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 Arguments
Applicant's arguments filed 07/07/2026 have been fully considered as follows:
Applicant’s arguments, see page 9, with respect to drawings have been fully considered but they are not persuasive. The objection to the drawings is maintained as to the “cooking appliance” recited in the claims. Applicant addresses this objection only by amending the specification, stating that “the specification has been amended as above.” However, amendment of the specification does not remedy an objection to the drawings under 37 CFR 1.83(a), which requires the drawing to show every feature of the invention specified in the claims. Because no amended or corrected drawings have been submitted, and the drawings still fail to depict the cooking appliance, the objection is maintained. Corrected drawings, depicting the cooking appliance are required in reply to this Final Office Action.
Applicant’s arguments, see page 9, with respect to drawings have been fully considered but they are not persuasive. The objections to the drawings are maintained as to the “start point” and “end point” of the pattern portion recited in claims 21, 24, 26, 29-32, 36-37, and 40. Applicant asserts that Figs. 4 and 6 show these features but has not amended the drawings to add reference characters identifying them. Under 37 CFR 1.83(a), the drawings must show every feature of the invention specified in the claims. Absent reference characters in Figs. 4 and 6 specifically identifying the claimed start point and end point, the drawings fail to comply with 37 CFR 1.83(a), and applicant’s assertion that these features are otherwise visible in the figures does not cure the deficiency. Corrected drawings adding the appropriate reference characters are required in reply to this Final Office Action.
Applicant’s arguments, see page 9, with respect to specification have been fully considered and are persuasive. The objection of the specification has been withdrawn. The substitute abstract filed 07/07/2026 consists of a single paragraph of approximately 89 words, in compliance with MPEP 608.01(b), and overcomes the objection.
Applicant’s arguments, see page 9, with respect to claims 23 and 24 have been fully considered and are persuasive. The objection of claims 23 and 24 has been withdrawn.
Applicant’s arguments, see pages 9-10, with respect to the rejection of claims 21-40 under 35 U.S.C. 112(b) have been fully considered and are persuasive in part.
The rejection of claim 21, and dependent claims 22-25, is withdrawn.
The rejection of claim 23 is withdrawn.
The rejection of claim 26, and dependent claims 27 and 29-31, is withdrawn.
The rejection of claim 32, and dependent claims 33-36, is withdrawn.
The rejection of claim 39 is withdrawn.
Applicant’s arguments, with respect to claim 28, have been fully considered but they are not persuasive. Claim 28 recites “a width of a first gap between a first pair of bridges is greater than a second gap between a second pair of bridges.” The claim is indefinite because it compares a width of the first gap to the second gap itself, rather than to a width of the second gap, rendering it unclear what comparison is being claimed. Correction is required, for example by amending “is greater than a second gap” to recite “is greater than a width of a second gap,” consistent with the parallel language used in claims 23 and 39. The rejection of claim 28 is maintained.
Applicant’s arguments, with respect to claim 37 have been fully considered but they are not persuasive. Claim 37 recites “the inner most side” in the limitation “are formed to have a length increasing from the innermost side to an outer most side of the second pattern portion.” There is insufficient antecedent basis for this limitation, as no innermost side of the second pattern portion has been previously introduced in the claim. This is the same deficiency identified in the prior Office action; unlike the analogous limitation in claim 26, it has not been corrected. For the same reason, dependent claims 38-40 remain rejected as well. The rejection of claims 37-40 is maintained.
Applicant’s arguments, see page 10, with respect to the rejection of claims 21-23, 25-28, 32-35, and 37-40 under obviousness-type double patenting have been fully considered but they are not persuasive. The rejection is maintained.
Claim 21 recites a gap between a pair of bridges set to be proportional to a potential difference between the pair of bridges, and a gap between a pair of bridges located at the innermost side of the pattern portion narrower than a gap between a pair of bridges located at the outermost side of the pattern portion. These limitations are not patentably distinct from claim 1 of US 11,668,470, which recites a gap width increasing from the innermost side to the outermost side of the pattern portion, in combination with claim 3 of US 11,668,470, which recites a gap between a pair of bridges set to be proportional to a potential difference between the pair of bridges. Claims 22-25 remain rejected by virtue of their dependency from claim 21.
Claim 26 and its dependent claim 27 are not patentably distinct from claims 4, 6, and 7 of US 11,668,470 for the same reason. Claim 26 recites the first-bridges gap-increasing limitation of claim 4 in combination with the first-bridges gap-proportional-to-potential-difference limitation of claim 6, and claim 27 recites the second-bridges-gap-proportional-to-potential-difference limitation of claim 7 essentially verbatim.
Claim 32 and dependent claims 33-35 are not patentably distinct from claims 8, 10, and 12 of US 11,668,470. Claim 32 recites the third pattern portion structure of claim 8 in combination with the third-bridges gap-proportional-to-potential-difference limitation of claim 12; claim 33 recites the same innermost-gap-to-third-bridges-gap comparison as the closing limitation of claim 8; claim 34 recites the same third-bridges arc-shape-with-predetermined-width limitation as claim 11; and claim 35 recites the same second-bridges-to-third-bridges gap comparison as claim 10.
Claims 37-40 recite the same first pattern portion, second pattern portion, tracks, bridges, and gap limitations as claim 26, incorporated into a cooking appliance. Applicant argues claim 37 is patentably distinct from the reasons discussed with respect to claim 21, which is not persuasive for the reasons set forth above. Applicant does not address the Office Action’s separate findings that incorporating the claimed electric heater into a cooking appliance would have been an obvious extension of a well-known auxiliary component for household use, and that finding is maintained.
A terminal disclaimer in compliance with 37 CFR 1.321(c) is required to overcome this rejection.
Applicant’s arguments, see pages 10-11, with respect to the rejections of claims 21-40 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered but they are not persuasive, except as noted below with respect to claims 23, 28 and 39.
Applicant argues that neither Meindl nor Visher, individually or in combination, discloses or suggests designing the spacing between opposing bridge pairs in proportion to the potential difference between the bridge pairs, nor discloses or suggests increasing the bridge spacing from the inner side toward the outer side of the pattern portion. This is not persuasive. The proportional-to-potential-difference limitation is addressed by official notice, unchallenged by applicant, as set forth in the rejection of record. The increasing-bridge-spacing limitation is expressly shown in annotated Fig. 2 of Meindl (Gb1 < Gb2 < Gb3) and annotated Fig. 1 of Meindl (1st gap < 2nd gap). The newly added limitations in claims 21, 26, and 37—that a gap between a pair of bridges with small potential differences is smaller than a gap between a pair of bridges with large potential differences, and that a gap located at the innermost side is narrower than a gap located at the outermost side—do not overcome this showing, being narrower instances of the same relationship already disclosed. The rejections of claims 21-22, 24-27, 29-38, and 40 are maintained.
The rejections of claims 23, 28, and 39 are withdrawn. As amended, these claims recite a first gap wider than an adjacent second gap in a direction from the innermost side to the outermost side (or from the center to a radially outer side), the opposite of the relationship shown in annotated Fig. 2 of Meindl (Gb1 < Gb2), annotated Fig. 1 of Meindl (1st gap < 2nd gap), and Fig. 7 of the instant application (G1out < G2). Because the cited art discloses the increasing relationship, not the decreasing relationship now claimed, it does not anticipate or render claims 23, 28, and 39 obvious as currently amended. Claims 23, 28, and 39 are rejected instead under 35 U.S.C. 112(a), as set forth below.
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 “cooking appliance” in claim 37, as well as the “start point” and the “end point” in claims 21, 24, 26, 29-32, 36-37 and 40 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 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 28 and 37-40 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 28 recites “a width of a first gap between a first pair of bridges is greater than a second gap between a second pair of bridges.” The claim is indefinite because it compares a width of the first gap to the second gap itself, rather than to a width of the second gap, rendering it unclear what comparison is being claimed.
Claim 37 recites “the outermost side” in line 18. There is insufficient antecedent basis for this limitation in the claim. Claim 37 also recites “the innermost side” in line 24. There is insufficient antecedent basis for this limitation in the claim. For the same reason, its dependent claims 38-40 are rejected as well.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 23, 28 and 39 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 23 recites “a width of a first gap between a first pair of bridges is greater than a width of a second gap between a second pair of bridges adjacent to the first pair of bridges in a direction from the innermost side to the outermost side of the pattern portion.” This requires the gap between an inner pair of bridges to be wider than the gap between an adjacent, more outward pair. The specification discloses the opposite relationship: Fig. 5 shows the gap between bridge pairs increasing in width moving from the innermost side to the outermost side of the pattern portion (G1in < G1 < G1out < G2). The specification does not reasonably convey that the inventor had possession of a pattern portion in which the gap decreases, rather than increases, in the outward direction. Claim 23 is rejected accordingly.
Claim 28 recites the same relationship between a first gap and a second gap in a direction from the center of the first pattern portion to a radially outer side, comparing a gap at the outermost side of the first pattern portion to an adjacent gap at the innermost side of the second pattern portion. Figs. 5 and 7 both show this boundary gap increasing in width (G1out < G2), the opposite of what is now claimed. Claim 28 is rejected for the same reason as claim 23.
Claim 39 recites the same relationship, and is rejected for the same reason.
This rejection is a new ground necessitated by applicant’s amendment to claims 23, 28 and 39.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-23, 25-28, 32-35 and 37-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-12 of U.S. Patent No. US 11,668,470. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 and 10-12 of US 11,668,470 reads into and therefore anticipates the pending claims 21-23, 25-28, and 32-35 as shown in Table 1 below. Claims 37-40 under examination recite “cooking appliance” related limitations (see below), which would have been well-known auxiliary component of the claimed heating elements and would have been obvious to incorporate the heating element into the cooking appliance for household use.
Table 1
U.S. Patent (US 11,668,470)
(like language bolded)
Claims under examination (18/141,347)
(like language bolded)
1. An electric heater comprising:
a substrate; and
a plane heating element disposed on one surface of the substrate, wherein the plane heating element includes:
a pattern portion including a start point and an end point, which are located at an outermost side of the pattern portion,
wherein the pattern portion includes:
a plurality of tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to the outermost side of the pattern portion, and
a plurality of bridges connecting the plurality of tracks in series,
wherein the plurality of bridges are formed on both sides of the pattern portion with respect to a reference line passing through a center of the pattern portion, and a pair of bridges is a bridge on one side facing a bridge on an other side of the pattern portion, and
wherein, for each two adjacent pairs of bridges, a gap between a pair of bridges and a gap between an adjacent pair of bridges have a width increasing from the innermost side to the outermost side of the pattern portion.
3. The electric heater of claim 1, wherein a gap between a pair of bridges is set to be proportional to a potential difference between the pair of bridges.
21. (Currently Amended) An electric heater comprising:
a substrate; and
a plane heating element disposed on one surface of the substrate, wherein the plane heating element includes:
a pattern portion including a start point and an end point,
wherein the pattern portion includes:
a plurality of tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the pattern portion, and
a plurality of bridges connecting the plurality of tracks in series,
wherein the plurality of bridges are formed on both sides with respect to a reference line passing through a center of the pattern portion, the plurality of bridges including pairs of bridges facing each other,
wherein a gap between a pair of bridges is set to be proportional to a potential difference between the pair of bridges, and
wherein a gap between a pair of bridges with small potential differences is smaller than a gap between a pair of bridges with large potential differences, and
wherein a gap between a pair of bridges located at the innermost side of the pattern portion is narrower than a gap between a pair of bridges located at the outermost side of the pattern portion.
2. The electric heater of claim 1, wherein the plurality of bridges have an arc shape with a predetermined width.
22. (Previously Presented) The electric heater of claim 21, wherein the plurality of bridges has an arc shape with a predetermined width.
1. An electric heater… wherein, for each two adjacent pairs of bridges, a gap between a pair of bridges and a gap between an adjacent pair of bridges have a width increasing from the innermost side to the outermost side of the pattern portion.
23. (Currently Amended) The electric heater of claim 21, wherein a width of a first gap between a first pair of bridges is greater than a width of a second gap between a second pair of bridges adjacent to the first pair of bridges in a direction from the innermost side to the outermost side of the pattern portion.
8. The electric heater of claim 4… wherein an innermost gap between the pair of first bridges located at the innermost side of the first pattern portion formed on both sides of the third pattern portion with respect to the reference line is narrower than a gap between a pair of third bridges located at the third pattern portion.
25. (Previously Presented) The electric heater of claim 21, wherein an innermost gap between a pair of bridges located at the innermost side of the pattern portion and facing each other about the reference line is configured to be shorter than an outermost gap between another pair of bridges located at the outermost side of the pattern portion and facing each other about the reference line.
4. An electric heater comprising:
a substrate; and
a plane heating element disposed on one surface of the substrate, wherein the plane heating element includes:
a first pattern portion including a start point and an end point, which are located at an outermost side of the first pattern portion, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point, which are located at an innermost side of the second pattern portion.
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to the outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and
a pair of bridges is a bridge on one side facing a bridge on an other side of a pattern portion, and wherein, for each two adjacent pairs of first bridges, a gap between a pair of first bridges and a gap between an adjacent pair of first bridges have a width increasing from the innermost side to the outermost side of the first pattern portion.
6. The electric heater of claim 4, wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges.
26. (Currently Amended) An electric heater comprising:
a substrate; and
a plane heating element disposed on one surface of the substrate, wherein the plane heating element includes:
a first pattern portion including a start point and an end point, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point,
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from an innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and the plurality of first bridges including pairs of first bridges facing each other and the plurality of second bridges including pairs of second bridges facing each other, and wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges, and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and
wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion.
7. The electric heater of claim 4,
wherein a gap between a pair of second bridges is set to be proportional to a potential difference between the pair of second bridges.
27. (Previously Presented) The electric heater of claim 26,
wherein a gap between a pair of second bridges is set to be proportional to a potential difference between the pair of second bridges.
4. An electric heater…
a gap between a pair of first bridges and a gap between an adjacent pair of first bridges have a width increasing from the innermost side to the outermost side of the first pattern portion.
28. (Currently Amended) The electric heater of claim 26, wherein a width of a first gap between a first pair of bridges is greater than a second gap between a second pair of bridges which is adjacent to the first pair of bridges in a direction from the center of the first pattern portion to a radially outer side of the center of the first pattern portion.
8. The electric heater of claim 4,
wherein the plane heating element further includes:
a third pattern portion surrounding at least a portion of the second pattern portion and including a start point and an end point, which are located at an outermost side of the third pattern portion,
wherein the third pattern portion includes:
a plurality of third tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of second tracks and are formed to have a length increasing from an innermost side to the outermost side of the third pattern portion, and
a plurality of third bridges connecting the plurality of third tracks in series,
wherein the plurality of third bridges are formed on both sides of the third pattern portion with respect to the reference line passing through the center of the first pattern portion, and
wherein an innermost gap between the pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of third bridges located at the third pattern portion.
12. The electric heater of claim 8,
wherein a gap between a pair of third bridges is set to be proportional to a potential difference between the pair of third bridges.
32. (Currently Amended) The electric heater of claim 26,
wherein the plane heating element further includes:
a third pattern portion surrounding at least a portion of the second pattern portion and including a start point and an end point,
wherein the third pattern portion includes:
a plurality of third tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of second tracks and are formed to have a length increasing from an innermost side to an outermost side of the third pattern portion, and
a plurality of third bridges connecting the plurality of third tracks in series,
wherein the plurality of third bridges is formed on both sides of the third pattern portion with respect to the reference line passing through the center of the first pattern portion, and
wherein a gap between a pair of third bridges is set to be proportional to a potential difference between the pair of third bridges.
8. The electric heater of claim 4, …
wherein an innermost gap between the pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of third bridges located at the third pattern portion.
33. (Previously Presented) The electric heater of claim 32.
wherein an innermost gap between the pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of third bridges located at the third pattern portion.
11. The electric heater of claim 8,
wherein the plurality of third bridges have an arc shape with a predetermined width.
34. (Previously Presented) The electric heater of claim 32,
wherein the plurality of third bridges have an arc shape with a predetermined width.
10. The electric heater of claim 8,
wherein the gap between the pair of second bridges is wider than the gap of the pair of third bridges.
35. (Previously Presented) The electric heater of claim 32, wherein the gap between the pair of second bridges is wider than the gap between the pair of third bridges.
4. An electric heater comprising:
a substrate; and
a plane heating element disposed on one surface of the substrate, wherein the plane heating element includes:
a first pattern portion including a start point and an end point, which are located at an outermost side of the first pattern portion, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point, which are located at an innermost side of the second pattern portion.
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to the outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and
a pair of bridges is a bridge on one side facing a bridge on another side of a pattern portion, and
wherein, for each two adjacent pairs of first bridges, a gap between a pair of first bridges and a gap between an adjacent pair of first bridges have a width increasing from the innermost side to the outermost side of the first pattern portion.
6. The electric heater of claim 4,
wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges.
37. (New) A cooking appliance comprising:
a case forming an outer appearance;
a display;
an input unit;
a power supply;
an electric heater provided on the case; and
a controller for controlling the electric heater, the power supply, and the display according to an input from the input unit, wherein
the electric heater includes:
a substrate; and
a plane heating element disposed on one surface of the substrate,
wherein the plane heating element includes:
a first pattern portion including a start point and an end point, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point,
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and the plurality of first bridges including pairs of first bridges facing each other and the plurality of second bridges including pairs of second bridges facing each other, and
wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges, and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and
wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion.
7. The electric heater of claim 4,
wherein a gap between a pair of second bridges is set to be proportional to a potential difference between the pair of second bridges.
38. (Previously Presented) The cooking appliance of claim 37,
wherein a gap between a pair of second bridges is set to be proportional to a potential difference between the pair of second bridges.
4. An electric heater comprising: …
wherein, for each two adjacent pairs of first bridges, a gap between a pair of first bridges and a gap between an adjacent pair of first bridges have a width increasing from the innermost side to the outermost side of the first pattern portion.
39. (Currently Amended) The cooking appliance of claim 37,
wherein a width of a first gap between a first pair of first bridges is greater than a width of a second gap between a pair of first bridges which is adjacent to the first pair of first bridges in a direction from the center of the first pattern portion to a radially outer side of the center of the first pattern portion.
8. The electric heater of claim 4,
wherein the plane heating element further includes:
a third pattern portion surrounding at least a portion of the second pattern portion and including a start point and an end point, which are located at an outermost side of the third pattern portion,
wherein the third pattern portion includes:
a plurality of third tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of second tracks and are formed to have a length increasing from an innermost side to the outermost side of the third pattern portion, and
a plurality of third bridges connecting the plurality of third tracks in series,
wherein the plurality of third bridges are formed on both sides of the third pattern portion with respect to the reference line passing through the center of the first pattern portion, and
wherein an innermost gap between the pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of third bridges located at the third pattern portion.
12. The electric heater of claim 8,
wherein a gap between a pair of third bridges is set to be proportional to a potential difference between the pair of third bridges.
40. (Previously Presented) The cooking appliance of claim 37,
wherein the plane heating element further includes:
a third pattern portion surrounding at least a portion of the second pattern portion and including a start point and an end point,
wherein the third pattern portion includes:
a plurality of third tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of second tracks and are formed to have a length increasing from an innermost side to the outermost side of the third pattern portion, and
a plurality of third bridges connecting the plurality of third tracks in series,
wherein the plurality of third bridges is formed on both sides of the third pattern portion with respect to the reference line passing through the center of the first pattern portion, and
wherein a gap between a pair of third bridges is set to be proportional to a potential difference between the pair of third bridges.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 21-22, 24, 26-27 and 29-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the second embodiment in Fig. 2 of Meindl et al. (WO 2007131852) hereinafter Meindl.
Regarding claim 21, Meindl discloses, in Fig. 2, an electric heater (18, “radiation heater”) comprising:
a substrate (“cooking plate made of glass ceramic”, Meindl (translation), p. 2, lns. 27-28); and
a plane heating element (2, 3, 4, “heating areas”) disposed on one surface of the substrate (the examiner interprets “The radiant heater … is … covered with a cooking plate,” Meindl (translation), p. 2, lns. 27-28, as the heating areas of the radiant heater is disposed on a surface of the cooking plate, which is “one surface of the substrate”), wherein the plane heating element (2, 3, 4) includes:
a pattern portion (annotated Fig. 2: “pattern portion”) including a start point and an end point (annotated Fig. 2: “start point”, “end point”),
wherein the pattern portion (“pattern portion”) includes:
a plurality of tracks (annotated Fig. 2: “tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the pattern portion (the configuration is shown in Fig. 2), and
a plurality of bridges (annotated Fig. 2: “bridges”) connecting the plurality of tracks (“tracks”) in series (the configuration is shown in Fig. 2),
wherein the plurality of bridges (“bridges”) are formed on both sides with respect to a reference line (B/L, annotated Fig. 2) passing through a center of the pattern portion (shown in annotated Fig. 2), the plurality of bridges including pairs of bridges facing each other (annotated Fig. 2 shows the bridges formed on both sides of a reference line B/L passing through the center of the pattern portion, with pairs of bridges facing each other),
wherein a gap (Gb, annotated Fig. 2) between a pair of bridges (“bridges”) is set to be proportional to a potential difference between the pair of bridges (“bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026), and
wherein a gap between a pair of bridges with small potential differences is smaller than a gap between a pair of bridges with large potential differences (annotated Fig. 2, Detail A, shows gaps progressively widening moving outward, Gb1 < Gb2 < Gb3; for the same official notice reasons above, the examiner interprets the progressively wider gaps as corresponding to a progressively larger potential difference moving outward) , and
wherein a gap between a pair of bridges located at the innermost side of the pattern portion is narrower than a gap between a pair of bridges located at the outermost side of the pattern portion (the pattern portion, broadly construed to encompass the full concentric arrangement shown in Fig. 2, has a gap (Gb1) at its innermost side that is narrower than the gap (Gb3) at its outermost side, per the same Gb1 < Gb2 < Gb3 progression shown in annotated Fig. 2, Detail A).
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Fig. 2 of Meindl, annotated
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Fig. 2 of Meindl, annotated (Detail A)
Regarding claim 22, Meindl discloses, in Fig. 2, the electric heater (18) of claim 21, wherein the plurality of bridges (“bridges”) has an arc shape with a predetermined width (annotated Fig. 2 shows the bridges being arc-shaped, and the width is predetermined since they are manufactured to have a fixed width).
Regarding claim 24, which is a dependent claim of claim 21, Meindl discloses, in Fig. 2,
the electric heater (18) of claim 21, wherein a gap (Gp1, annotated Fig. 2) between the start point (S1, annotated Fig. 2) and the end point (E1, annotated Fig. 2) is greater than a gap (Gb1, annotated Fig. 2) between a pair of bridges (annotated Fig. 2) adjacent (annotated Fig. 2) to the start point (S1) and the end point (E1) (annotated Fig. 2 shows Gp1 is greater than Gb1).
Regarding claim 26, Meindl discloses, in Fig. 2,
an electric heater (18, “radiation heater”) comprising:
a substrate (“cooking plate made of glass ceramic”, Meindl (translation), p. 2, lns. 27-28); and
a plane heating element (2, 3, 4, “heating areas”) disposed on one surface of the substrate (the examiner interprets “The radiant heater … is … covered with a cooking plate,” Meindl (translation), p. 2, lns. 27-28, as the heating areas of the radiant heater is disposed on a bottom surface of the cooking plate, which is “one surface of the substrate”),
wherein the plane heating element (2, 3, 4) includes:
a first pattern portion (annotated Fig. 2: “first pattern portion”) including a start point (annotated Fig. 2: S1, “start point”) and an end point (annotated Fig. 2: E1, “end point”), and
a second pattern portion (annotated Fig. 2: “second pattern portion”) surrounding at least a portion (the configuration shown in Fig. 2) of the first pattern portion (“first pattern portion”) and including a start point (annotated Fig. 2: S2, “start point”) and an end point (annotated Fig. 2: E2, “end point”),
wherein the first pattern portion (“first pattern portion”) includes:
a plurality of first tracks (annotated Fig. 2: “first tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side (the configuration is shown in Fig. 2) of the first pattern portion (“first pattern portion”), and
a plurality of first bridges (annotated Fig. 2: “first bridges”) connecting the plurality of first tracks in series (the configuration shown in annotated Fig. 2), wherein the second pattern portion (annotated Fig. 2: “second pattern portion”) includes:
a plurality of second tracks (annotated Fig. 2: “second tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other at an outside of the plurality of first tracks (“first tracks”) and are formed to have a length increasing from an innermost side to an outermost side of the second pattern portion (“second pattern portion”) (the configuration of the second tracks is shown in Fig. 2), and
a plurality of second bridges (annotated Fig. 2: “second bridges”) connecting the plurality of second tracks (“second tracks”) in series (the configuration of second tracks and bridges is shown in Fig. 2), and
wherein the plurality of first and second bridges (“first bridges” and “second bridges”) are formed on both sides of the respective first pattern portion (“first pattern portion”) and the second pattern portion (“second pattern portion”) with respect to a reference line (B/L) passing through a center of the first pattern portion (shown in annotated Fig. 2), and the plurality of first bridges including pairs of first bridges facing each other and the plurality of second bridges including pairs of second bridges facing each other (annotated Fig. 2 shows the first and second bridges formed on both sides of a reference line B/L passing through the center of the first pattern portion, with pairs of first bridges facing each other and pairs of second bridges facing each other), and
wherein a gap (Gb1, annotated Fig. 2) between a first pair of bridges (“first bridges”) is set to be proportional to a potential difference between the pair of first bridges (“first bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026).
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion (annotated Fig. 2 shows a gap (Gb1) at the innermost side of the first pattern portion, and, given the same progressively-increasing gap structure shown throughout annotated Fig. 2 and Detail A (Gb1 < Gb2 < Gb3), the innermost first pattern portion gap is narrower than the outermost first pattern portion gap; for the same official notice reasons above, the examiner interprets the progressively wider gaps moving outward as corresponding to a progressively larger potential difference moving outward).
Regarding claim 27, which is a dependent claim of claim 26, Meindl discloses, in Fig. 2, a gap (Gb2, annotated Fig. 2) between a pair of second bridges (“second bridges”) is set to be proportional to a potential difference between the pair of second bridges (“second bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026).
Regarding claim 28,
Regarding claim 29, which is a dependent claim of claim 26, Meindl discloses, in Fig. 2, the electric heater (18) of claim 26, wherein a gap (Gp1, annotated Fig. 2) between the start point (S1, annotated Fig. 2) and the end point (E1, annotated Fig. 2) of the first pattern portion (“first pattern portion,” annotated Fig. 2) is greater than a gap (Gb1, annotated Fig. 2) between a pair of first bridges (“first bridges,” annotated Fig. 2) adjacent (annotated Fig. 2) to the start point (S1) and the end point (E1) of the first pattern portion (annotated Fig. 2) (annotated Fig. 2 shows Gp1 is greater than Gb1).
Regarding claim 30, which is a dependent claim of claim 26, Meindl discloses, in Fig. 2, the electric heater (18) of claim 26, wherein a gap (Gp2, annotated Fig. 2) between the start point (S2, annotated Fig. 2) and the end point (E2, annotated Fig. 2) of the second pattern portion (“second pattern portion,” annotated Fig. 2) is narrower than a gap (Gb2, annotated Fig. 2) between a pair of second bridges (annotated Fig. 2) adjacent (annotated Fig. 2) to the start point (S2) and the end point (E2) of the second pattern portion (annotated Fig. 2) (annotated Fig. 2 shows Gp2 is narrower than Gb2).
Regarding claim 31, which is a dependent claim of claim 26, Meindl discloses, in Fig. 2, the electric heater (18) of claim 26, wherein a gap (Gp2, annotated Fig. 2) between the start point (S2, annotated Fig. 2) and the end point (E2, annotated Fig. 2) of the second pattern portion (annotated Fig. 2) is greater than a gap (Gb1) between a pair of first bridges (annotated Fig. 2) (annotated Fig. 2 shows Gp2 is greater than Gb1).
Regarding claim 32, which is a dependent claim of claim 26, Meindl discloses, in Fig. 2, the plane heating element (2, 3, 4) further includes:
a third pattern portion (“third pattern portion”, annotated Fig. 2) surrounding at least a portion of (the configuration is shown in annotated Fig. 2) the second pattern portion (“second pattern portion”) and including a start point (S3, “start point”, annotated Fig. 2) and an end point (E3, “end point”, annotated Fig. 2),
wherein the third pattern portion (“third pattern portion”) includes:
a plurality of third tracks (“third tracks”, annotated Fig. 2) having an arc shape, which are spaced apart from each other (the configuration is shown in Fig. 2) at an outside of (the arrangement is shown in Fig. 2) the plurality of second tracks (“second tracks”) and are formed to have a length increasing from an innermost side to an outermost side of (the configuration shown in Fig. 2) the third pattern portion (“third pattern portion”), and
a plurality of third bridges (“third bridges”, annotated Fig. 2) connecting the plurality of third tracks (“third tracks”, annotated Fig. 2) in series (the configuration shown in Fig. 2),
wherein the plurality of third bridges (“third bridges”) is formed on both sides of (the arrangement shown in Fig. 2) the third pattern portion (“third pattern portion”) with respect to the reference line (B/L) passing through the center of (shown in Fig. 2) the first pattern portion (“first pattern portion”), and
wherein a gap (Gb3, annotated Fig. 2) between a pair of third bridges (“third bridges”) is set to be proportional to a potential difference between the pair of third bridges (“third bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026).
Regarding claim 33, Meindl discloses, in Fig. 2, the electric heater (18) of claim 32, wherein an innermost gap (Gb1) between the pair of first bridges (“first bridges”) located at the innermost side of (Fig. 2) the first pattern portion (“first pattern portion”) is narrower than (the relationship between Gb1 and Gb3 is shown in annotated Fig. 2, satisfying the limitation) a gap (Gb3) between a pair of third bridges (“third bridges”) located at the third pattern portion (“third pattern portion”).
Regarding claim 34, Meindl discloses, in Fig. 2, the electric heater (18) of claim 32, wherein the plurality of third bridges (“third bridges”) have an arc shape with a predetermined width (the configuration shown in annotated Fig. 2).
Regarding claim 35, Meindl discloses, in Fig. 2, the electric heater (18) of claim 32, wherein the gap (Gb2) between the pair of second bridges (“second bridges”) is wider than (the relationship between Gb2 and Gb3 is shown in annotated Fig. 2, satisfying the limitation) the gap (Gb3) between the pair of third bridges (“third bridges”).
Regarding claim 36, which is a dependent claim of claim 32, Meindl discloses, in Fig. 2, the electric heater (18) of claim 32, wherein a gap (Gp3) between the start point (S3, annotated Fig. 2) and the end point (E3, annotated Fig. 2) of the third pattern portion (annotated Fig. 2) is narrower or greater than the gap (Gb3, annotated Fig. 2) between the pair of the third bridges (annotated Fig. 2) (annotated Fig. 2 shows Gp3 which is narrower of greater than Gb3).
Claims 21 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the first embodiment in Fig. 1 of Meindl et al. (WO 2007131852) hereinafter Meindl.
Regarding claim 21, Meindl discloses, in Fig. 1, an electric heater (1, “radiation heater”) comprising:
a substrate (“cooking plate made of glass ceramic”, Meindl (translation), p. 2, lns. 27-28); and
a plane heating element (2, 3, 4, “heating areas”) disposed on one surface of the substrate (the examiner interprets “The radiant heater … is … covered with a cooking plate,” Meindl (translation), p. 2, lns. 27-28, as the heating areas of the radiant heater is disposed on a surface of the cooking plate, which is “one surface of the substrate”), wherein the plane heating element (2, 3, 4) includes:
a pattern portion (annotated Fig. 1: “pattern portion”) including a start point and an end point (annotated Fig. 1: “start point”, “end point”), wherein the pattern portion (“pattern portion”) includes:
a plurality of tracks (annotated Fig. 1: “tracks”) having an arc shape (shown in Fig. 1), which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the pattern portion (the configuration is shown in Fig. 1), and
a plurality of bridges (annotated Fig. 1: “bridges”) connecting the plurality of tracks (“tracks”) in series (the configuration is shown in Fig. 1),
wherein the plurality of bridges (“bridges”) are formed on both sides with respect to a reference line (I2) passing through a center of the pattern portion (shown in annotated Fig. 1), the plurality of bridges including pairs of bridges facing each other (annotated Fig. 1 shows the bridges formed on both sides of a reference line I2 passing through the center of the pattern portion, with pairs of bridges facing each other),
wherein a gap (Gb or “gap”, annotated Fig. 1) between a pair of bridges (“bridges”) is set to be proportional to a potential difference between the pair of bridges (“bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026).
wherein a gap between a pair of bridges with small potential differences is smaller than a gap between a pair of bridges with large potential differences (annotated Fig. 1, Detail B, shows a first gap (“1st gap”) nearer the innermost side that is narrower than a second gap (“2nd gap”) nearer the outermost side; for the same official notice reasons above, the examiner interprets the wider second gap as corresponding to a larger potential difference than the narrower first gap) , and
wherein a gap between a pair of bridges located at the innermost side of the pattern portion is narrower than a gap between a pair of bridges located at the outermost side of the pattern portion (annotated Fig. 1, Detail B, shows the first gap, between a pair of bridges nearer the innermost side, as narrower than the second gap, between a pair of bridges nearer the outermost side).
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Fig. 1 of Meindl, annotated
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Fig. 1 of Meindl, annotated (Detail B)
Regarding claim 23,
Regarding claim 25, Meindl discloses, in Fig. 1, the electric heater (1) of claim 21, wherein an innermost gap (“1st gap”) between a pair of bridges located at the innermost side of the pattern portion (annotated Fig. 1) and facing each other about the reference line (I2) is configured to be shorter than (the relationship is shown in annotated Fig. 1) an outermost gap (“2nd gap”) between another pair of bridges located at the outermost side of (annotated Fig. 1) the pattern portion (Fig. 1) and facing each other about the reference line (I2).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 37 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Visher et al. (US 20150334785) hereinafter Visher, in view of the first embodiment in Fig. 1 of Meindl et al. (WO 2007131852) hereinafter Meindl.
Regarding claim 37, Visher teaches, a cooking appliance (Fig. 1: 100, “cooking system”) comprising:
a case (Fig. 1: 110, “housing”) forming an outer appearance (shown in Fig. 1);
a display (Fig. 3A: 300, “display”);
an input unit (Fig. 3A: 120, “user-interface”; paragraph 31: “The user-interface 120 includes a combination of digital and analog input… and a plurality of user-input mechanisms”);
a power supply (Fig. 2: 220, “power supply module”);
an electric heater provided on the case (paragraph 20: “cooking system 100 includes a heating element… located beneath the cooking area 105 within the housing 110”); and
a controller (Fig. 2: 200, “controller”) for controlling the electric heater, the power supply (paragraph 23: “The controller 200 … controls the cooking area…, setting an operating temperature, an operating power level, and an operating time”; paragraph 20: “a heating element… located beneath the cooking area 105”; the examiner interprets what paragraph 20 and 23 teaches as the controller controls the electric heater and the power supply), and the display (300) according to an input (Fig. 3A: 305 “user-input mechanisms”) from the input unit (120) (paragraph 30: “The user-interface 120 is communicatively connected to the controller 200”).
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Fig. 1 of Visher
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Fig. 2 of Visher
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Fig. 3A of Visher
Regarding claim 37, Visher does not explicitly teach, the electric heater includes:
a substrate; and
a plane heating element disposed on one surface of the substrate,
wherein the plane heating element includes:
a first pattern portion including a start point and an end point, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point,
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and the plurality of first bridges including pairs of first bridges is facing each other and the plurality of second bridges including pairs of second bridges is facing each other, and
wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges, and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and
wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion.
However, Meindl teaches, in Fig. 1, an electric heater (1, “radiation heater”) includes:
a substrate (“cooking plate made of glass ceramic”, Meindl (translation), p. 2, lns. 27-28); and
a plane heating element (2, 3, 4, “heating areas”) disposed on one surface of the substrate (the examiner interprets “The radiant heater … is … covered with a cooking plate,” Meindl (translation), p. 2, lns. 27-28, as the heating areas of the radiant heater is disposed on a bottom surface of the cooking plate, which is “one surface of the substrate”),
wherein the plane heating element (2, 3, 4) includes:
a first pattern portion (annotated Fig. 1: “first pattern portion”) including a start point (annotated Fig. 1: S11, “start point”) and an end point (annotated Fig. 1: E11, “end point”), and
a second pattern portion (annotated Fig. 1: “second pattern portion”) surrounding at least a portion (the configuration shown in Fig. 1) of the first pattern portion (“first pattern portion”) and including a start point (annotated Fig. 1: S22, “start point”) and an end point (annotated Fig. 2: E22, “end point”),
wherein the first pattern portion (“first pattern portion”) includes:
a plurality of first tracks (annotated Fig. 1: “first tracks”) having an arc shape (shown in Fig. 1), which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side (the configuration is shown in Fig. 1) of the first pattern portion (“first pattern portion”), and
a plurality of first bridges (annotated Fig. 1: “first bridges”) connecting the plurality of first tracks in series (the configuration shown in annotated Fig. 1),
wherein the second pattern portion (“second pattern portion”) includes:
a plurality of second tracks (annotated Fig. 1: “second tracks”) having an arc shape (shown in Fig. 1), which are spaced apart from each other at an outside of the plurality of first tracks (“first tracks”) and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion (“second pattern portion”) (the configuration of the second tracks is shown in Fig. 1), and
a plurality of second bridges (annotated Fig. 1: “second bridges”) connecting the plurality of second tracks (“second tracks”) in series (the configuration of second tracks and bridges is shown in Fig. 1), and
wherein the plurality of first and second bridges (“first bridges” and “second bridges”) are formed on both sides of the respective first pattern portion (“first pattern portion”) and the second pattern portion (“second pattern portion”) with respect to a reference line (I2) passing through a center of the first pattern portion (shown in annotated Fig. 1), and the plurality of first bridges including pairs of first bridges is facing each other and the plurality of second bridges including pairs of second bridges is facing each other (annotated Fig. 1 shows the first and second bridges formed on both sides of a reference line I2 through the center of the first pattern portion, with pairs of first bridges facing each other and pairs of second bridges facing each other), and
wherein a gap (Gb11, annotated in Fig. 1) between a pair of first bridges (“first bridges”) is set to be proportional to a potential difference between the pair of first bridges (“first bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026), and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion (annotated Fig. 1, Detail B, shows a first gap (“1st gap”) nearer the innermost side of the first pattern portion that is narrower than a second gap (“2nd gap”) nearer the outermost side; for the same official notice reasons above, the wider second gap is interpreted as corresponding to a larger potential difference than the narrower first gap).
Visher and Meindl are considered to be analogous to the claimed invention because they all are in the same field of electric heating elements for cooking appliances. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the electric heater as taught by Meindl in the cooking system of Visher, for the purpose of providing “improved control of heating areas for radiant heaters, which is suitable for relatively compact and easy to install radiators.” Meindl (translation), p. 1, lns. 43-44.
Regarding claim 38, Visher in view of Meindl teaches, in Fig. 1 of Meindl, the cooking appliance (100, Visher) of claim 37, wherein a gap (Gb12, annotated Fig. 1) between a pair of second bridges (“2nd bridges”, annotated Fig. 1) is set to be proportional to a potential difference between the pair of second bridges (“2nd bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026).
Regarding claim 39, .
Claims 37 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Visher et al. (US 20150334785) hereinafter Visher, in view of the second embodiment in Fig. 2 of Meindl et al. (WO 2007131852) hereinafter Meindl.
Regarding claim 37, Visher teaches, a cooking appliance (Fig. 1: 100, “cooking system”) comprising:
a case (Fig. 1: 110, “housing”) forming an outer appearance (shown in Fig. 1);
a display (Fig. 3A: 300, “display”);
an input unit (Fig. 3A: 120, “user-interface”; paragraph 31: “The user-interface 120 includes a combination of digital and analog input… and a plurality of user-input mechanisms”);
a power supply (Fig. 2: 220, “power supply module”);
an electric heater provided on the case (paragraph 20: “cooking system 100 includes a heating element… located beneath the cooking area 105 within the housing 110”); and
a controller (Fig. 2: 200, “controller”) for controlling the electric heater, the power supply (paragraph 23: “The controller 200 … controls the cooking area…, setting an operating temperature, an operating power level, and an operating time”; paragraph 20: “a heating element… located beneath the cooking area 105”; the examiner interprets what paragraph 20 and 23 teaches as the controller controls the electric heater and the power supply), and the display (300) according to an input (Fig. 3A: 305 “user-input mechanisms”) from the input unit (120) (paragraph 30: “The user-interface 120 is communicatively connected to the controller 200”).
Regarding claim 37, Visher does not explicitly teach, the electric heater includes:
a substrate; and
a plane heating element disposed on one surface of the substrate,
wherein the plane heating element includes:
a first pattern portion including a start point and an end point, and
a second pattern portion surrounding at least a portion of the first pattern portion and including a start point and an end point,
wherein the first pattern portion includes:
a plurality of first tracks having an arc shape, which are spaced apart from each other and are formed to have a length increasing from an innermost side to an outermost side of the first pattern portion, and
a plurality of first bridges connecting the plurality of first tracks in series,
wherein the second pattern portion includes:
a plurality of second tracks having an arc shape, which are spaced apart from each other at an outside of the plurality of first tracks and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion, and
a plurality of second bridges connecting the plurality of second tracks in series, and
wherein the plurality of first and second bridges are formed on both sides of the respective first pattern portion and the second pattern portion with respect to a reference line passing through a center of the first pattern portion, and the plurality of first bridges including pairs of first bridges is facing each other and the plurality of second bridges including pairs of second bridges is facing each other, and
wherein a gap between a pair of first bridges is set to be proportional to a potential difference between the pair of first bridges, and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and
wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion.
However, Meindl teaches, in Fig. 2,
the electric heater (18, “radiation heater”) includes:
a substrate (“cooking plate made of glass ceramic”, Meindl (translation), p. 2, lns. 27-28); and
a plane heating element (2, 3, 4, “heating areas”) disposed on one surface of the substrate (the examiner interprets “The radiant heater … is … covered with a cooking plate,” Meindl (translation), p. 2, lns. 27-28, as the heating areas of the radiant heater is disposed on a bottom surface of the cooking plate, which is “one surface of the substrate”),
wherein the plane heating element (2, 3, 4) includes:
a first pattern portion (annotated Fig. 2: “first pattern portion”) including a start point (annotated Fig. 2: S1, “start point”) and an end point (annotated Fig. 2: E1, “end point”), and
a second pattern portion (annotated Fig. 2: “second pattern portion”) surrounding at least a portion (the configuration shown in Fig. 2) of the first pattern portion (“first pattern portion”) and including a start point (annotated Fig. 2: S2, “start point”) and an end point (annotated Fig. 2: E2, “end point”),
wherein the first pattern portion (“first pattern portion”) includes:
a plurality of first tracks (annotated Fig. 2: “first tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other and are formed to have a length increasing from an innermost side to the outermost side (the configuration is shown in Fig. 2) of the first pattern portion (“first pattern portion”), and
a plurality of first bridges (annotated Fig. 2: “first bridges”) connecting the plurality of first tracks in series (the configuration shown in annotated Fig. 2),
wherein the second pattern portion (“second pattern portion”) includes:
a plurality of second tracks (annotated Fig. 2: “second tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other at an outside of the plurality of first tracks (“first tracks”) and are formed to have a length increasing from the innermost side to an outermost side of the second pattern portion (“second pattern portion”) (the configuration of the second tracks is shown in Fig. 2), and
a plurality of second bridges (annotated Fig. 2: “second bridges”) connecting the plurality of second tracks (“second tracks”) in series (the configuration of second tracks and bridges is shown in Fig. 2), and
wherein the plurality of first and second bridges (“first bridges” and “second bridges”) are formed on both sides of the respective first pattern portion (“first pattern portion”) and the second pattern portion (“second pattern portion”) with respect to a reference line (B/L) passing through a center of the first pattern portion (shown in annotated Fig. 2), and the plurality of first bridges including pairs of first bridges is facing each other and the plurality of second bridges including pairs of second bridges is facing each other (annotated Fig. 2, same mapping as claim 26), and
wherein a gap (Gb1, annotated Fig. 2) between a pair of first bridges (“first bridges”) is set to be proportional to a potential difference between the pair of first bridges (“first bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026), and
wherein a gap between a pair of first bridges with small potential differences is configured to be smaller than a gap between a pair of first bridges with large potential differences, and wherein a gap between a pair of first bridges located at the innermost side of the first pattern portion is narrower than a gap between a pair of first bridges located at the outermost side of the first pattern portion (annotated Fig. 2, Detail A, shows Gb1 < Gb2 < Gb3; the innermost first pattern portion gap Gb1 is narrower than the outermost, and the progressively wider gaps moving outward are interpreted, per official notice above, as corresponding to a progressively larger potential difference moving outward).
Visher and Meindl are considered to be analogous to the claimed invention because they all are in the same field of electric heating elements for cooking appliances. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the electric heater as taught by Meindl in the cooking system of Visher, for the purpose of providing “improved control of heating areas for radiant heaters, which is suitable for relatively compact and easy to install radiators.” Meindl (translation), p. 1, lns. 43-44.
Regarding claim 40, Visher in view of Meindl, in Fig. 2 of Meindl, the cooking appliance (100, Visher) of claim 37, wherein the plane heating element (2, 3, 4) further includes:
a third pattern portion (annotated Fig. 2: “third pattern portion”) surrounding at least a portion of the second pattern portion (“second pattern portion”) and including a start point (annotated Fig. 2: S3, “start point”) and an end point (annotated Fig. 2: E3, “end point”),
wherein the third pattern portion (“third pattern portion”) includes:
a plurality of third tracks (annotated Fig. 2: “third tracks”) having an arc shape (shown in Fig. 2), which are spaced apart from each other at an outside of (the arrangement shown in Fig. 2) the plurality of second tracks (“second tracks”) and are formed to have a length increasing from an innermost side to the outermost side of the third pattern portion (“third pattern portion”) (the configuration shown in Fig. 2), and
a plurality of third bridges (annotated Fig. 2: “third bridges”) connecting the plurality of third tracks (“third tracks”) in series (the configuration shown in Fig. 2),
wherein the plurality of third bridges (“third bridges”) is formed on both sides of (annotated Fig. 2) the third pattern portion (“third pattern portion”) with respect to the reference line (B/L) passing through the center of (annotated Fig. 2) the first pattern portion (“first pattern portion”), and
wherein a gap (Gb3, annotated Fig. 2) between a pair of third bridges (“third bridges”) is set to be proportional to a potential difference between the pair of third bridges (“third bridges”) (It is known that “[s]pacing between conductors… is determined by the potential difference between the conductors… to prevent electrical arcing and ensure safety.” Since the plurality of bridges are conductors, the examiner interprets what is known as what is recited in this limitation; https://www.bing.com/search?q=is+spacing+between+conductors+is+determined+based+on%2C+or+increases+with+potential+difference%3F&cvid=767aa9aa0a9d407091783172d6a580ca&gs_lcrp=EgRlZGdlKgYIABBFGDkyBggAEEUYOTIICAEQ6QcY_FXSAQkzMjU4M2owajmoAgiwAgE&FORM=ANAB01&PC=U531, accessed 3/25/2026)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JE HWAN JOHN PARK whose telephone number is (571)272-6405. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/J.J.P./Examiner, Art Unit 3761
/ERWIN J WUNDERLICH/Primary Examiner, Art Unit 3761
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