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 .
Priority
Acknowledgement is made of Applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 8 and 15 are objected to because of the following informalities:
Regarding Claim 8, lines 3-5, “an opening motor disposed in the opening housing, wherein the cam is disposed in the opening housing, configured to be rotated by the opening motor, configured to partially protrude outward from the casing in a rotational process” should read
“an opening motor disposed in the opening housing; and
wherein the cam is disposed in the opening housing and is configured to be rotated by the opening motor and is configured to partially protrude outward from the casing in a rotational process” to clarify it is the cam, not the opening motor, that is rotated by the opening motor and partially protruding.
Regarding Claim 15, lines 2-3, “the plurality of connection shafts is connected to the panel unit with different heights in the first position” should read “the plurality of connection shafts are
Appropriate correction is required.
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 1, 4, 7, 10-14, 16-17, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viegas et al. (EP 3594573 B1, hereafter Viegas).
Regarding claim 1, Viegas discloses a cooking appliance (Par. 0025, steam oven), comprising:
a casing (Par. 0025, steam oven. One of ordinary skill in the art would understand a steam oven implicitly discloses a casing) having a cavity (annotated Fig. A, which shows the structure labeled ‘cavity’ is a hollowed out space and is therefore a ‘cavity’) and a tank chamber (annotated Fig. A, which shows the structure labeled ‘tank chamber’ is an enclosed space or chamber in which water tank 2 is located and is therefore a ‘tank chamber’) therein;
a door (Par. 0026, door) disposed at a front of the casing (Par. 0026, which discloses the control panel 1 is located above the door. Fig. 5 shows the control panel 1 is at the front of the steam oven, therefore, given the control panel 1 is located above the door, the door must necessarily be at the front of the steam oven and its associated casing) and configured to (capable of) open and close the cavity (One of ordinary skill in the art would understand the door is capable of opening and closing the cavity);
a water tank (Fig. 5, water tank 2) configured to (capable of) be inserted into and withdrawn from the casing through an entrance of the tank chamber (One of ordinary skill in the art would understand the water tank is capable of being inserted into and withdrawn from the housing 3), and having a water storage space therein (Fig. 5, space within water tank 2 which is capable of holding water and is therefore a ‘water storage space’);
a panel unit (Figs. 1-5, control panel 1) that moves from a first position in which the entrance of the tank chamber is covered (Fig. 2 and Par. 0027, first position) to a second position in which the entrance of the tank chamber is open (Fig. 10 and Par. 0027, second position);
a pair of hinge modules (Par. 0028, hinge system) respectively connected to opposite lateral ends of the panel (annotated Figs. A and B. Examiner notes a hinge system is shown on each lateral ends of control panel 1), each having a connection shaft (Figs. 6-8, pivot joint 11, which one of ordinary skill in the art would understand implicitly discloses a shaft. Given pivot joint 11 and it’s implicit shaft connect the first end of the V-shaped piece to the pivot piece, this necessarily means pivot joint 11 is a ’connection shaft’), which serve as a rotational center of the panel (Figs. 6-8, pivot piece 8 is the fixed point around which the center panel 1 rotates, therefore it is the rotational center of center panel 1. Examiner notes pivot piece 8 is part of the hinge system, as shown by its presence in Fig. 8 and the accompanying title in Par. 0021: “Figure 8 shows the perspective of the hinge system in the position where the control panel would be located in horizontal position”); and
an opening device (Figs. 1-4 and Par. 0036, oblong cam 6, pin 7, and motor. Par. 0036 discloses the oblong cam 6, pin 7 and motor push the control panel 1 and therefore comprise an ‘opening device’ because they help open control panel 1 to provide access to water tank 2) disposed between the pair of hinge modules (Fig. 3 shows oblong cam 6 is located behind pin 7 and Fig. 10 shows pin 7 is to the right of the right hinge module. Therefore, the oblong cam 6 and pin 7 (i.e., components of the opening device) must necessarily be disposed between the pair of hinge systems) and having a cam (Figs. 1 and 3, oblong cam 6) that moves the panel unit along a first opening section (Figs. 2 and 4, which show a first opening section in between the position of control panel 1 in Fig. 2 and the position of control panel 1 in Fig. 4) starting from the first position (Fig. 2), wherein when the panel unit is in the first position, the cam is disposed higher than the rotational center of the panel (Fig. 4, which shows pin 7 is at the same height as oblong cam 6 and annotated Fig. B, which shows pin 7 is disposed higher than the hinge system. Given pin 7 is disposed higher than the hinge system, pin 7 must necessarily be disposed higher than pivot piece 8 (i.e., rotational center of the panel) because pivot piece 8 is part of the hinge system).
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Fig. A: Annotated copy of Fig. 5 from Viegas showing location of prior art elements labeled with applicant’s terminology. Examiner notes the cavity extends from the left to the right sides of control panel 1, which is why the ends of the structure labeled ‘cavity’ are not closed off in the annotated figure.
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Fig. B: Annotated copy of Fig. 10 from Viegas showing location of prior art elements labeled with applicant’s terminology.
Regarding claim 4, Viegas discloses the cooking appliance of claim 1, wherein the panel unit (Fig. 5, control panel 1) is moved from the first position (Fig. 2 and Par. 0027, first position) to the second position (Fig. 10 and Par. 0027, second position) while rotating the upper end of the panel unit downward (Figs. 2-4).
Regarding claim 7, Viegas discloses the cooking appliance of claim 1, wherein the cam (Figs. 1 and 3, oblong cam 6) partially protrudes toward a rear surface of the panel unit (Figs. 1-4, rear surface of control panel 1) during a rotational process (Figs. 1-4, which show the process of control panel 1 rotating from the position shown in Fig. 1 to the position shown in Fig. 4).
Regarding claim 10, Viegas discloses the cooking appliance of claim 1, wherein the cam (Figs. 1 and 3, oblong cam 6) is disposed to face a rear surface of the panel unit (Figs. 1-4, rear surface of control panel 1) when the panel unit is in the first position (Figs. 1 and 2 and Par. 0027, first position).
Regarding claim 11, Viegas discloses the cooking appliance of claim 1, wherein the panel unit (Fig. 5, control panel 1) is disposed further forward with respect to the casing (Par. 0025, steam oven, as explained in claim 1) than a front surface of the door (Par. 0026, which discloses the control panel 1 is located above the door) in the second position (Fig. 10 and Par. 0027, second position).
Regarding claim 12, Viegas discloses the cooking appliance of claim 1, wherein the panel unit (Figs. 1-4, rear surface of control panel 1) moves through the first opening section (Figs. 2 and 4, which show a first opening section in between the position of control panel 1 in Fig. 2 and the position of control panel 1 in Fig. 4) starting from the first position (Figs. 1 and 2 and Par. 0027, first position) by the opening device (Figs. 1-4 and Par. 0036, oblong cam 6, pin 7, and motor, as explained in claim 1), and wherein the panel unit is moved by an external force by a user (Par. 0037, “The second phase of the non-circular movement of the control panel (1) is carried out in the following way:
the control panel (1) is manually rotated;”) in a second opening section extending from an end of the first opening section to the second position (Figs. 4 and 10, which show a second opening section in between the position of control panel 1 in Fig. 4 (i.e., end of the first opening section) and the position of control panel 1 in Fig. 10 (i.e., second position)).
Regarding claim 13, Viegas discloses the cooking appliance of claim 12, wherein a rotational angle of the panel unit (Fig. 10, which shows the rotational angle between the rear surface of the control panel 1 and the vertical structure shown in Fig. 10 is approximately 90 degrees) in the second opening section (Figs. 4 and 10, which show a second opening section in between the position of control panel 1 in Fig. 4 (i.e., end of the first opening section) and the position of control panel 1 in Fig. 10 (i.e., second position)) is larger than a rotational angle of the panel unit (Fig. 4, which shows the rotational angle between the rear surface of control panel 1 and the vertical structure shown in Fig. 4 is acute) in the first opening section (Figs. 2 and 4, which show a first opening section in between the position of control panel 1 in Fig. 2 and the position of control panel 1 in Fig. 4. Examiner notes the initial position of control panel 1 is vertical, so the rotational angle necessarily increases as the control panel 1 is rotated further away from the vertical axis. Therefore, the angle of control panel 1 in the intermediate position shown in Fig. 4 must necessarily be smaller than the angle of control panel 1 in the end position shown in Fig. 10).
Regarding claim 14, Viegas discloses the cooking appliance of claim 1, wherein in a process in which the panel unit (Fig. 5, control panel 1) is moved from the first position (Figs. 1 and 2 and Par. 0027, first position) to the second position (Fig. 10 and Par. 0027, second position), the panel unit is rotated on a connection portion (Figs. 6-10 and Par. 0031, housing 20) connected to the casing (Figs. 8 and 10, which show housing 20 is indirectly connected to the cavity within the casing via V-shaped piece 9), and at a same time, the connection portion is moved towards a lower side of the casing (Figs. 1-2 and 10, which show that as control panel 1 is rotated towards a lower side of the casing, housing 20 rotates towards a lower side of the casing too).
Regarding claim 16, Viegas discloses the cooking appliance of claim 14, wherein the opening device (Figs. 1-4 and Par. 0036, oblong cam 6, pin 7, and motor, as explained in claim 1), the pair of hinge modules (Par. 0028, hinge system), and the water tank (Fig. 5, water tank 2) are spaced apart from each other within the cavity (annotated Fig. A, which shows the structure labeled ‘cavity’ is a hollowed out space and is therefore a ‘cavity’) formed on an upper portion of the casing (Par. 0025, steam oven. One of ordinary skill in the art would understand a steam oven implicitly discloses a casing. Examiner notes each pair of the hinge system is spaced apart from each other horizontally and the oblong cam 6, pin 7, and motor are spaced apart vertically from the hinge system and water tank 2, as shown in Figs. 5 and 10).
Regarding claim 17, Viegas discloses the cooking appliance of claim 1, wherein in a process in which the panel unit (Fig. 5, control panel 1) is moved from the first position (Figs. 1 and 2 and Par. 0027, first position) to the second position (Fig. 10 and Par. 0027, second position), the panel unit is rotated on a connection portion (Figs. 6-10 and Par. 0031, housing 20) connected to the casing (Figs. 8 and 10, which show housing 20 is indirectly connected to the cavity within the casing via V-shaped piece 9), and at a same time, the connection portion is moved towards a front side and a lower side of the casing (Figs. 1-2 and 10, which show that as control panel 1 is rotated towards a front and a lower side of the casing, housing 20 rotates towards a front and a lower side of the casing too).
Regarding claim 20, Viegas discloses a cooking appliance (Par. 0025, steam oven), comprising:
a casing (Par. 0025, steam oven. One of ordinary skill in the art would understand a steam oven implicitly discloses a casing) having a cavity (annotated Fig. A, which shows the structure labeled ‘cavity’ is a hollowed out space and is therefore a ‘cavity’) and a tank chamber (annotated Fig. A, which is an enclosed space or chamber in which water tank 2 is located and is therefore a ‘tank chamber’) therein;
a door (Par. 0026, door) disposed at a front of the casing (Par. 0026, which discloses the control panel 1 is located above the door. Fig. 5 shows the control panel 1 is at the front of the steam oven, therefore, given the control panel 1 is located above the door, the door must necessarily be at the front of the steam oven and its associated casing) and configured to (capable of) open and close the cavity (One of ordinary skill in the art would understand the door is capable of opening and closing the cavity);
a water tank (Fig. 5, water tank 2) configured to (capable of) be inserted into and withdrawn from the casing through an entrance of the tank chamber (One of ordinary skill in the art would understand the water tank is capable of being inserted into and withdrawn from the housing 3), and having a water storage space therein (Fig. 5, space within water tank 2 which is capable of holding water and is therefore a ‘water storage space’);
a panel unit (Figs. 1-5, control panel 1) that moves from a first position in which the entrance of the tank chamber is covered (Fig. 2 and Par. 0027, first position) to a second position in which the entrance of the tank chamber is open (Fig. 10 and Par. 0027, second position); and
an opening device (Figs. 1-4 and Par. 0036, oblong cam 6, pin 7, and motor. Par. 0036 discloses the oblong cam 6, pin 7 and motor push the control panel 1 and therefore comprise an ‘opening device’ because they help open control panel 1 to provide access to water tank 2) disposed behind the panel unit when the panel unit is in the first position (Figs. 1-2) and having a cam (Figs. 1 and 3, oblong cam 6) that moves the panel unit along a first opening section (Figs. 2 and 4, which show a first opening section in between the position of control panel 1 in Fig. 2 and the position of control panel 1 in Fig. 4) starting from the first position (Fig. 2), wherein when the panel unit is in the first position, the cam is disposed between a lower end of the panel unit and an upper end of the panel (Fig. 2, oblong cam 6 is disposed between a lower and upper end of control panel 1).
Regarding claim 21, Viegas discloses a cooking appliance, comprising:
a casing (Par. 0025, steam oven. One of ordinary skill in the art would understand a steam oven implicitly discloses a casing) having a cavity (annotated Fig. A, which shows the structure labeled ‘cavity’ is a hollowed out space and is therefore a ‘cavity’) and a tank chamber (annotated Fig. A, which shows the structure labeled ‘tank chamber’ is an enclosed space or chamber in which water tank 2 is located and is therefore a ‘tank chamber’) therein;
a door (Par. 0026, door) disposed at a front of the casing (Par. 0026, which discloses the control panel 1 is located above the door. Fig. 5 shows the control panel 1 is at the front of the steam oven, therefore, given the control panel 1 is located above the door, the door must necessarily be at the front of the steam oven and its associated casing) and configured to (capable of) open and close the cavity (One of ordinary skill in the art would understand the door is capable of opening and closing the cavity);
a water tank (Fig. 5, water tank 2) configured to (capable of) be inserted into and withdrawn from the casing through an entrance of the tank chamber (One of ordinary skill in the art would understand the water tank is capable of being inserted into and withdrawn from the housing 3), and having a water storage space therein (Fig. 5, space within water tank 2 which is capable of holding water and is therefore a ‘water storage space’);
a panel unit (Figs. 1-5, control panel 1) that moves from a first position in which the entrance of the tank chamber is covered (Fig. 2 and Par. 0027, first position) to a second position in which the entrance of the tank chamber is open (Fig. 10 and Par. 0027, second position); and
an opening device (Figs. 1-4 and Par. 0036, oblong cam 6, pin 7, and motor. Par. 0036 discloses the oblong cam 6, pin 7 and motor push the control panel 1 and therefore comprise an ‘opening device’ because they help open control panel 1 to provide access to water tank 2) disposed behind the panel unit when the panel unit is in the first position (Fig. 2 and Par. 0027, first position) and having a cam (Figs. 1 and 3, oblong cam 6) that moves the panel unit along a first opening range (Figs. 2 and 4, which show a first opening section in between the position of control panel 1 in Fig. 2 and the position of control panel 1 in Fig. 4) starting from the first position (Fig. 2), wherein the panel unit is moved by an external force by a user (Par. 0037, “The second phase of the non-circular movement of the control panel (1) is carried out in the following way:
the control panel (1) is manually rotated;”) in a second opening section extending from an end of the first opening section to the second position (Figs. 4 and 10, which show a second opening section in between the position of control panel 1 in Fig. 4 (i.e., end of the first opening section) and the position of control panel 1 in Fig. 10 (i.e., second position)) wherein a rotational angle of the panel unit with respect to a vertical line extending along a front surface of the door in the second opening range (Fig. 10, which shows the rotational angle between 1) a vertical line extending along a front surface of control panel 1 and 2) the vertical structure shown in Fig. 10 is approximately 90 degrees) is larger than a rotational angle of the panel unit with respect to the vertical line in the first opening range (Fig. 4, which shows the rotational angle between 1) a vertical line extending along a front surface of control panel 1 and 2) the vertical structure shown in Fig. 4 is acute).
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, 5-7, 9-11, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Strutz et al. (US 11879643 B1, hereafter Strutz) in view of Cengiz et al. (WO 2018103967 A1, hereinafter Cengiz).
Regarding claim 1, Strutz discloses a cooking appliance (Col. 4, lines 61-65, appliance 10 which can be an oven), comprising:
a casing (Fig. 1, outer panels of appliance 10) having a cavity (Fig. 1, interior of functional unit 15) and a tank chamber (annotated Fig. D, tank chamber. The structure in annotated Fig. D which is a chamber for water reservoir 25 and is therefore a ‘tank chamber’. See Col. 5, lines 7-11, “Accordingly, the movable panel assembly 100 may be opened to allow access, removal, and/or replacement of one or more water reservoirs 25, which may be disposed within the component housing unit 30.”) therein;
a door (annotated Fig. E, door. One of ordinary skill would understand that given appliance 10 can be an oven and the front of functional unit 15 has a handle, the structure identified in Fig. E is a door that allows the user to open and close functional unit 15 to access and insolate food as needed) disposed at a front of the casing and configured to open and close the cavity;
a water tank (Fig. 12, water reservoir 25) configured to be inserted into and withdrawn from the casing through an entrance of the tank chamber (Col. 5, lines 7-11, as quoted above), and having a water storage space (Fig. 12, interior of water reservoir 25) therein;
a panel unit (Figs. 2-6, moveable panel assembly 100) that moves from a first position in which the entrance of the tank chamber is covered (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100) to a second position in which the entrance of the tank chamber is open (Fig. 12, which shows a second position in which the entrance to the tank chamber is open);
a pair of hinge modules (annotated Fig. F, hinge modules, which are jointed devices on which a part moves (i.e., moveable panel assembly 100), the structures identified as ‘hinge modules’ comprise a ‘pair of hinge modules’) respectively connected to opposite lateral ends of the panel (annotated Fig. F), each having a connection shaft (Figs. 15-18 and 22-26, fasteners 170 and 180), which serve as a rotational center of the panel (Figs. 22-26); and
an opening device (Figs. 14 and 16-17, motor 140, timing shaft 200, and eccentric cam 163) disposed between the pair of hinge modules (Fig. 16, at least motor 140 and timing shaft 200 are between the pair of hinge modules) and having a cam (Fig. 14, eccentric cam 163) that moves the panel unit along a first opening section starting from the first position (Fig. 26, which shows the position of the moveable panel assembly 100 in the first position to Fig. 23, which shows the position of the moveable panel assembly 100 at the end of the first opening section), wherein when the panel unit is in the first position, the cam is disposed higher than the rotational center of the panel (Fig. 15, top instance of eccentric cam 163 is disposed higher than fasteners 170 and 180).
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Fig. D: Annotated copy of Fig. 12 from Strutz showing location of prior art elements labeled with applicant’s terminology.
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Fig. E: Annotated copy of Fig. 1 from Strutz showing location of prior art elements labeled with applicant’s terminology.
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Fig. F: Annotated copy of Fig. 14 from Strutz showing location of prior art elements labeled with applicant’s terminology.
However, Strutz does not disclose the opening device is disposed between the pair of hinge modules and having a cam that moves the panel unit along a first opening section starting from the first position.
NOTE: Strutz discloses the opening device (Figs. 14 and 16-17, motor 140, timing shaft 200, and eccentric cam 163) is partially disposed between the pair of hinge modules (Fig. 16, at least motor 140 and timing shaft 200 are between the pair of hinge modules).
Cengiz discloses it is known for an opening device (Fig. 3, motor 9, shaft 10, eccentric transmission element 11) to be disposed at a center between both lateral ends of a water tank (Fig. 3, water tank 7) and having a cam (Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) that moves the water tank along a first opening section starting from the first position (Fig. 6, which shows the water tank 7 in a first position at the beginning of a first opening section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have suitably modified the opening device of Strutz with the opening device of Cengiz in order to dispose the entire opening device between the pair of hinge modules and thereby have a more balanced load distribution. Balancing the load distribution lengthens the time before material failure which decreases maintenance costs.
Regarding claim 5, Strutz, as modified above, discloses the cooking appliance of claim 1, wherein the opening device (Cengiz: Fig. 3, motor 9, shaft 10, eccentric transmission element 11) is disposed at a center between both lateral ends of the panel (Strutz: Figs. 2-6, moveable panel assembly 100).
Regarding claim 6, Strutz, as modified above, discloses the cooking appliance of claim 1, wherein the cam (Cengiz: Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) is eccentrically connected to a rotational shaft (Cengiz: Figs. 3-4 shaft 10) of the opening device (Cengiz: Fig. 3, motor 9, shaft 10, eccentric transmission element 11).
Regarding claim 7, Strutz, as modified above, discloses the cooking appliance of claim 1, wherein the cam (Cengiz: Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) partially protrudes toward a rear surface of the panel unit (Strutz: Figs. 2-6, rear surface of moveable panel assembly 100) during a rotational process (Examiner notes this limitation is necessarily met after the opening device of Strutz is modified with the same of Cengiz, as explained in claim 1. To elaborate, Cengiz discloses the eccentric transmission element 11 partially protrudes outward from the opening housing such that it contacts the back panel of the part that moves, water tank 7. Therefore, when Strutz is modified in view of Cengiz, eccentric transmission element 11 must necessarily partially protrude outward from the panels of appliance 10 of Strutz so eccentric transmission element 11 can contact the part that moves, moveable panel assembly 100 of Strutz).
Regarding claim 9, Strutz, as modified above, discloses the cooking appliance of claim 8, wherein in a state in which the cam (Cengiz: Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) is completely stored in the opening housing (annotated Fig. G), a distance from a rotational shaft (Cengiz: Figs. 3-4 shaft 10) of an opening motor (Cengiz: Fig. 3, motor 9) to a rear end of the cam is longer than a distance from the rotational shaft of the opening motor to a front end of the cam (annotated Fig. G).
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Fig. G: Annotated copy of Fig. 6 from Yamill showing location of prior art elements labeled with applicant’s terminology.
However, per MPEP 2125 II, proportions of features in a drawing are not evidence of actual proportions when drawings are not to scale. Yamill is silent regarding the scale of the drawings, therefore annotated Figure G does not in itself read on the claims.
Strutz, as modified above, does not disclose the claimed distance from a rotational shaft of an opening motor to a rear end of the cam is 6 to 10 times longer than a distance from the rotational shaft of the opening motor to a front end of the cam when the cam is completely stored in the opening housing. However, it has been held that “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP §2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Although, it has been further held that "[a] particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. Refer to MPEP §2144.05(II)(B)(quoting In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In this case, Yamill discloses an eccentric cam (Par. 0029) but does not specifically recite the portion of the cam that is connected to the shaft of the motor is biased such that a rotational shaft of an opening motor to a rear end of the cam is 6 to 10 times longer than a distance from the rotational shaft of the opening motor to a front end of the cam as claimed. Achieving 6 to 10 times longer distance is a results-effective variable because Yamill states “when the motor (9) is moved so as to rotate one turn, the transmission element (11) first pushes the water tank (7) forward so as to move the same outwards from the body (3), and then pulls back the water tank (7) so as to move the same into the body (3). Thus, the forward and backwards movement of the water tank (7) is easily controlled by means of the transmission element (11)” (Par 0029). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the claimed 6 to 10 times longer relative distance because the selection of the relative distance to move the panel unit a larger or shorter distance constitutes the optimization of design parameters, which fails to distinguish the claim.
Regarding claim 10, Strutz, as modified above, discloses the cooking appliance of claim 1, wherein the cam (Cengiz: Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) is disposed to face a rear surface of the panel unit (Strutz: Figs. 2-6, rear surface of moveable panel assembly 100) when the panel unit is in the first position (Strutz: Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100).
Regarding claim 11, Strutz discloses the cooking appliance of claim 1, wherein the panel unit (Figs. 2-6, rear surface of moveable panel assembly 100) is disposed further forward with respect to the casing (Fig. 1, outer panels of appliance 10) than a front surface of the door (annotated Fig. E, front surface of the door, as explained in claim 1) in the second position (Fig. 12, which shows a second position in which the entrance to the tank chamber is open (i.e., second position)).
Regarding claim 14, Strutz discloses the cooking appliance of claim 1, wherein in a process in which the panel unit is moved from the first position (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100) to the second position (Fig. 12, which shows a second position in which the entrance to the tank chamber is open), the panel unit (Figs. 2-6, moveable panel assembly 100) is rotated on a connection portion (Fig. 15, adjustment plates 161 and 162 and linkages 165 and 160) connected to the casing (Figs. 1 and 17, panels of appliance 10. Examiner notes linkages 165 and 160 are connected to the panels of appliance 10 via elevated portion 235), and at a same time, the connection portion is moved towards a lower side of the casing (Fig. 12).
Regarding claim 15, Strutz discloses the cooking appliance of claim 14, wherein the connection portion (Fig. 15, adjustment plates 161 and 162 and linkages 165 and 160) includes a plurality of connection shafts (Fig. 15, linkages 165 and 160), and wherein the plurality of connection shafts is connected to the panel unit (Figs. 2-6, moveable panel assembly 100) with different heights (Fig. 15) in the first position (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100).
Regarding claim 16, Strutz discloses the cooking appliance of claim 14, wherein the opening device (Cengiz: Fig. 3, motor 9, shaft 10, eccentric transmission element 11), the pair of hinge modules (annotated Fig. F, hinge modules, as explained in claim 1), and the water tank (Fig. 12, water reservoir 25) are spaced apart from each other within the cavity (Fig. 1, interior of functional unit 15) formed on an upper portion of the casing (Fig. 1, outer panels of appliance 10).
Regarding claim 17, Strutz discloses the cooking appliance of claim 1, wherein in a process in which the panel unit is moved from the first position (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100) to the second position (Fig. 12, which shows a second position in which the entrance to the tank chamber is open), the panel unit (Figs. 2-6, moveable panel assembly 100) is rotated on a connection portion (Fig. 15, adjustment plates 161 and 162 and linkages 165 and 160) connected to the casing (Figs. 1 and 17, panels of appliance 10. Examiner notes linkages 165 and 160 are connected to the panels of appliance 10 via elevated portion 235), and at a same time, the connection is moved towards a front side and a lower side of the casing (Fig. 12).
Regarding claim 18, Strutz discloses the cooking appliance of claim 1, wherein an upper surface of the panel unit (Figs. 2-6, upper surface of moveable panel assembly 100) in the second position (Fig. 12, which shows a second position in which the entrance to the tank chamber is open. See Fig. 24, which shows a side profile the second position) has a height lower than or equal to a lower end of the entrance of the tank chamber (annotated Fig. D).
Regarding claim 19, Strutz discloses the cooking appliance of claim 1, wherein a lower end of the panel unit (Figs. 2-6, lower end of moveable panel assembly 100) is disposed higher than an upper end of the door (annotated Fig. E, upper end of the door, as explained in claim 1) in the first position (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100), and wherein the lower end of the panel unit is disposed lower than the upper end of the door in the second position (Fig. 12, which shows a second position in which the entrance to the tank chamber is open. See Fig. 24, which shows a side profile the second position).
Regarding claim 20, Viegas discloses a cooking appliance (Par. 0025, steam oven), comprising:
a casing (Fig. 1, outer panels of appliance 10) having a cavity (Fig. 1, interior of functional unit 15) and a tank chamber (annotated Fig. D, tank chamber. The structure in annotated Fig. D which is a chamber for water reservoir 25 and is therefore a ‘tank chamber’. See Col. 5, lines 7-11, “Accordingly, the movable panel assembly 100 may be opened to allow access, removal, and/or replacement of one or more water reservoirs 25, which may be disposed within the component housing unit 30.”) therein;
a door (annotated Fig. E, door. One of ordinary skill would understand that given appliance 10 can be an oven and the front of functional unit 15 has a handle, the structure identified in Fig. E is a door that allows the user to open and close functional unit 15 to access and insolate food as needed) disposed at a front of the casing and configured to open and close the cavity;
a water tank (Fig. 12, water reservoir 25) configured to be inserted into and withdrawn from the casing through an entrance of the tank chamber (Col. 5, lines 7-11, as quoted above), and having a water storage space (Fig. 12, interior of water reservoir 25) therein;
a panel unit (Figs. 2-6, moveable panel assembly 100) that moves from a first position in which the entrance of the tank chamber is covered (Figs. 2 and 26, which show a first position in which the entrance to the tank chamber is covered by moveable panel assembly 100) to a second position in which the entrance of the tank chamber is open (Fig. 12, which shows a second position in which the entrance to the tank chamber is open); and
an opening device (Figs. 14 and 16-17, motor 140, timing shaft 200, and eccentric cam 163) disposed behind the panel unit when the panel unit is in the first position (Figs. 2 and 26) and having a cam (Fig. 14, eccentric cam 163) that moves the panel unit along a first opening section starting from the first position (Fig. 26, which shows the position of the moveable panel assembly 100 in the first position to Fig. 23, which shows the position of the moveable panel assembly 100 at the end of the first opening section), wherein when the panel unit is in the first position, the cam is disposed between a lower end of the panel unit and an upper end of the panel (Fig. 15).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Viegas et al. (EP 3594573 B1, hereafter Viegas).
Regarding claim 2, Viegas discloses the cooking appliance of claim 1, wherein a relative ratio of a height from a lower end of the panel unit to an installation position of the cam with respect to an overall height of the panel unit is 0.4 to 0.7 (annotated Fig. C. Examiner notes the relative ratio of the height from the lower end of control panel 1 to the bottom of oblong cam 6 with respect to the overall height of control panel 1 is greater than 0.5, but less than 0.7 and therefore reads on the claim).
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[AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (Relative ratio)][AltContent: textbox (0.75)][AltContent: textbox (0.5)][AltContent: textbox (0.25)]
Fig. C: Annotated copy of Fig. 4 from Viegas showing location of prior art elements labeled with applicant’s terminology.
However, per MPEP 2125 II, proportions of features in a drawing are not evidence of actual proportions when drawings are not to scale. Viegas is silent regarding the scale of the drawings, therefore annotated Figure C does not in itself read on the claims. Instead, it suggests that the relative ratio is close to the claimed range.
It would have been an obvious matter to make the relative ratio within the claimed 0.4 and 0.7 range since it has been held that when claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I), stating “It has been held that In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists…In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped)”.
Regarding claim 3, Viegas discloses the cooking appliance of claim 1.
Viegas does not disclose a ratio between a rotational distance of an upper end of the panel unit and a maximum protruding distance of the cam of the opening device is 0.9 to 1.2.
However, it has been held that “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP §2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Although, it has been further held that "[a] particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. Refer to MPEP §2144.05(II)(B)(quoting In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In this case, Viegas discloses the panel unit moves a rotational distance (Figs. 2 and 4, distance control panel 1 travels as it rotates) and the cam has a maximum protruding distance (Figs. 1 and 3, distance the narrow end of oblong cam 6 protrudes past the horizontal dashed line shown in Fig. 3) but does not specifically recite the ratio between these two values is 0.9 to 1.2, as claimed. Achieving a ratio of 0.9 to 1.2 is a results-effective variable because Kim states “The control panel (1) of the household appliance of the invention can be located in a position between the two end positions. The intermediate position is a position where the control panel (1) is partially open, the control panel (1) reaches this position after the oblong cam (6) has rotated and the pin (7) has pushed the control panel (1), such that the control panel (1) has been released of the latching system…. The first phase of the non-circular movement of the control panel (1) is carried out in the following way:
the oblong cam (6) rotates thanks to the motor which is in turn activated by the electronic control of the control panel (1),
the oblong cam (6) in its rotation pushes the pin (7),
the pin (7) in turn pushes the control panel (1) by the upper part of said control panel (1).
The second phase of the non-circular movement of the control panel (1) is carried out in the following way:
the control panel (1) is manually rotated;
the connecting rod (15) rotates around the pivot joint (17) between the connecting rod (15) and the pivot piece (8);
at the same time the V-shaped piece (9) rotates around the pivot joint (11) between the V-shaped piece (9) and the pivot piece (8),
at the same time the housing (20) of the hinge system rotates around the pivot joint (19) between the housing (20) and the connecting rod (8), and also around the pivot joint (14) between the housing (20) and the V-shaped piece (9).” (Pars 0034 and 0037-0037). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Viegas to achieve a ratio between a rotational distance of an upper end of the panel unit and a maximum protruding distance of the cam of the opening device that is between 0.9 and 1.2 because the selection of the aforementioned ratio prevents a mechanical conflict with the door of the household appliance such that the household appliance can continue cooking while the control panel rotates, as suggested by Par. 0023, which constitutes the optimization of design parameters and therefore fails to distinguish the claim.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Strutz et al. (US 11879643 B1, hereafter Strutz) in view of Cengiz et al. (WO 2018103967 A1, hereinafter Cengiz) and further in view of Bennett et al. (US 20140284946 A1, hereafter Bennett).
Regarding claim 8, Strutz, as modified above, discloses the cooking appliance of claim 1, wherein the opening device (Cengiz: Fig. 3, motor 9, shaft 10, eccentric transmission element 11) comprises:
an opening housing (annotated Fig. G) disposed inside of the casing (Strutz: Fig. 1, panels of appliance 10); and
an opening motor (Cengiz: Fig. 3, motor 9) disposed in the opening housing (Fig. 3, which shows shaft 10 extending out of the opening housing. Given shaft 10 is at the top of motor 9 (See Fig. 4) and motor 9 is not visible in Fig. 3, this necessarily means motor 9 is disposed in the opening housing), wherein the cam (Cengiz: Par. 0029, “the transmission element (11) is operated as a cam thanks to its eccentricity”) is configured to be rotated by the opening motor (Cengiz: Par. 0029, “When moved by the motor (9), the transmission element (11) is operated as a cam thanks to its eccentricity”), configured to partially protrude outward from the casing in a rotational process (Cengiz: Figs. 3 and 6, eccentric transmission element 11. Examiner notes this limitation is necessarily met after the opening device of Strutz is modified with the same of Cengiz, as explained in claim 1. To elaborate, Cengiz discloses the eccentric transmission element 11 partially protrudes outward from the opening housing such that it contacts the back panel of the part that moves, water tank 7. Therefore, when Strutz is modified in view of Cengiz, eccentric transmission element 11 must necessarily partially protrude outward from the panels of appliance 10 of Strutz so eccentric transmission element 11 can contact the part that moves, moveable panel assembly 100 of Strutz).
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Fig. G: Annotated copy of Fig. 6 from Yamill showing location of prior art elements labeled with applicant’s terminology.
However, Strutz, as modified above, does not disclose wherein the cam is disposed in the opening housing.
Bennett discloses it is known for a cam (Fig. 13, cam pin 110) to be disposed in an opening housing (Figs. 5 and 13, top housing member 119. Top housing member 119 is part of the latch 100, therefore it is an ‘opening housing’ because it supports opening and closing of the oven door (See Par. 0005)).
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 opening housing of Strutz, as modified above, with the top housing member 119 of Bennett in order to better protect the cam from dust, contamination, and/or damage and therefore increase the reliability of the opening device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kang et al (US 20200029721 A1) discloses a casing with a cavity and removable water tank.
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/E.A.L./Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762