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 .
Information Disclosure Statement
The Information Disclosure Statement filed on March 31, 2023 and April 18, 2023 have been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “a housing 152”, and “lip or rim 280” (Fig. 11) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
Specification
The disclosure is objected to because of the following informalities: In Par. 101 recites “user interface 346” should be changed to “user interface 348” and in Par. 109 recites “quick release exhaust valve 408” should be changed to “quick release exhaust valve 406”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “controller configured to actuate the pump …” in claims 8-11’ “an exhaust valve actuator configured to actuate the quick release exhaust valve, wherein a controller is configured to actuate the exhaust valve actuator …” in claim 14; and “the controller is configured to selectively activate the heating element …” in claim 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 14 is 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 14 recites the limitation "the controller" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 218164880) (new cited).
Regarding claim 1, Li et al. discloses a cooking appliance capable of opening cover quickly having a pressure cooker (Fig. 1), comprising: a housing (200) including an outer chamber defined by an inner wall of the housing; a crock (210) supported within the outer chamber of the housing (210), the crock (210) including at least one side wall and a bottom wall defining a cooking chamber (211); a lid (100) removably secured to the housing and configured to seal the cooking chamber (211); and a pump (410) couple to the lid (100) and in fluid communication with the cooking chamber (211), the pump (410) configured to pressurize the cooking chamber (211) during a pressure cooking operation (Fig. 1-2; Par. 23, 25 and 29-30).
Claim(s) 1-2, 4-7 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (CN 109452852) (new cited).
Regarding claim 1, Li et al. discloses a cooking appliance having a pressure cooker (100), comprising: a housing (via 10) including an outer chamber defined by an inner wall of the housing; a crock (Fig. 3, via cooking cavity 11) supported within the outer chamber of the housing (10), the crock including at least one side wall and a bottom wall defining a cooking chamber (11); a lid (20) removably secured to the housing and configured to seal the cooking chamber (11); and a pump (30) couple to the lid (20) and in fluid communication with the cooking chamber (11), the pump (30) configured to pressurize the cooking chamber (11) during a pressure cooking operation (Fig. 2, 7-8 and 14; Par. 43-44 and 54-57).
Regarding claim 2, Wu et al. discloses the pump (30) is a manual pump and the lid (20) includes one-way valve (40) through which the manual pump (30) is operably coupled to the cooking chamber (11) (Fig. 1, 7 and 9-10; Par. 63-65).
Regarding claim 4, Wu et al. discloses the manual pump (30) is mounted to the lid (20) (Fig. 7 and 14).
Regarding claim 5, Wu et al. discloses the pump (30) coupled to the lid (20), and the lid (20) includes a pump port (mounting hole 54) to which the pump (40) is coupled when pressurizing the cooking chamber (11) (Fig. 7, 11 and 14; Par. 99).
Regarding claims 6-7, Wu discloses the pump (30) comprises a piston pump (Fig. 1, Par. 99, piston rod 32), or an electromechanical pump (Fig. 2).
Regarding claim 15, Wu et al. discloses a pressure cooker(100), comprising: a housing (via 10) including an outer chamber defined by an interior wall of the housing; a crock (Fig. 3, via cooking cavity 11) within the outer chamber of the housing (10), the crock including at least one side wall and a bottom wall defining a cooking chamber (11); a lid (20) removably secured to the housing (10) and configured to seal the cooking chamber (11); and a port (Fig. 11, mounting whole 54) in the lid (20) and in fluid communication with the cooking chamber (11) through a one way valve (40), the port configured to removably couple with a pump (30) to enable the pump (30) to pressurize the cooking chamber during a pressure cooking session (Fig. 7-11; Par. 8-9, 44, 52 and 54-57).
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 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Caldwell (US Pat. 4,676,283) (new cited).
Regarding claim 3, Wu et al. discloses substantially all features of the claimed invention as set forth above including the manual pump (30) (Fig. 1 , 7 and 14) except the manual pump comprises a bulb pump. Caldwell discloses the use of bulb pump (96) (Fig. 1; Col. 11, Lines 11-13). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu et al., the manual pump comprises a bulb pump, as taught by Caldwell, for the purpose of suitable to the user application to use the manual pump comprises a bulb pump for pressure setting.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Luo et al. (CN 117502894) (new cited).
Regarding claim 8, Wu et al. discloses substantially all features of the claimed invention as set forth above except a controller coupled to the pump and configured to actuate the pump during the pressure cooking operation to accelerate pressurization of the cooking chamber. Luo et al. discloses a controller (4) coupled to the pump (31) and configured to actuate the pump (31) during the pressure cooking operation to accelerate pressurization of the cooking chamber (13) (Fig. 1-4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu et al., except a controller coupled to the pump and configured to actuate the pump during the pressure cooking operation to accelerate pressurization of the cooking chamber, as taught by Luo et al., controlling the air pump to work so as to reduce the air pressure in the cooking cavity to the preset air pressure range.
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Luo et al. (CN 117502894) and further view of Sanjo et al. (JP 2019-118481) (new cited).
Regarding claim 9, Wu/Luo disclose substantially all features of the claimed invention as set forth above including from Luo, the controller (4), the pump (31) (Fig. 1-4) except the pump is reversible, and the controller is further configured to actuate the pump during a depressurization portion of the pressure cooking operation to accelerate depressurization of the cooking chamber. Sanjo et al. discloses the pump (pressure reducing pump 42), and the controller (22) is further configured to actuate the pump during a depressurization portion of the pressure cooking operation to accelerate depressurization of the cooking chamber (5) (Fig. 1; Par. 27-28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu/Luo, the pump is reversible, and the controller is further configured to actuate the pump during a depressurization portion of the pressure cooking operation to accelerate depressurization of the cooking chamber, as taught by Sanjo et al., for the purpose of returning the pressure inside the inner pot/cooking chamber from a reduced pressure state to the same pressure as the outside air.
Regarding claim 13, Sanjo et al. discloses a lid controller (display/control means 48), a temperature sensor (inner pot temperature sensor 21 and the lid temperature sensor 36) in communication with the controller (Fig. 1; Par. 28).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Luo et al. (CN 117502894) and further view of Ma et al. (CN 106136873) (new cited).
Regarding claims 10-11, Wu/Luo disclose substantially all features of the claimed invention as set forth above including from Luo, controller (4) is disposed in the housing (11) , and wherein the controller (4) actuates to the pump (31) when the lid (2) is closed (Fig. 2) except the lid and the housing include cooperative electrical contacts that engage one another when the lid is secured to the housing, and wherein the controller actuates the pump using a signal communicated through the cooperative electrical contacts. Ma et al. discloses the lid (1) and the housing (2) include cooperative electrical contacts (3) that engage one another when the lid (1) is secured to the housing (2) and detecting that the lid is secured to the housing (Fig. 1-6; Par. 43 and 46-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu/Luo, the lid and the housing include cooperative electrical contacts that engage one another when the lid is secured to the housing, and wherein the controller actuates the pump using a signal communicated through the cooperative electrical contacts, as taught by Ma et al., for the purpose of detecting the lid and the body is secured to process the cooking operation.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Luo et al. (CN 117502894), Ma et al. (CN 106136873) and further view of Ye et al. (CN 211432570) (new cited).
Regarding claim 12, Wu/Luo/Ma disclose substantially all features of the claimed invention as set forth above including from Wu, the lid (20) and the pump (3); and from Ma, the wireless adapter (3) (Par. 46-47) except the lid is further includes a battery that power the pump and the wireless adapter in the lid. Ye et al. discloses the lid (100) further includes a battery (33) that power the pump (31) (Fig. 1 and 4-5; Par. 46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu/Luo/Ma, the lid further includes a battery that power the pump and the wireless adapter in the lid, as taught by Ye et al., for the purpose of providing a battery to power the pump and other components.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 109452852) in view of Sato et al. (CN 115486692) (new cited).
Regarding claim 8, Wu et al. discloses substantially all features of the claimed invention as set forth above including the lid (20), pressure relief device (60) and pressure relief valve (61) except the lid further comprises a quick release exhaust valve and an exhaust valve actuator configured to actuate the quick release exhaust valve, wherein a controller is configured to actuate the exhaust valve actuator to depressurize the cooking chamber. Sato et al. discloses the lid (2) further comprises a quick release exhaust valve (22) and an exhaust valve actuator (drive unit 24 and transmission member 25) configured to actuate the quick release exhaust valve (22), wherein a controller (12) is configured to actuate the exhaust valve actuator to depressurize the cooking chamber (via inner pot 3) (Fig. 8B; Par. 61-63). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Wu, the lid further comprises a quick release exhaust valve and an exhaust valve actuator configured to actuate the quick release exhaust valve, wherein a controller is configured to actuate the exhaust valve actuator to depressurize the cooking chamber, as taught by Sato et al., for the purpose of releasing the inner pressure/steam as selected by the user.
Claim(s) 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (CN 115486692) in view of Zhu et al. (CN 106175423) and Lande (US Pat. 6,213,007) (both new cited).
Regarding claim 16, Sato et al. discloses a heating cooker, comprising: a housing (1) including an outer chamber defining by an inner wall of the housing (1); a crock (3) supported within the outer chamber of the housing 91), the crock (3) including at least one side wall and a bottom wall defining a cooking chamber (Fig. 4); a heating element (11) coupled to the housing (1) and positioned opposite the bottom wall of the crock (3) to heat the cooking chamber (Fig. 4); a lid (2) removably secured to the housing (10; and a controller (12) coupled to the heating element (11), wherein the controller is configured to selectively activate the heating element during a pressure cooking operation (Fig. 1 and 4; Par. 39). Sato et al. does not disclose a cooling system coupled to the housing to cool the crock; a specialty lid removably secured to the housing and including an electromechanically-actuated component configured to project into the outer chamber when the specialty lid is secured to the housing; and wherein the controller configured to selectively activate the cooling system and the electromechanically-actuated component of the specialty lid during s specialty operation. Zhu et al. discloses a cooling system (5) coupled to the housing (1) to cool the crock (3); and wherein the controller configured to selectively activate the cooling system (5) (Fig. 1; Par. 44). Lande discloses a specialty lid (26) removably secured to the housing (11) and including an electromechanically-actuated component (motor 43, 44) configured to project into the outer chamber when the specialty lid (26) is secured to the housing (11); and wherein the controller (38) configured to selectively activate the electromechanically-actuated component (paddle 55 with motor 43, 44) of the specialty lid during s specialty operation (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Sato et al., a cooling system coupled to the housing to cool the crock; and wherein the controller configured to selectively activate the cooling system, as taught by Zhu et al., for the purpose of rapid cooling of the pressure cooking device; a specialty lid removably secured to the housing and including an electromechanically-actuated component configured to project into the outer chamber when the specialty lid (26) is secured to the housing; and wherein the controller configured to selectively activate the electromechanically-actuated component of the specialty lid during s specialty operation, as taught by Lande, for the purpose of providing the lid with paddle for making ice cream, yogurt and cheese.
Regarding claim 17, Lande discloses the specialty lid (26) is an ice cream maker lid, the electromechanically-actuated component includes a mixer arm (paddle 55), and the specialty operation is an ice cream making operation (Fig. 1; Abstract).
Regarding claim 18, Lande discloses the specialty lid (26) is a mixer lid, the electromechanical-actuated component includes a mixer arm (paddle 55), and the specialty operation is mixing operation (Fig. 1).
Regarding claim 20, Sato et al. discloses a pressure cooker lid (2) removably securable to the housing (1) and configured to seal the cooking chamber of the crock (3) during pressure cooking operation (Fig. 1-2; Par. 43).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (CN 115486692) in view of Zhu et al. (CN 106175423), Lande (US Pat. 6,213,007) and further view of Katsuki et al. (US Pu. 2015/0201808) (new cited).
Regarding claim 19, Sato/Zhu/Lande disclose substantially all features of the claimed invention as set forth above including from Lande, the lid (26), the electromechanically-actuated component includes the mixer arm (paddle 55) except the specialty lid is a blender lid, the electromechanically-actuated component includes a blender blade, and the specialty operation is blending operation. Katsuki et al. discloses the lid (2/51) a blender lid, the electromechanically-actuated component includes a blender blade (64), and the specialty operation is blending operation (Fig. 1; Par. 69 and 116). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Sato/Zhu/Lande, the specialty lid is a blender lid, the electromechanically-actuated component includes a blender blade, and the specialty operation is blending operation, as taught by Katsuki et al., for the purpose of having the blender blade for blending process.
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761