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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 300, 302, 304, 310, 330 and 314. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claims 7 and 15 are objected to because of the following informalities: the limitation “within the heated chamber whereby the heat shield” should read “within the heated chamber, whereby the heat shield”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the limitation “A cooking appliance defining a mutually perpendicular vertical direction, lateral direction, and traverse direction” is unclear what is being claimed, perpendicular to what? Also, what is a mutually perpendicular vertical direction? Is Applicant trying to define the cooking appliance as a three-dimensional object?
Claims 2-9 are rejected due to their dependency from claim 1.
Claim 17 recites the limitation "the same height" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claims 1, 2, 4, 5, 10 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (KR 20100009853).
Regarding claim 1, Yang teaches a cooking appliance (10) defining a mutually perpendicular vertical direction, lateral direction, and transverse direction (as shown in Fig. 8-9), the cooking appliance comprising: a cabinet (housing of cooking appliance 10); a heated chamber (S) positioned within the cabinet (as shown in Fig. 8-9), the heated chamber defined by a plurality of walls (as shown in Fig. 8-9); a heating element (130, 140) positioned within the heated chamber (as shown in Fig. 8-9), the heating element movably mounted within the heated chamber whereby the heating element is movable between a first position approximately parallel to the transverse direction (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16) and a second position approximately perpendicular to the transverse direction (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16).
Regarding claim 2, Yang teaches the cooking appliance of claim 1, wherein the heating element is adjacent one wall of the plurality of walls in the first position and is spaced apart from the one wall of the plurality of walls in the second position (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16).
Regarding claim 4, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber by a hinge (131, 141; page 9, lines 12-16).
Regarding claim 5, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber whereby the heating element rotates about the lateral direction (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16).
Regarding claim 10, Yang teaches a cooking appliance (10), comprising: a cabinet (housing of cooking appliance 10); a heated chamber (S) positioned within the cabinet (as shown in Fig. 8-9), the heated chamber defined by a plurality of walls (as shown in Fig. 8-9); a heating element (130, 140) positioned within the heated chamber (as shown in Fig. 8-9), the heating element movably mounted within the heated chamber whereby the heating element is movable between a first position adjacent one wall of the plurality of walls (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16) and a second position spaced apart from the one wall of the plurality of walls (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16).
Regarding claim 12, Yang teaches the cooking appliance of claim 10, wherein the heating element is rotatably mounted within the heated chamber by a hinge (131, 141).
Regarding claim 13, Yang teaches the cooking appliance of claim 10, wherein the heating element is rotatably mounted within the heated chamber and the first position is about ninety degrees from the second position (the upper heater 130 is rotated about an upper hinge 131 from a top position close to a top wall and a side position close to a side wall of the heated chamber S, and the lower heater 140 is rotated about a lower hinge 141 from a bottom position close to a bottom wall and a side position close to a side wall of the heated chamber; page 9, lines 12-16).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of B. Altman (US 2,934,630).
Regarding claims 3 and 11, Yang teaches all the elements of the claimed invention as set forth above, except for, further comprising a spacer mounted on the heating element, wherein the spacer is in direct contact with the one wall in the first position.
B. Altman teaches a cooking appliance (10) comprising a spacer (as shown in Fig. 1 below) mounted on the heating element (14), wherein the spacer is in direct contact with the one wall in the first position (as shown in Fig. 1 below).
[AltContent: arrow][AltContent: textbox (spacer)][AltContent: arrow]
PNG
media_image1.png
189
462
media_image1.png
Greyscale
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the cooking appliance of Yang, with B. Altman, by providing a spacer mounted in the heating element and in direct contact with the one wall in the first position, to provide support for the heating element and avoid bending/warping of the heating element.
Claims 6-9 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Regarding claim 6, Yang, in the embodiment shown in Fig. 8-9, teaches all the elements of the claimed invention as set forth above, except for, further comprising a heat shield within the heated chamber, wherein the heat shield is positioned on an opposite side of the heating element from the one wall of the plurality of walls when the heating element is in the first position.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) within the heated chamber (as shown in Fig. 3-7), wherein the heat shield is positioned on an opposite side of the heating element from the one wall of the plurality of walls when the heating element is in the first position (as shown in Fig. 2-7; page 6, lines 15-20).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Regarding claim 7, Yang teaches the cooking appliance of claim 6, wherein the heat shield is movably mounted within the heated chamber (as shown in Fig. 3-7), whereby the heat shield is movable between a third position and a fourth position (page 6, lines 15-20).
Regarding claim 8, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber by a first hinge (131, 141).
Yang, in the embodiment of Fig. 8-9, fails to disclose further comprising a heat shield movably mounted within the heated chamber by a second hinge, and wherein the first hinge is approximately parallel to the second hinge.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) movably mounted within a heated chamber (S) by a second hinge (112), and wherein the first hinge is approximately parallel to the second hinge (when view in combination with the embodiment of Fig. 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield and second hinge as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Regarding claim 9, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber by a first hinge (131, 141).
Yang, in the embodiment of Fig. 8-9, fails to disclose further comprising a heat shield movably mounted within the heated chamber by a second hinge, and wherein the first hinge is generally aligned with the second hinge along the vertical direction.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) movably mounted within the heated chamber by a second hinge (112), and wherein the first hinge is generally aligned with the second hinge along the vertical direction (when view in combination with the embodiment of Fig. 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield and second hinge as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Regarding claim 14, Yang, in the embodiment shown in Fig. 8-9, teaches all the elements of the claimed invention as set forth above, except for, further comprising a heat shield within the heated chamber, wherein the heat shield is positioned on an opposite side of the heating element from the one wall of the plurality of walls when the heating element is in the first position.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) within the heated chamber (as shown in Fig. 1-7), wherein the heat shield is positioned on an opposite side of the heating element from the one wall of the plurality of walls when the heating element is in the first position (as shown in Fig. 2-7; page 6, lines 15-20).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Regarding claim 15, Yang teaches the cooking appliance of claim 14, wherein the heat shield is movably mounted within the heated chamber (as shown in Fig. 3-7), whereby the heat shield is movable between a third position and a fourth position (page 6, lines 15-20).
Regarding claim 16, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber by a first hinge (131, 141).
Yang, in the embodiment of Fig. 8-9, fails to disclose further comprising a heat shield movably mounted within the heated chamber by a second hinge, and wherein the first hinge is approximately parallel to the second hinge.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) movably mounted within a heated chamber (S) by a second hinge (112), and wherein the first hinge is approximately parallel to the second hinge (when view in combination with the embodiment of Fig. 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield and second hinge as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Regarding claim 17, Yang teaches the cooking appliance of claim 1, wherein the heating element is rotatably mounted within the heated chamber by a first hinge (131, 141).
Yang, in the embodiment of Fig. 8-9, fails to disclose further comprising a heat shield movably mounted within the heated chamber by a second hinge, and wherein the first hinge and the second hinge are approximately the same height above the one wall of the plurality of walls.
Yang, in the embodiment shown in Fig. 1-7, teaches a cooking appliance (10) comprising a heat shield (110) movably mounted within the heated chamber by a second hinge (112), and wherein the first hinge and the second hinge are approximately the same height above the one wall of the plurality of walls (when view in combination with the embodiment of Fig. 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified the embodiment of Fig. 8-9 of the cooking appliance of Yang, with the embodiment of Fig. 1-7 of Yang, by providing a heat shield and second hinge as claimed, to protect the heating element, and for easier cleaning of the cooking appliance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2018/0092486, KR 20010055390 and EP 1058483.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 12/23/2025
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761