Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment / Status of the Claims
Applicant is thanked for their 2/27/26 response to the Office Action dated 11/28/25. The amendment has been entered and, accordingly:
Claims 1 and 4-6 are amended.
Claims 2-3 are cancelled.
Claims 1 and 4-15 are pending.
Applicant’s amendments to the claims have overcome the previously set forth 112(b) rejection so that rejection is withdrawn accordingly.
Response to Remarks
Applicant’s remarks with respect to claim 1 have been considered but are moot because the new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Correction of the following is suggested for consistency or clear antecedent basis between what’s claimed and what’s recited in the Applicant’s specification.
Regarding claim 1, there is recited the following limitation (emphasis added): “a first end of the first partition rib and a second end of the second partition rib are disposed to face each other” (Claim 1, last two lines). Instead, the as-filed specification discloses “The first end 62a of the first partition rib 62 and the first end 63a of the second partition rib 63 may be disposed to face each other” (Par. 0123, emphasis added). In particular, Fig. 7 shows first end 62a of the first partition rib 62 and a first end 63a of the second partition rib 63 are disposed to face each other, but does not recite the first end 62a of the first partition rib 62 and a second end 63b of the second partition rib 63 are disposed to face each other.
While element 63a in Figure 7 can technically be considered a “second end,” it’s suggested to amend the claim so that the “second end” of the second partition rib, as presently recited in the claim(s) reads “a first end” for antecedent basis to the Specification.
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.
Claims 1, 5-10, 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN110160102A, hereafter Chen, as cited in the Applicant’s 3/26/24 IDS) in view of Kurotaki (US 4335705 A).
Regarding claim 1, Chen discloses a cooking apparatus (Par. 0003, downdraft range hood with an induction cooktop) comprising:
a cooktop (Par. 0003, induction cooktop) including:
an upper plate (Fig. 1, top surface of desktop housing 10) on which to place a cooking vessel, and
a suction port (Fig. 1, mounting opening 14) penetrating through the upper plate in a first direction (annotated Fig. A, first direction);
a duct (Fig. 1, connecting flue 70 and pipe 74);
a chamber (Fig. 1, air collection box 50) to connect the suction port and the duct; and
a blower fan (Fig. 1, fan 72) connected to the duct to generate airflow so that air around the upper plate is suctioned through the suction port and then through the chamber and then guided by the duct (Fig. 1, and Par. 0043, “oil fumes generated during cooking can be guided by the powerful suction of the fan 72 to the desktop air intake grille 32, enter the air collection box 50…through the upper smoke collection pipe 701 and the lower smoke delivery pipe 703… and enter the common flue connecting pipe 74”. Examiner notes connecting flue 70 comprises upper flue section 701 and lower flue section 703. See Par. 0040),
wherein the chamber includes:
a chamber body (Fig. 1, walls of air collection box 50) including:
a chamber outlet (Fig. 1, opening in air outlet 501) arranged in a second direction (annotated Fig. A, second direction) perpendicular to the first direction from the suction port and configured to communicate with the duct (Par. 0038, “a connecting smoke pipe 70 connected to the air outlet 501”), and
an inner space (Fig. 1, space within the walls of air collection box 50) formed so that air suctioned through the suction port flows through the inner space to the chamber outlet (Par. 0043, “oil fumes generated during cooking can be guided by the powerful suction of the fan 72 to the desktop air intake grille 32, enter the air collection box 50, and then pass through the oil filter screen 54, the carbon box 56 and the air outlet 501 in sequence”).
However, Chen does not disclose a guide rib arranged inside the chamber body to partition the inner space to guide the air suctioned through the suction port to the chamber outlet, and including a partition rib extending upward toward the suction port and extending in the second direction so as to be directed to the chamber outlet,
wherein the partition rib includes:
a first partition rib, and
a second partition rib spaced apart from the first partition rib with respect to a third direction perpendicular to the second direction, so as to partition the inner space, and
wherein a first end of the first partition rib and a second end of the second partition rib are disposed to face each other.
Kurotaki discloses a roaster boiler (Abstract) similar to the present invention and Kurotaki further discloses it is known to have a guide rib (Fig. 7, second wings 21, 21a, 21b and third wings 22, 22a) arranged inside a chamber body (Fig. 7, roaster body 1) to partition an inner space (Figs. 6-7, interior of roaster body 1) to guide the air suctioned through a suction port (Figs. 4 and 7, top opening of roaster body 1. This opening or port functions to suck smoke towards the exhaust cylindrical member 7 and is therefore a ‘suction port’) to the chamber outlet (Figs. 4 and 7, the circular opening at the bottom of roaster body 1. This opening lets smoke out of the roaster body 1 (i.e., chamber body), therefore it is a ‘chamber outlet’) and including a partition rib (Fig. 7, second wings 21, 21b and third wing 22, which divide or partition the interior of the roaster body 1 and are elongated ridges or ribs; therefore second wings 21, 21b and third wing 22 comprise a ‘partition rib’) extending upward toward the suction port (Figs. 4 and 7) and extending in the second direction (annotated Fig. B) so as to be directed to the chamber outlet (Figs. 4 and 7, at least the free, angled ends of second wings 21, 21b are directed to the circular opening at the bottom opening of the roaster body 1 (i.e., chamber outlet)),
wherein the partition rib (Fig. 7, second wings 21, 21b and third wing 22) includes:
a first partition rib (Figs. 6-7, second wing 21), and
a second partition rib (Figs. 6-7, second wing 21b) spaced apart from the first partition rib with respect to a third direction perpendicular (annotated Fig. B, third direction) to the second direction, so as to partition the inner space (Figs. 6-7), and
wherein a first end of the first partition rib (Figs. 6-7, free, angled end of second wing 21) and a second end of the second partition rib (Figs. 6-7, free, angled end of second wing 21b) are disposed to face each other (Figs. 6-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the chamber of Chen with the guide rib as disclosed by Kurotaki in order to have a guide rib arranged inside the chamber body to partition the inner space to guide the air suctioned through the suction port to the chamber outlet, and including a partition rib extending upward toward the suction port and extending in the second direction so as to be directed to the chamber outlet,
wherein the partition rib includes:
a first partition rib, and
a second partition rib spaced apart from the first partition rib with respect to a third direction perpendicular to the second direction, so as to partition the inner space, and
wherein a first end of the first partition rib and a second end of the second partition rib are disposed to face each other and thereby improve the smoke exhausting ability (As suggested by Col. 3, lines 10-15 of Kurotaki: “thereby improves the smoke exhausting ability of the smoke collector”) of Chen’s device. This improvement increases the efficiency and/or effectiveness of extracting fumes which, in turn, increases user comfort.
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Fig. A: Annotated copy of Fig. 1 from Chen showing location of prior art elements labeled with applicant’s terminology.
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Fig. B: Annotated copy of Fig. 7 from Kurotaki showing location of prior art elements labeled with applicant’s terminology.
Regarding claim 5, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein the partition rib (Kurotaki: Fig. 7, second wings 21, 21b and third wing 22) further includes:
a third partition rib (Kurotaki: Fig. 7, third wings 22) arranged between the first partition rib (Kurotaki: Figs. 6-7, second wing 21) and the second partition rib (Kurotaki: Figs. 6-7, second wing 21b), and the third partition rib extends in a straight line toward a center of the chamber outlet (Kurotaki: Figs. 4 and 7, the circular opening at the bottom of roaster body 1).
Regarding claim 6, Chen, as modified above, discloses the cooking apparatus of claim 5, wherein the first partition rib (Kurotaki: Figs. 6-7, second wing 21) is disposed to correspond to a first side (Kurotaki: Fig. 6, right side) of the suction port (Chen: Fig. 1, mounting opening 14) with respect to the third direction (annotated Fig. A, third direction),
the second partition rib (Kurotaki: Figs. 6-7, second wing 21b) is disposed to correspond to a second side (Kurotaki: Fig. 6, left side) of the suction port, opposite the first side of the suction port, with respect to the third direction, and
the third partition rib (Kurotaki: Fig. 7, third wing 22) is disposed to correspond to a third side (Kurotaki: Fig. 6, bottom side) of the suction port with respect to the second direction (annotated Fig. A, second direction), the third side of the suction port with respect to the second direction being adjacent to the chamber outlet (Chen: Fig. 1, opening in air outlet 501).
Regarding claim 7, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein
the chamber body (From Chen: Fig. 1, walls of air collection box 50) further includes:
a bottom surface (From Chen: Fig. 1, bottom wall of air collection box 50), and
a sidewall (From Chen: Fig. 1, front wall of air collection box 50) extending upward from the bottom surface to form the inner space (From Chen: Fig. 1, space within the walls of air collection box 50).
Regarding claim 8, Chen, as modified above, discloses the cooking apparatus of claim 7, wherein
the sidewall (From Chen: Fig. 1, front wall of air collection box 50) includes:
a first sidewall (From Chen: Fig. 1, left wall of air collection box 50) disposed to face the chamber outlet (From Chen: Fig. 1, opening in air outlet 501) with respect to the second direction (annotated Fig. A, second direction),
a second sidewall (From Chen: Fig. 1, back wall of air collection box 50) extending between the first sidewall and the chamber outlet, and
a third sidewall (From Chen: Fig. 1, front wall of air collection box 50) extending between the first sidewall and the chamber outlet and disposed to face the second sidewall, and
the guide rib (Kurotaki: Fig. 7, second wings 21, 21a, 21b and third wings 22, 22a) includes a protruding rib (Kurotaki: Fig. 7, third wing 22a) extending from the first sidewall toward the chamber outlet.
Regarding claim 9, Chen, as modified above, discloses the cooking apparatus of claim 8, wherein the protruding rib (Kurotaki: Fig. 7, third wing 22a) extends from a center of the first sidewall (From Chen: Fig. 1, left wall of air collection box 50) toward a center of the chamber outlet (From Chen: Fig. 1, opening in air outlet 501. Reference Fig. B for the orientation of Kurotaki’s third wing 22a within Chen’s air collection box 50).
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Fig. B: Annotated copy of Fig. 1 from Chen showing location of prior art elements labeled with applicant’s terminology.
Regarding claim 10, Chen, as modified above, discloses the cooking apparatus of claim 8.
However, Chen, as modified above, does not disclose wherein the second sidewall and the third sidewall each have a curved surface extending toward the second direction.
Kurotaki further discloses it is known for a sidewall (Figs. 4-5, left wall of smoke exhaust passage 9) and another sidewall (Figs. 4-5, right wall of smoke exhaust passage 9) to each have a curved surface (Col. 3 lines 62-65, “smoke exhaust passage 9 may be preferably curved”) extending toward a second direction (Fig. 4, horizontal direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second sidewall and third sidewall of Chen, as modified above, to be curved as disclosed by Kurotaki in order to have second sidewall and the third sidewall each have a curved surface and thereby increase the smoothness of the airflow (As suggested by Col. 3, lines 62-67 of Kurotaki: “As shown in FIG. 3, the smoke exhaust passage 9 may be preferably curved, which causes the smoke to flow in a smooth manner as indicated by the arrows in FIG. 3, because of the aerodynamic structure of the passage a. The smooth flow prevents the oil contained in the smoke from sticking the surface of the roaster body 1.”), which increases the efficiency of the cooktop cooking appliance, which in turn increases user comfort.
Regarding claim 12, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein the blower fan (From Chen: Fig. 1, fan 72) is offset in the second direction (annotated Fig. A, second direction. Examiner notes Fig. 1 of Chen shows at least the right side of fan 72 is offset in the second direction from mounting opening 14) from the suction port (From Chen: Fig. 1, mounting opening 14).
Regarding claim 13, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein the blower fan (From Chen: Fig. 1, fan 72) is offset in the first direction (From Chen: annotated Fig. A, first direction) from the chamber outlet (From Chen: Fig. 1, opening in air outlet 501).
Regarding claim 14, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein the chamber (From Chen: Fig. 1, air collection box 50) further includes: a locking protrusion (From Chen: Fig. 1, bottom surface of air outlet 501. Examiner notes the bottom surface of air outlet 501 protrudes from air collection box 50 and locks or fastens the air collection box 50 to the upper flue section 701) protruding upward from a bottom surface (From Chen: Fig. 1, bottom wall of air collection box 50) of the chamber body (From Chen: Fig. 1, walls of air collection box 50) so as to be adjacent to the chamber outlet (From Chen: Fig. 1, opening in air outlet 501).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN110160102A, hereafter Chen, as cited in the Applicant’s 3/26/24 IDS) in view of Kurotaki (US 4335705 A) and in further view of article titled "4 Rules for Flexible Ducts that Remodelers Need to Know" by "Proremodeler" (see NPL in attached PTO-892, hereinafter “Proremodeler”; note a publication date of 1/16/2019 near the middle of the page).
Regarding claim 4, Chen, as modified above, discloses the cooking apparatus of claim 1.
However, Chen, as modified above, does not disclose the first partition rib and the second partition rib each have a curved surface.
Proremodeler discloses a solution to the problem of how to guide air through a ceiling (Pg. 2, 1st and 2nd Pars.) similar to the problem of how to guide air through the cooking apparatus in the present invention.
NOTE: Furthermore, the Examiner notes a broad spectrum of prior art must be explored in the mechanical arts and it is reasonable to permit inquiry into other areas where one of ordinary skill in the art would be aware that similar problems exist. See MPEP 2141.01(a) IV.
Proremodeler further discloses it is known that sharp turns can compromise airflow (Pg. 4, 1st Par.) so air ducts should follow a curve (Pg. 4, last Par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second partition ribs of Chen, as modified above, to be curved in view of Proremodeler in order to first and second partition ribs with curved surfaces and thereby increase airflow (As suggested by Pg, 4, 1st Par. of Proremodeler: “each turn, kink, or compression in a duct run reduces airflow”).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN110160102A, hereafter Chen, as cited in the Applicant’s 3/26/24 IDS) in view of Kurotaki (US 4335705 A) and in further view of Gargiulo et al. (EP3268670B1, hereafter Gargiulo, as cited in the Applicant’s 8/1/23 IDS) and Gilliom (US 3485229 A).
Regarding claim 11, Chen, as modified above, discloses the cooking apparatus of claim 1, wherein
the cooktop (From Chen: Par. 0003, induction cooktop) further includes:
a lower plate (From Chen: Fig. 1, desktop air intake grille 30) disposed under the upper plate (From Chen: Fig. 1, top surface of desktop housing 10 and Par. 0038, “a desktop air intake grille 30 embedded in the mounting opening 14”. Given desktop air intake grill 30 is embedded in mounting opening 14 and mounting opening 14 is located under the top surface of desktop housing 10, desktop air intake grill 30 (i.e., lower plate) must necessarily be disposed under the top surface of desktop housing 10 (i.e., upper plate)) and arranged to be in contact with the chamber body (From Chen: Fig. 1, walls of air collection box 50), and
the guide rib (From Shin: Fig. 7, guide pins 150. See Pg. 5, Par. 3, “guide pins (150)…are perpendicularly adhered to the bottom surface of such slope duct (140')”) protrudes upward from a bottom surface (From Chen: bottom wall of air collection box 50. Reference annotated Fig. B for the orientation of Shin’s guide pins 150 within Chen’s air collection box 50) of the chamber body (Fig. 1, walls of air collection box 50).
However, Chen, as modified above, does not disclose the lower plate arranged to be in contact with the chamber body so as to cover a portion of the inner space of the chamber, and
the guide rib protrudes upward from a bottom surface of the chamber body so as to partially contact with the lower plate.
Gargiulo discloses a cooktop (Par. 0001) similar to the present invention and Gargiulo further discloses it is known for a lower plate (annotated Fig. C, lower plate) to be arranged to be in contact with a chamber body (annotated Fig. C, chamber body) so as to cover a portion of an inner space (annotated Fig. C, inner space) of the chamber.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower plate of Chen, as modified above, with the same of Gargiulo in order to have a lower plate arranged to be in contact with a chamber body so as to cover a portion of an inner space of the chamber and thereby increase support for the desktop air intake port 3 of Chen.
However, Chen, as modified above, does not disclose the guide rib protrudes upward from a bottom surface of the chamber body so as to partially contact with the lower plate.
Gilliom discloses an oven (Col. 1, line 13) similar to the present invention and Gilliom further discloses it is known for a guide rib (Fig. 3, partition 20) to protrude upward from a bottom surface (Fig. 3, plate 21) of a chamber body (Fig. 3, chamber formed by plate 21, side baffles 24, and top flange 25) so as to partially contact with a plate (Fig. 3, top flange 25).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the guide rib of Chen, as modified above, with the teaching of GIlliom that a guide rib protrudes upward from a bottom surface of a chamber body so as to partially contact with a lower plate in order to force air through the guide rib and out of the chamber outlet (As suggested by Gilliom: “partition 20 which substantially fully spans the top space 14 within the casing, as best shown in FIG. 3, and forcing the air forwardly and out the openings 18”), which increases the efficiency of the cooktop cooking appliance, which in turn increases user comfort.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN110160102A, hereafter Chen, as cited in the Applicant’s 3/26/24 IDS) in view of Kurotaki (US 4335705 A) and in further view of Kim (US 4827903 A).
Regarding claim 15, Chen, as modified above, discloses the cooking apparatus of claim 1, further comprising a filter (Fig. 1, oil filter screen 54).
However, Chen, as modified above, does not disclose a filter mounted to the suction port and a tray inside the chamber body below the filter.
Kim discloses a barbecue cooker (Abstract) similar to the present invention and Kim further discloses it is known to have a tray (Fig. 1, filter grease tray 28) inside the chamber body (Fig. 1, grease tray housing 30) below the filter (Fig. 1, filter 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooking apparatus of Chen, as modified above, to include a tray as disclosed by Kim in order to have a tray inside the chamber body below the filter and thereby make cleaning the chamber body easier (As suggested by Col. 7, lines 54-59 of Kim: “Filter grease tray 28 collects grease drippings from filter 26, which have either deposited on filter 26's baffles by the passage of smoke or rolled down from inclined surface 81 through the filter. Grease tray 28 and filter 26 may be easily removed and washed in a dishwasher.”).
However, Chen, as modified above, does not disclose a filter mounted to the suction port.
Chen, as modified above, discloses the claimed invention except for a filter mounted to the suction port. Chen discloses it is known to have a filter. It would have been an obvious matter of design choice to move the mount of the filter to the suction port, since it has been held that the configuration of the claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed locking protrusion was significant. MPEP 2144.04 VI-C. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation (filter mounted to the suction port, filter mounted adjacent to the suction port). One could have expected the locking protrusion to perform substantially equally well, whether mounted adjacent to the suction port or in its original position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
최성호 et al. (KR 100936154 B1) discloses a guide rib protrudes upward from a bottom surface of a chamber body so as to partially contact with a lower plate.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth Laughlin whose telephone number is (703)756-5924. The examiner can normally be reached Monday - Thursday 8:30-6:00 ET.
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/E.A.L./Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762