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 .
DETAILED ACTION
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).
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11739942 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims.
Instant
Claim 21
US 11739942 B2
Claim 1
A cooking apparatus, comprising:
A modular cooking apparatus, comprising:
a housing having a single power connection for receiving three-phase electrical power;
a housing having a first interchangeable cooking module, a second interchangeable cooking module, and a single power connection for receiving three-phase electrical power from a wall outlet;
a first oven contained within said housing, said first oven having a base load and at least one boost load;
a first oven contained within said first interchangeable cooking module, said first oven having a base load and at least one boost load;
a second oven contained within said housing, said second oven having a base load and at least one boost load;
a second oven contained within said second interchangeable cooking module, wherein said second oven is a different oven type from said first oven, said second oven having a base load and at least one boost load;
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven; and
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven; and
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven;
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven or to said boost load of said second oven;
wherein said cooking apparatus is configured such that either said first multiplexor or said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven
wherein said modular cooking apparatus is configured such that either said first multiplexor or said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven
Instant
Claim 22
US 11739942 B2
Claim 2
wherein said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven when said first multiplexor directs electrical power from said first phase pair to said base load of said first oven
wherein said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven when said first multiplexor directs electrical power from said first phase pair to said base load of said first oven
Instant
Claim 23
US 11739942 B2
Claim 3
wherein said first multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven when said first multiplexor does not direct electrical power from said first phase pair to said base load of said first oven
wherein said first multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven when said first multiplexor does not direct electrical power from said first phase pair to said base load of said first oven
Instant
Claim 24
US 11739942 B2
Claim 4
further comprising a logic gate having a first input coupled to said first multiplexor, a second input coupled to said second multiplexor, and an output coupled to said at least one boost load of said first oven
further comprising a logic gate having a first input coupled to said first multiplexor, a second input coupled to said second multiplexor, and an output coupled to said at least one boost load of said first oven
Instant
Claim 25
US 11739942 B2
Claim 5
wherein said logic gate comprises an OR gate
wherein said logic gate comprises an OR gate
Instant
Claim 26
US 11739942 B2
Claim 6
wherein said first oven comprises a hot air oven having at least one magnetron
wherein said first oven comprises a hot air oven having at least one magnetron
Instant
Claim 27
US 11739942 B2
Claim 7
wherein said base load comprises said at least one magnetron
wherein said base load comprises said at least one magnetron
Instant
Claim 28
US 11739942 B2
Claim 8
wherein said at least one boost load comprises a boost heater
wherein said at least one boost load comprises a boost heater
Instant
Claim 29
US 11739942 B2
Claim 9
wherein said boost heater is turned on when said hot air oven having at least one magnetron is cooking a food item using said at least one magnetron
wherein said boost heater is turned on when said hot air oven having at least one magnetron is cooking a food item using said at least one magnetron
Instant
Claim 30
US 11739942 B2
Claim 10
wherein said at least one boost heater is turned on when said hot air oven having at least one magnetron is not cooking a food item using said at least one magnetron
wherein said at least one boost heater is turned on when said hot air oven having at least one magnetron is not cooking a food item using said at least one magnetron
Instant
Claim 31
US 11739942 B2
Claim 11
wherein said first oven includes a control module and said first multiplexor is included in said control module
wherein said first oven includes a control module and said first multiplexor is included in said control module
Instant
Claim 32
US 11739942 B2
Claim 12
further comprising a common control board and said second multiplexor is included in said common control board
further comprising a common control board and said second multiplexor is included in said common control board
Instant
Claim 33
US 11739942 B2
Claim 13
wherein said base load and said at least one boost load of said second oven are both assigned to a second phase pair of said three-phase electrical power
wherein said base load and said at least one boost load of said second oven are both assigned to a second phase pair of said three-phase electrical power
Instant
Claim 34
US 11739942 B2
Claim 14
said housing further comprises a third oven having a base load and at least one boost load; and
said housing further comprises a third interchangeable cooking module which contains a third oven having a base load and at least one boost load; and
said base load and said at least one boost load of said third oven are both assigned to a third phase pair of said three-phase electrical power
said base load and said at least one boost load of said third oven are both assigned to a third phase pair of said three-phase electrical power
Instant
Claim 35
US 11739942 B2
Claim 15
A cooking apparatus, comprising:
A modular cooking apparatus, comprising:
a housing having a single power connection for receiving three-phase electrical power;
a housing having a first interchangeable cooking module, a second interchangeable cooking module, and a single power connection for receiving three-phase electrical power from a wall outlet;
a first oven contained within said housing, said first oven having a base load and at least one boost load;
a first oven contained within said first interchangeable cooking module, said first oven having a base load and at least one boost load;
a second oven contained within said housing, said second oven having a base load and at least one boost load;
a second oven contained within said second interchangeable cooking module, wherein said second oven is a different oven type from said first oven, said second oven having a base load and at least one boost load;
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven; and
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven; and
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven;
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven or to said at least one boost load of said second oven;
wherein said cooking apparatus is configured such that it can turn on said at least one boost load of said first oven using electrical power from said first phase pair regardless of whether electrical power from said first phase pair is being used to turn on said base load of said first oven
wherein said modular cooking apparatus is configured such that it can turn on said at least one boost load of said first oven using electrical power from said first phase pair regardless of whether electrical power from said first phase pair is being used to turn on said base load of said first oven
Instant
Claim 36
US 11739942 B2
Claim 16
wherein said first oven comprises a hot air oven having at least one magnetron
wherein said first oven comprises a hot air oven having at least one magnetron
Instant
Claim 37
US 11739942 B2
Claim 17
wherein said base load comprises said at least one magnetron
wherein said base load comprises said at least one magnetron
Instant
Claim 38
US 11739942 B2
Claim 18
wherein said at least one boost load comprises a boost heater
wherein said at least one boost load comprises a boost heater
Instant
Claim 39
US 11739942 B2
Claim 19
wherein said at least one boost heater is turned on when said hot air oven having at least one magnetron is cooking a food item using said at least one magnetron
wherein said at least one boost heater is turned on when said hot air oven having at least one magnetron is cooking a food item using said at least one magnetron
Instant
Claim 40
US 11739942 B2
Claim 20
said at least one magnetron is turned off; and
said at least one magnetron is turned off; and
said at least one boost heater is turned on and provides said base load for said hot air oven having at least one magnetron
said at least one boost heater is turned on and provides said base load for said hot air oven having at least one magnetron
Allowable Subject Matter
Claims 21-40 are rejected under double patenting, but are otherwise allowable in view of the prior art. The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art to claim 21 is Dobie (US 3619536 A) and Boehm (US 3619536 A).
Regarding claim 21, Dobie cooking apparatus, comprising:
a housing (“Oven 10 includes an exterior cabinet 12 defined by exterior side walls, exterior top and bottom walls and an exterior rear wall” column 3, line 58) having a single power connection for receiving electrical power (Figure 15);
a first oven contained within said housing (“a plurality of cooking cavities 18a” column 4, line 8), said first oven having a base load (“each cavity 18a has its own independent microwave source” column 7, line 11) and at least one boost load (“Heating rods 80 can be disposed in any suitable location. In the preferred embodiment, heat rods are placed as shown in FIG. 7 in the return air path for the oven. FIG. 7 shows just one heating rod placed between the upper and middle ducts 62 in the area between the exterior cabinet side wall and the cavity side wall 19. Preferably, a heating element is placed above each duct 62 through the openings 82 shown in FIG. 7” column 6, line 5);
a second oven contained within said housing (“a plurality of cooking cavities 18a” column 4, line 8), said second oven having a base load (“each cavity 18a has its own independent microwave source” column 7, line 11) and at least one boost load (“Heating rods 80 can be disposed in any suitable location. In the preferred embodiment, heat rods are placed as shown in FIG. 7 in the return air path for the oven. FIG. 7 shows just one heating rod placed between the upper and middle ducts 62 in the area between the exterior cabinet side wall and the cavity side wall 19. Preferably, a heating element is placed above each duct 62 through the openings 82 shown in FIG. 7” column 6, line 5).
Dobie does not disclose:
three-phase electrical power;
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven; and
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven;
wherein said cooking apparatus is configured such that either said first multiplexor or said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven.
However, Boehm teaches:
three-phase electrical power (“a three-phase power supply source 36” column 1, line 74);
a first multiplexor configured to direct electrical power from a first phase pair of said three-phase electrical power to said base load of said first oven or to said at least one boost load of said first oven (“the network 90 in one arrangement effects operation of the magnetrons 91-96 in pairs, and successively, e.g. sequential multiplexing to operate magnetrons 91, 94 for a predetermined period, then magnetrons 92, 95 for a similar period, and then magnetrons 93, 96 for a similar period, such cyclic operations being repeated so that the magnetron pairs are each operated a predetermined number of periods in a given timespan. If desired, the network 90 may include power level switching means as previously described, or means for operating the magnetrons in pairs from respective phases of the power supply” column 3, line 41).
Neither Dobie nor Boehm disclose:
a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven;
wherein said cooking apparatus is configured such that either said first multiplexor or said second multiplexor can direct electrical power from said first phase pair to said at least one boost load of said first oven.
No art was found such that further modification of Dobie and Boehm would have made claim 21 obvious. Therefore, these limitations, when combined with every other limitation of the claim, distinguish the claims from the prior art.
Claim 35 recites the limitations “a second multiplexor configured to direct electrical power from said first phase pair of said three-phase electrical power to said at least one boost load of said first oven; wherein said cooking apparatus is configured such that it can turn on said at least one boost load of said first oven using electrical power from said first phase pair regardless of whether electrical power from said first phase pair is being used to turn on said base load of said first oven” and is allowable subject matter by the same or substantially the same rationale as articulated with regards to claim 21, above.
Claims 22-34 and 36-40 are allowable subject matter at least because they depend from allowable independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Macoicz (US 2742557 A)
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Fandos (EP 2670213 A2) “a multiplex mode is conceivable in which at least two of the heating-frequency units are connected in parallel, at least temporarily. to operate one of the induction heating groups in a boost mode”
Piel (US 20160198530 A1) “two or more nodes may be realized by one physical element (and two or more signals can be multiplexed, modulated, or otherwise distinguished even though received or output at a common node)”
Carcano (US 20180152997 A1) “In an alternative embodiment, a single multiplexed generator may be employed to deliver different energy into each waveguide or to pairs of waveguides to provide energy into the cooking chamber 102”
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/LOGAN P JONES/Examiner, Art Unit 3762