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
Claim Objections
The claims are replete with periods and capitalization. The claims must be in one sentence form only. 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:
device configured to detect in claim 8
throttling mechanism in claim 20.
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.
Claims 12, 18, and 20 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 12 recites the limitation "the adjustable valve.” There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the adjustable valve” will be interpreted as -the motorized modulating valve-.
Claim 18 contains the trademark/trade name “Bluetooth.” Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a particular type of short range wireless communication and, accordingly, the identification/description is indefinite.
Claim 20 recites the limitation "the throttling mechanism.” There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the throttling mechanism” will be interpreted as -a throttling mechanism-.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 12 recites “wherein the adjustable valve is selected from the group consisting essentially of ball valves, bonnet valves, butterfly valves, globe valves, and gate valves.” Claim 12 depends from claim 1 which recites “a plug valve.” The valves recited in claim 12 do not appear to be species of the genus of “plug valve.” Thus, claim 12 expands rather than narrows claim 1. Applicant may cancel the claims, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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 13 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akamatsu (US 6619613 B1), hereinafter Akamatsu.
Regarding claim 13, Akamatsu discloses a cooking system comprising:
one or a plurality of solenoid valves provided in fluid communication with a supply of flammable gas (“a main electromagnetic valve 27 common to all of the gas rings” column 8, line 48);
a plurality of motorized modulating valves provided in fluid communication with each solenoid valve (“Gas from the hose end 26 flows through the main electromagnetic valve 27 to the gas flow control units 29, 30 and 31 for the associated gas burners” column 9, line 66), wherein each motorized modulating valve comprises:
an adjustable valve that controls the amount of gas passing through the motorized modulating valve; and
an electric motor configured to adjust the position of the throttling mechanism within the adjustable valve, wherein the rate of gas flow is dependent upon the position of the throttling mechanism (“rotation of the stepping motor 34 is translated into in linear movement at the drive connecting portion 34-1 with the drive connecting shaft 33-6 moved to move the slide shutter 33-3 that is engaged with the free end of the drive connecting shaft 33-6. Since the flow control plate 33-2 is fixed in position, one hole 33a defined in an intermediate portion of the slide shutter 33-3 for the adjustment of flow of the gas is sequentially aligned with one or some of flow hole 33a defined in the gas flow control plate 33-2 to thereby change the flow of gas” column 10, line 41);
one or a plurality of burners provided in fluid communication with each motorized modulating valve disposed in underlying relation to a region of a cooking surface, defining a "cooking zone" associated with each motorized modulating valve (“a gas cooker shown therein includes a left gas ring 1 equipped with a pan-bottom temperature sensor 2, a right gas ring 3, a grill 4” column 8, line 15);
one or a plurality of ignitor modules configured to ignite gas at each burner (“pilot plug 22 to ignite” column 8, line 63);
a plurality of temperature detecting devices configured to measure the temperature of each individual "cooking zone" (“The control circuit 24 is inputted with a pan-bottom temperature detected by the pan-bottom temperature sensor 2 and a combustion temperature detected by the thermocouple 21” column 8, line 65);
a control panel (“a control panel 5” column 8, line 18) through which a user may input commands for ignition (6, 7, 8) and temperature (9-14) to each "cooking zone," extinguishment of the burner or burners corresponding to each "cooking zone," and which displays the set temperature of each "cooking zone" (15-17) and
an electronic control module provided in electronic communication with the solenoid valve or valves, motorized modulating valves, ignitor modules, temperature detecting devices, and a control panel (“a control circuit 24” column 8, line 43), wherein:
said electronic control module is capable of receiving commands from the control panel, information from the temperature detecting devices and transmitting commands to the solenoid valve or valves, motorized modulating valve or valves, and ignitor module or modules (Figure 2);
the electronic control module further comprising control logic that adjusts the gas flow rate to each "cooking zone" based on a temperature differential between a set temperature input by the user through the control panel and the measured temperature of the corresponding "cooking zone" (“The control circuit 24 is inputted with a temperature detected by the thermocouple 21 so that based on these input data and settings provided from the control panel 5, the grill burner gas flow control unit 31 can be driven and controlled to adjust the flow of gas supplied towards the grill burner 37 to thereby monitor a combustion taking place in the grill gas burner 37 based on a heating temperature 10 inputted. As can readily be understood from the structure described above, the status of combustion at each of combustion units including the left gas ring 1, the right gas ring 3 and the grill 4, respectively, can be controlled by the control circuit 24” column 9, line 53), wherein:
a) if the set temperature is higher than the measured temperature of the "cooking zone," the electronic control module increases the gas flow via the motorized modulating valve associated with the corresponding "cooking zone" until the set temperature is reached (Sensor Temperature < Preset Temperature -10° C.) is carried out at step S323 and, if this condition establish, a command necessary to accomplish a drive control to bring the gas flow control unit 29 to the high flame position is outputted” column 33, line 21),
b) if the set temperature of the "cooking zone" is lower than the measured temperature, then the electronic control module decreases the gas flow via the motorized modulating valve associated with the corresponding "cooking zone" until the set temperature is reached (“a decision of a condition (Sensor Temperature > Preset Temperature +10° C.) is carried out at step S319. When this condition establish, a command necessary to accomplish a drive control to bring the gas flow control unit 29 to the low flame position is outputted” column 33, line 6),
c) the electronic control module continuously monitors and adjusts the gas flow based on the temperature differential to maintain the desired set temperature in each "cooking zone" (Figure 23).
PNG
media_image1.png
282
410
media_image1.png
Greyscale
PNG
media_image2.png
442
530
media_image2.png
Greyscale
PNG
media_image3.png
512
458
media_image3.png
Greyscale
PNG
media_image4.png
494
490
media_image4.png
Greyscale
Regarding claim 20, Akamatsu discloses a cooking system comprising:
a solenoid valve provided in fluid communication with a supply of flammable gas (“a main electromagnetic valve 27 common to all of the gas rings” column 8, line 48);
a plurality of motorized modulating valves provided in fluid communication with said solenoid valve (“Gas from the hose end 26 flows through the main electromagnetic valve 27 to the gas flow control units 29, 30 and 31 for the associated gas burners” column 9, line 66), wherein each motorized modulating valve comprises:
an adjustable valve that controls the amount of gas passing through the motorized modulating valve; and
an electric motor configured to adjust the position of the throttling mechanism within the adjustable valve, wherein the rate of gas flow is dependent upon the position of the throttling mechanism (“rotation of the stepping motor 34 is translated into in linear movement at the drive connecting portion 34-1 with the drive connecting shaft 33-6 moved to move the slide shutter 33-3 that is engaged with the free end of the drive connecting shaft 33-6. Since the flow control plate 33-2 is fixed in position, one hole 33a defined in an intermediate portion of the slide shutter 33-3 for the adjustment of flow of the gas is sequentially aligned with one or some of flow hole 33a defined in the gas flow control plate 33-2 to thereby change the flow of gas” column 10, line 41);
one or a plurality of burners provided in fluid communication with each motorized modulating valve disposed in underlying relation to a region of a cooking surface, defining a "cooking zone" associated with each motorized modulating valve (“a gas cooker shown therein includes a left gas ring 1 equipped with a pan-bottom temperature sensor 2, a right gas ring 3, a grill 4” column 8, line 15);
a plurality of ignitor modules configured to ignite gas at each burner (“pilot plug 22 to ignite” column 8, line 63);
a plurality of temperature detecting devices configured to measure the temperature of each "cooking zone" (“The control circuit 24 is inputted with a pan-bottom temperature detected by the pan-bottom temperature sensor 2 and a combustion temperature detected by the thermocouple 21” column 8, line 65);
a control panel (“a control panel 5” column 8, line 18) through which a user may input commands for ignition and temperature to each "cooking zone," and extinguishment of the burner or burners corresponding to each "cooking zone" (6-17); and
an electronic control module provided in electronic communication with the solenoid valve or valves, motorized modulating valves, ignitor modules, temperature detecting devices, and a control panel (“a control circuit 24” column 8, line 43), wherein:
said electronic control module is capable of receiving commands from the control panel, information from the temperature detecting devices and transmitting commands to the solenoid valve or valves, motorized modulating valve or valves, and ignitor module or modules (Figure 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 9, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Zhang (CN 108980900 A), hereinafter Zhang.
Regarding claims 1 and 12, Akamatsu discloses a cooking system comprising:
one or a plurality of solenoid valves provided in fluid communication with a supply of flammable gas (“a main electromagnetic valve 27 common to all of the gas rings” column 8, line 48);
one or a plurality of motorized modulating valves provided in fluid communication with each solenoid valve (“Gas from the hose end 26 flows through the main electromagnetic valve 27 to the gas flow control units 29, 30 and 31 for the associated gas burners” column 9, line 66), wherein each motorized modulating valve comprises:
a valve that controls the amount of gas passing through the motorized modulating valve based on the degree of overlap of an opening with a provided fixed orifice capable of defining an opening of variable size through which gas may pass; and
an electric motor configured to move the valve, wherein the size of said opening is adjusted by movement of the valve (“rotation of the stepping motor 34 is translated into in linear movement at the drive connecting portion 34-1 with the drive connecting shaft 33-6 moved to move the slide shutter 33-3 that is engaged with the free end of the drive connecting shaft 33-6. Since the flow control plate 33-2 is fixed in position, one hole 33a defined in an intermediate portion of the slide shutter 33-3 for the adjustment of flow of the gas is sequentially aligned with one or some of flow hole 33a defined in the gas flow control plate 33-2 to thereby change the flow of gas” column 10, line 41);
one or a plurality of burners provided in fluid communication with each motorized modulating valve disposed in underlying relation to a cooking surface (“a gas cooker shown therein includes a left gas ring 1 equipped with a pan-bottom temperature sensor 2, a right gas ring 3, a grill 4” column 8, line 15);
one or a plurality of ignitor modules configured to ignite gas at each burner (“pilot plug 22 to ignite” column 8, line 63);
one or a plurality of temperature detecting devices configured to measure cooking temperature (“The control circuit 24 is inputted with a pan-bottom temperature detected by the pan-bottom temperature sensor 2 and a combustion temperature detected by the thermocouple 21” column 8, line 65);
a control panel (“a control panel 5” column 8, line 18) through which a user may input commands for ignition (6, 7, 8) and temperature (9-14); and
an electronic control module provided in electronic communication with the solenoid valve or valves, motorized modulating valve or valves, ignitor module or modules, temperature detecting device or devices, and control panel (“a control circuit 24” column 8, line 43);
wherein:
said electronic control module is capable of receiving commands from the control panel, information from the temperature detecting device or devices and transmitting commands to the solenoid valve or valves, motorized modulating valve or valves, and ignitor module or modules (Figure 2);
the electronic control module further comprising control logic that adjusts the gas flow rate to one or a plurality of motorized modulating valves based on a temperature differential between a set temperature input by the user and the measured cooking temperature (“The control circuit 24 is inputted with a temperature detected by the thermocouple 21 so that based on these input data and settings provided from the control panel 5, the grill burner gas flow control unit 31 can be driven and controlled to adjust the flow of gas supplied towards the grill burner 37 to thereby monitor a combustion taking place in the grill gas burner 37 based on a heating temperature 10 inputted. As can readily be understood from the structure described above, the status of combustion at each of combustion units including the left gas ring 1, the right gas ring 3 and the grill 4, respectively, can be controlled by the control circuit 24” column 9, line 53) wherein:
a) if the set temperature is higher than the measured temperature, then the electronic control module increases the gas flow rate via one or a plurality of motorized modulating valves until the set temperature is reached (“a decision of a condition (Sensor Temperature < Preset Temperature -10° C.) is carried out at step S323 and, if this condition establish, a command necessary to accomplish a drive control to bring the gas flow control unit 29 to the high flame position is outputted” column 33, line 21),
b) if the set temperature is lower than the measured temperature, then the electronic control module decreases the gas flow rate via one or a plurality of motorized modulating valves until the set temperature is reached (“a decision of a condition (Sensor Temperature > Preset Temperature +10° C.) is carried out at step S319. When this condition establish, a command necessary to accomplish a drive control to bring the gas flow control unit 29 to the low flame position is outputted” column 33, line 6),
c) the electronic control module continuously monitors and adjusts the gas flow based on the temperature differential to maintain the desired set temperature (Figure 23).
Akamatsu does not disclose a plug valve, wherein the size of said opening is adjusted by rotation of the valve plug, wherein the adjustable valve is selected from the group consisting essentially of ball valves, bonnet valves, butterfly valves, globe valves, and gate valves.
However, Zhang teaches a plug valve, wherein the size of said opening is adjusted by rotation of the valve plug, wherein the adjustable valve is selected from the group consisting essentially of ball valves, bonnet valves, butterfly valves, globe valves, and gate valves (“the valve can be a ball valve, butterfly bamper, gate valve, plug valve and so on, when the regulating valve is a ball valve, the first valve 202 is a valve ball; when the valve is a butterfly valve or a gate valve, the first valve 202 is a valve plate or shutter, when the regulating valve is a plug valve, the first valve 202 is a plug” all citations from the machine translation appended to the foreign reference).
Akamatsu discloses everything except for the claimed type of modulating valve. Zhang teaches the claimed type of modulating valve. The substitution of one known element (the modulating valve of Akamatsu) for another (the modulating valve of Zhang) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the modulating valve taught in Zhang would have yielded predictable results, namely, modulation of the flow of gas Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 9, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a temperature detecting device provided in electronic communication with the electronic control module is disposed in the cooking volume of an oven assembly in which the cooking system is disposed (Figure 1 shows element 4 as belonging to a cooking volume which may be described as an oven).
Regarding claim 11, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a plurality of thermocouples is provided in electronic communication with the electronic control module, with a thermocouple disposed in proximity to each burner and configured to detect the presence of a flame (21).
Regarding claim 14, Akamatsu discloses the cooking system as recited in claim 13.
Akamatsu does not disclose wherein the adjustable valve is selected from the group consisting essentially of ball valves, bonnet valves, butterfly valves, globe valves, and gate valves.
However, Zhang teaches wherein the adjustable valve is selected from the group consisting essentially of ball valves, bonnet valves, butterfly valves, globe valves, and gate valves (“the valve can be a ball valve, butterfly bamper, gate valve, plug valve and so on, when the regulating valve is a ball valve, the first valve 202 is a valve ball; when the valve is a butterfly valve or a gate valve, the first valve 202 is a valve plate or shutter, when the regulating valve is a plug valve, the first valve 202 is a plug” all citations from the machine translation appended to the foreign reference).
Akamatsu discloses everything except for the claimed type of modulating valve. Zhang teaches the claimed type of modulating valve. The substitution of one known element (the modulating valve of Akamatsu) for another (the modulating valve of Zhang) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the modulating valve taught in Zhang would have yielded predictable results, namely, modulation of the flow of gas Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Claims 2-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Zhang, and further in view of Shaffer (US 20100132692 A1), hereinafter Shaffer.
Regarding claim 2, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a temperature detecting device (2 and/or 21) is provided in electronic communication with the electronic control module (24).
Akamatsu, as modified by Zhang, does not disclose wherein the temperature detecting device is disposed in the firebox of a grill assembly in which the cooking system and cooking surface are disposed.
However, Shaffer teaches wherein the temperature detecting device is disposed in the firebox of a grill assembly in which the cooking system and cooking surface are disposed (“The grill 100 may include any suitable heat sensing devices or temperature sensors such as, for example, resistance thermal devices (RTDs). RTDs, such as RTDs 150a-150c, are installed in close proximity or adjacent to the grilling/cooking surface” paragraph [0026]).
PNG
media_image5.png
336
512
media_image5.png
Greyscale
PNG
media_image6.png
448
666
media_image6.png
Greyscale
In view of Shaffer’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the temperature detecting device is disposed in the firebox of a grill assembly in which the cooking system and cooking surface are disposed as is taught in Schaffer, in the cooking system disclosed by Akamatsu because Shaffer demonstrates that grills having fireboxes benefit from temperature control. Therefore, applying the temperature control system of Akamatsu to a grill would benefit such a grill.
Regarding claim 3, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1.
Akamatsu, as modified by Zhang, does not disclose wherein the user may alternatively input commands for one or a plurality of motorized modulating valves to remain in a selected position.
However, Shaffer teaches wherein the user may alternatively input commands for one or a plurality of motorized modulating valves to remain in a selected position (“the control knob 498 may be turned or rotated by the user to place the set the grill mode in one of an automatic mode or a manual mode. In the manual mode, the user may rotate the knob from the off position 498D to a position between the "lo" and "hi" burner settings 498A, 498B for manually controlling the valves 240 for adjusting the intensity of the burner flames” paragraph [0038] and “Referring to FIG. 9, an exemplary schematic diagram of a portion of control system for the grill 100 is shown in accordance with an exemplary embodiment. In this example, the control system utilizes a fully electronic user interface. In this example, control signals are sent from the user controls 998, 999A-999C to the control unit 330. The control unit 330 analyzes these control signals and controls the fuel flow valves 930-950 accordingly so that a desired amount of fuel is delivered to a respective burner 910-912 through a fuel orifice 920 located at an end of a respective burner 910-912. In this example, the fuel flow valves 930-950 are illustrated as a multi-solenoid valve but in alternate embodiments the valve(s) may be any suitable electronically controlled valves” paragraph [0042]).
In view of Shaffer’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the user may alternatively input commands for one or a plurality of motorized modulating valves to remain in a selected position as is taught in Schaffer, in the cooking system disclosed by Akamatsu because permitting manual setting of the valves expands the number of ways the cooking system may be used and therefore the usefulness of the cooking system.
Regarding claim 4, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1.
Akamatsu, as modified by Zhang, does not disclose wherein the user provides commands to the electronic control module via a remote electronic device.
However, Shaffer teaches wherein the user provides commands to the electronic control module via a remote electronic device (“In alternate embodiments, the user may be able to remotely control the operation of the grill through the receiver 800 in a manner substantially similar to that described above with respect to the user interface unit” paragraph [0041]).
PNG
media_image7.png
432
456
media_image7.png
Greyscale
In view of Shaffer’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the user provides commands to the electronic control module via a remote electronic device as is taught in Schaffer, in the cooking system disclosed by Akamatsu because remote control expands the region in which the cooking system is controllable which enhances convenience.
Regarding claim 6, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1.
Akamatsu, as modified by Zhang, does not disclose wherein the control panel comprises a control knob wherein:
said control knob is provided in electronic communication with the electronic control module and is configured to transmit a desired temperature setting; and
the user adjusts the set temperature of by turning the control knob.
However, Shaffer teaches wherein the control panel comprises a control knob wherein:
said control knob is provided in electronic communication with the electronic control module and is configured to transmit a desired temperature setting; and
the user adjusts the set temperature of by turning the control knob (“The control knob 499 may be rotated by the user to any automatic grilling mode such as those described above. For example, the control knob 499 may be used to set the grill temperature set point” paragraph [0038]).
Akamatsu, as modified by Zhang, does not disclose the claimed control element. Shaffer teaches the claimed control element. The substitution of one known element (the buttons of Akamatsu) for another (the knob of Shaffer) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the knob taught in Shaffer would have yielded predictable results, namely, means for setting a temperature Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Zhang, and further in view of Jenkins (US 20160051078 A1), hereinafter Jenkins.
Regarding claim 5, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a temperature scale is provided representing a range of temperature values, each indicating a specific temperature value (15-17).
Akamatsu, as modified by Zhang, does not disclose wherein the control panel comprises one or plurality of motorized control knobs wherein:
each motorized control knob is provided in electronic communication with the electronic control module and is configured to transmit a desired temperature setting; and
a motorized mechanism operatively connected to said control knob is configured to rotate the knob to a position on the temperature scale associated with the value selected by a user when a temperature input is received by any means other than the control knob.
However, Jenkins teaches wherein the control panel comprises one or plurality of motorized control knobs (“a smart control knob with a motor or other mechanism that is operable to adjust temperature for a cooking surface or cooking location on a stove or grill or oven (e.g., by modifying a flow of gas or electricity or other fuel to a cooking surface or other cooking location” paragraph [0036]) wherein:
each motorized control knob is provided in electronic communication with the electronic control module and is configured to transmit a desired temperature setting (“each of the control devices 640a-640d may include or operate in the vicinity of a respective position sensor (not shown). When provided, each position sensor may be communicatively coupled to the ACC system to communicate data indicative of a position of the respective control device 640a-640d to the ACC system upon manual adjustment of the control device 640a-640d for positional feedback purposes” paragraph [0099]); and
a motorized mechanism operatively connected to said control knob (“the control knob 1240 shown therein includes a base assembly 1242 including among other features, a drive motor 1250” paragraph [0100]) is configured to rotate the knob to a position on the temperature scale associated with the value selected by a user when a temperature input is received by any means other than the control knob (“The illustrated example screenshot further includes additional information about food that is being prepared during the cooking episode (in this example, beef), with user-selectable controls to allow the user to modify the temperature to correspond to different possible completion variations for the food” paragraph [0149]).
In view of the teachings of Jenkins, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the features as is taught in Jenkins, in the cooking system disclosed by Akamatsu because remote control expands the region in which the cooking system is controllable which enhances convenience. Furthermore, agreement between the control panel and remote control is desirable for the sake of cooking accuracy.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Zhang, and further in view of Diekman (US 20200352394 A1), hereinafter Diekman.
Regarding claims 7 and 8, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a temperature detecting device (2 and/or 21) is provided in electronic communication with the electronic control module (24).
Akamatsu, as modified by Zhang, does not disclose:
wherein the temperature detecting device is disposed in the cooking volume of a grill assembly in which the cooking system is disposed;
wherein a device configured to detect whether the lid of the grill assembly is open or closed is provided in electronic communication with an electronic control unit.
However, Diekman teaches:
wherein the temperature detecting device is disposed in the cooking volume of a grill assembly in which the cooking system is disposed (“A temperature sensor 220 can be located in, or proximate to, the cooking area 200. For example, the temperature sensor 220 can be coupled to the frame 120 and located within the cooking area 200. The temperature sensor 220 can be located proximate to the cooking surface 210. The temperature sensor 220 can measure the air temperature within, or proximate to, the cooking area 200. The temperature sensor 220 can provide an electrical signal that is indicative of the temperature, within, or proximate to, the cooking area 200. For example, an electrical resistance of the temperature sensor 220 can vary depending upon variations of temperature proximate to the temperature sensor 220. The temperature sensor 220 can be in communication with a control circuit (e.g., the control circuit 700 shown in FIG. 7)” paragraph [0023]);
wherein a device configured to detect whether the lid of the grill assembly is open or closed is provided in electronic communication with an electronic control unit (“The apparatus 100 can include a hood sensor 230. The hood sensor 230 can be configured to detect if the hood 110 (shown in FIG. 1) is in an open position or a closed position. For example, the hood sensor 230 can include an electrical switch, and changing the configuration of the hood between the open position and the closed position can operate the switch. For example, the hood 110 can engaged with the hood sensor 230 (e.g., a plunger) and activate the switch. The hood sensor 230 can be in communication with a control circuit (e.g., the control circuit 700 shown in FIG. 7)” paragraph [0025]).
In view of Deikman’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include *** as is taught in Diekman, in the cooking system disclosed by Akamatsu because Deikman demonstrates that grills benefit from temperature control. Therefore, applying the temperature control system of Akamatsu to a grill would benefit such a grill. Furthermore, Diekman states “lights 724 can be activated when the hood 110 (shown in FIG. 1) is opened (e.g., the hood sensor 230 can act as a switch to control the lights 724)” (paragraph [0070]). Therefore, including the hood sensor of Diekman will improve visibility in the grill as modified.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Zhang, and further in view of McLemore (US 20160353929 A1), hereinafter McLemore.
Regarding claim 10, Akamatsu, as modified by Zhang, discloses the cooking system as recited in claim 1, wherein a temperature detecting device (2 and/or 21) is provided in electronic communication with the electronic control module (24).
Akamatsu, as modified by Zhang, does not disclose the temperature detecting device is disposed in the cooking volume of a smoker assembly in which the cooking system is disposed.
However, McLemore teaches wherein the temperature detecting device is disposed in the cooking volume of a smoker assembly in which the cooking system is disposed (“The controller cycles the gas burner on and off by opening and closing a gas solenoid valve between the gas source and the gas burner in order to maintain a preset cooking temperature within the cabinet of the smoker. The control circuit includes a display and input panel for displaying the status of the operation of the gas-fired smoker and for accepting user input, a timer set module for setting the cooking time for the gas-fired smoker, a cabinet temperature set module for setting the temperature inside the smoker cabinet, a temperature sensor for determining the temperature inside the cabinet” paragraph [0011]).
In view of McLemore’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the temperature detecting device is disposed in the cooking volume of a smoker assembly in which the cooking system is disposed as is taught in McLemore, in the cooking system disclosed by Akamatsu because McLemore demonstrates that smokers benefit from temperature control. Therefore, applying the temperature control system of Akamatsu to a smoker would benefit such a smoker.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Barkhouse (US 7793649 B2), hereinafter Barkhouse.
Regarding claim 15, Akamatsu discloses the cooking system as recited in claim 13.
Akamatsu does not disclose wherein panels defining a partition are disposed between each cooking zone.
However, Barkhouse teaches wherein panels defining a partition are disposed between each cooking zone (“a divider such as divider 136 may be included with barbecue 20 to encourage or facilitate thermal differentiation between the various zones” column 16, line 61).
PNG
media_image8.png
462
496
media_image8.png
Greyscale
In view of the teachings of Barkhouse, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include *** as is taught in Barkhouse, in the cooking system disclosed by Akamatsu because Barkhouse states “Employing a divider, such as divider 136, in order to thermally separate two or more zones within barbecue 20 may permit thermally differentiated cooking. For example, a steak or other meat requiring a higher cooking temperature may be included in zone 1, whereas vegetables requiring a lower temperature may be included in zone 2. This may permit the cooking of both meat and vegetables at the same time, on the same barbecue, but at different temperatures” (“Employing a divider, such as divider 136, in order to thermally separate two or more zones within barbecue 20 may permit thermally differentiated cooking. For example, a steak or other meat requiring a higher cooking temperature may be included in zone 1, whereas vegetables requiring a lower temperature may be included in zone 2. This may permit the cooking of both meat and vegetables at the same time, on the same barbecue, but at different temperatures” column 17, line 6). Therefore, including partitions as taught by Barkhouse simplify cooking foods at different temperatures.
Claims 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Akamatsu, in view of Shaffer.
Regarding claim 16, Akamatsu discloses the cooking system as recited in claim 13.
Akamatsu does not disclose wherein the user may input commands for one or a plurality of motorized modulating valves to remain in a selected position.
However, Shaffer teaches wherein the user may input commands for one or a plurality of motorized modulating valves to remain in a selected position (“the control knob 498 may be turned or rotated by the user to place the set the grill mode in one of an automatic mode or a manual mode. In the manual mode, the user may rotate the knob from the off position 498D to a position between the "lo" and "hi" burner settings 498A, 498B for manually controlling the valves 240 for adjusting the intensity of the burner flames” paragraph [0038] and “Referring to FIG. 9, an exemplary schematic diagram of a portion of control system for the grill 100 is shown in accordance with an exemplary embodiment. In this example, the control system utilizes a fully electronic user interface. In this example, control signals are sent from the user controls 998, 999A-999C to the control unit 330. The control unit 330 analyzes these control signals and controls the fuel flow valves 930-950 accordingly so that a desired amount of fuel is delivered to a respective burner 910-912 through a fuel orifice 920 located at an end of a respective burner 910-912. In this example, the fuel flow valves 930-950 are illustrated as a multi-solenoid valve but in alternate embodiments the valve(s) may be any suitable electronically controlled valves” paragraph [0042]).
In view of Shaffer’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the user may input commands for one or a plurality of motorized modulating valves to remain in a selected position as is taught in Schaffer, in the cooking system disclosed by Akamatsu because permitting manual setting of the valves expands the number of ways the cooking system may be used and therefore the usefulness of the cooking system.
Regarding claim 17, Akamatsu discloses the cooking system as recited in claim 13.
Akamatsu does not disclose wherein the user provides commands to the electronic control module via a remote electronic device utilizing Bluetooth signals.
However, Shaffer teaches wherein the user provides commands to the electronic control module via a remote electronic device utilizing Bluetooth signals (“The transmitter 801 and the receiver 800 in this exemplary embodiment may be configured for wireless communication through any suitable wireless protocol such as, for example, Zigbee.RTM., Bluetooth.RTM., cellular, or other Radio Frequency or short range communication protocols… In alternate embodiments, the user may be able to remotely control the operation of the grill through the receiver 800 in a manner substantially similar to that described above with respect to the user interface unit” paragraph [0041]).
In view of Shaffer’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the user provides commands to the electronic control module via a remote electronic device utilizing Bluetooth signals as is taught in Schaffer, in the cooking system disclosed by Akamatsu because remote control expands the