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. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The 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. Claim (s) 1 -5, 7-12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Armstrong et al (US 2016/0097542) in view of Etheredge et al (US 2008/0083729 ) . Armstrong discloses, regarding claim s 1 and 9 , A cooking appliance (oven appliance 100) comprising: an oven liner at least partially defining an oven cavity (Figs 2 and 3 show an over liner comprising an oven cavity ) ; a first heating element positioned to increase temperature of air within the oven cavity (heating element 124 is positioned within the oven cavity 112) ; a second heating element, separate from the first heating element, positioned to increase the temperature of the air within the oven cavity (heating element 126 is positioned within the oven cavity ) ; another cooking area outside of the oven cavity; (another cooking area in 114, See Fig 3) a third heating element positioned to generate heat at the other cooking area (third heating element, 125 or 127 ) ; and a controller (controller 154 controls the heating elements) in communication with the first heating element, the second heating element, and the third heating element, the controller configured (i) to activate both the first heating element and the second heating element, such that first heating element and the second heating element generate heat simultaneously, during an accelerated preheating operation to preheat the air within the oven cavity (a heating element is activated to preheat the cavity, a second additional heating element is activated to boost the preheating. See Paragraphs [0025 ] and [ 0050], [0051]) and (ii) subsequently to deactivate one of the first heating element and the second heating element, while maintaining activation of the other of the first heating element and second heating element, after the third heating element is commanded to activate. (During the accelerated preheat cycle the other cavity and heating elements are locked out. However, when preheating lockout is based on an elapsed time, both heating elements are still active and the second cooking chamber is unlocked. One of the preheating elements will be deactivated when the heating elements in the other chamber are active. See Paragraphs [0052] -[ 0053]), While Armstrong does not disclose the operation of the heating elements exactly as claimed. The present invention is concerned with not exceeding the wattage available to the oven during the preheating boost mode. The present invention accomplishes this by controlling the preheating boost based on the operation of a third heating element. Essentially one heating element is being locked out or forced to deactivate. Armstrong locks out a third heating element during the preheating boost so as not to exceed the maximum wattage of the oven. (See Paragraph [0004]) These are considered obvious variants as preventing a heating element from operating is obvious so as to not allow the oven to exceed the wattage available to the oven. Etheredge discloses, regarding claim s 1 , 4 and 18 , in steps 266, 270, 272 and 276. If a third heating element is selected in step 266, the operation of the heating elements in the upper chamber is reduced. (See Paragraph [0024] and Fig 3. The third heating element may be a cooktop heating element with the user not being locked out of operating three heating element at the same time . (See Fig 1) Therefore, it would have been obvious, at the time of the invention, to a person having ordinary skill in the art to provide the deactivation of one heating element when a third heating element is operated as this is an obvious manner for power sharing in an over/range/double oven device in order to not exceed the maximum power rating of the oven. Regarding claims 2 and 3. Figs 3 and 4 show the heating elements being at least partially exposed in the oven cavity. One heating element is located near a floor and the other near the ceiling. Regarding claim 5, Figs 2-4 show the third heating element (125 or 127) being disposed to increase the air temperature in a second oven cavity 114. Regarding claim 7, the user may choose a regular preheating mode, or a boost preheating mode. (See Paragraph [0034] – [0035]) Only one needs to be selected. The user would not need to select a regular preheating mode, then select the boost. Regarding claim 10, only one heating element would be active during a regular preheating mode. (See Paragraph [0034] – [0035]) Regarding claim 11, the control panel allows the user to control activation of all the heating elements and is in communication with the controller 154. (See Paragraphs [ 0029]) Regarding claim 12, Armstrong fails to disclose displaying the period of time until completion of the accelerated preheating operation. However, the controller counts the time until the lockout is complete, which would be the time the preheating boost cycle is complete. (See Paragraph [0041]) The time remaining until the lockout is over is considered operational information. The control panel 130 may include display components for providing operational feedback to a user. (See Paragraph [0032]) As the time remaining is operation information, it would have been obvious to display any type of operational information or feedback to the user through a display or user interface. Regarding claim 14, Armstrong locks out a third heating element during the preheating boost so as not to exceed the maximum wattage of the oven. (See Paragraph [0004]) Regarding claim 15, two heating element in the oven cavity are operated when a preheating boost operation is selected . (See Paragraph [ 0028]… user may select temperature, time…; and paragraph [0034] – [0035]) Regarding claim 16, Armstrong fails to specifically disclose the electrical currents provided to the heating elements. However, it would have been obvious to provide a greater current to one heating element than the other as this would be based on the desired operation of the device and how the most efficient operation of the device is chosen. Regarding claim 17, the fan 142 or 143 is operated to assist in the preheating process. (See Paragraph [0038]) Armstrong discloses, regarding claim 19, A cooking appliance (oven appliance 100) comprising: an oven liner at least partially defining an oven cavity (Figs 2 and 3 show an over liner comprising an oven cavity ) ; a first heating element positioned to increase temperature of air within the oven cavity (heating element 124 is positioned within the oven cavity 112) ; a second heating element, separate from the first heating element, positioned to increase the temperature of the air within the oven cavity (heating element 126 is positioned within the oven cavity ) ; another cooking area outside of the oven cavity; (another cooking area in 114, See Fig 3) a third heating element positioned to generate heat at the other cooking area (third heating element, 125 or 127 ) ; and a controller (controller 154 controls the heating elements) in communication with the first heating element, the second heating element, and the third heating element, the controller configured (i) to activate both the first heating element and the second heating element, such that first heating element and the second heating element generate heat simultaneously, during an accelerated preheating operation to preheat the air within the oven cavity (a heating element is activated to preheat the cavity, a second additional heating element is activated to boost the preheating. See Paragraphs [0025] and [ 0050], [0051]) and (ii) subsequently to deactivate one of the first heating element and the second heating element, while maintaining activation of the other of the first heating element and second heating element, after the third heating element is commanded to activate. (During the accelerated preheat cycle the other cavity and heating elements are locked out. However, when preheating lockout is based on an elapsed time, both heating elements are still active and the second cooking chamber is unlocked. One of the preheating elements will be deactivated when the heating elements in the other chamber are active. See Paragraphs [0052] -[ 0053]), While Armstrong does not disclose the operation of the heating elements exactly as claimed. The present invention is concerned with not exceeding the wattage available to the oven during the preheating boost mode. The present invention accomplishes this by controlling the preheating boost based on the operation of a third heating element. Essentially one heating element is being locked out or forced to deactivate. Armstrong locks out a third heating element during the preheating boost so as not to exceed the maximum wattage of the oven. (See Paragraph [0004]) These are considered obvious variants as preventing a heating element from operating is obvious so as to not allow the oven to exceed the wattage available to the oven. Etheredge discloses, regarding claims 19 and 20, in steps 266, 270, 272 and 276. If a third heating element is selected in step 266, the operation of the heating elements in the upper chamber is reduced. (See Paragraph [0024] and Fig 3. The reduced power is accomplished by lowering power to both heating elements or deactivating one of the two heating elements while activating the third. Therefore, it would have been obvious, at the time of the invention, to a person having ordinary skill in the art to provide the deactivation of one heating element when a third heating element is operated as this is an obvious manner for power sharing in an over/range/double oven device in order to not exceed the maximum power rating of the oven. Regarding claim 8, Armstrong is concerned with not tripping the circuit breaker. (See Paragraph [0035]) Applicant states the brief period of time is less than 5 or 2 seconds, or an amount of time so as to not trip a circuit breaker. Therefore , it would have been obvious to operate the third heating element at the same time as the other two heating element as long as the overlap would not trip the breaker. As the heating elements in Armstrong are unlocked after a time period, the third heating element in the second chamber may be active at the same time as the first and second heating element, if preheating is still required, so long as the circuit breaker does not trip. Claim (s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Armstrong et al (US 2016/0097542) in view of Etheredge et al (US 2008/0083729) and Cadima et al (US 2023/0119147). The teachings of Armstrong have been discussed above. Armstrong fails to disclose the third heating element is a magnetron. Cadima discloses the oven appliance may include electric heating elements, gas burners, microwave heating elements, halogen heating elements, tubular heating elements, or suitable combinations. Therefore it would have been obvious, at the time of the invention, to a person having ordinary skill in the art to provide the magnetron as the third heating element as this is considered an obvious variant for use in combination with another type of heating element in a double oven. Allowable Subject Matter Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN W JENNISON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5930 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-Th 9-5 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Ibrahime Abraham can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-5569 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN W JENNISON/ Primary Examiner, Art Unit 3761 3/20/2026