilitate the movement of the supporting member to a specific height [para. 0064: “Motor 84 may include a motor controller. The motor controller may be configured to count rotations of motor 84 and/or leadscrew 83. The motor controller may be configured to transition door 32 between a variety of predetermined heights. The heights may correspond to the position of rack receivers 46 within cavity 20.”].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the kitchen appliance of Becker or Seidler by including a sensor that senses a number of times the shaft rotates such that the vertical height of the rack is determined since this would allow for verification of heights (i.e., verification to the cook or the controller that a particular desired height was achieved), as taught by Braden [para. 0057: “The motor controller may be configured to count screw revolutions to determine door height and/or achieve specific heights.”].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/THEODORE J EVANGELISTA/Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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