DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election of Group I drawn to claims 29-41 (without traverse) and species 1 drawn to claims 29-30, and 32-48 (with traverse) is acknowledged. The Applicant’s traversal has been fully considered and are persuasive. Hence, claims 31, 42-48 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups and species, there being no allowable generic or linking claim. Election was made in the reply filed on 05/11/2026.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 06/02/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a cleaning device” in claim 1 must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 an 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.
Regarding claim 1, claim limitation 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: the cleaning device being configured to convey water.
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.
In this case, the limitation “cleaning device” being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents as disclosed para 0074 “an automatic cleaning device of the cooking appliance which comprises a supply line 55 by which liquid from the water reservoir 37 can be introduced into the cooking chamber 3 by means of a circulating pump 57”.
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 § 102
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 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 29-30, 32, 34-35, 37-41 are rejected under 35 U.S.C. 102(a)(2) as being anticipated over Clauss (US 20220186938 A1).
Regarding independent claim 29, Clauss discloses, a cooking appliance (see steam treatment appliance 1 in Fig. 1) for commercial kitchens comprising a cooking chamber (see main chamber 5a of receiving container 5) for cooking food to be cooked, a heating device for heating a cooking chamber atmosphere (disclosed in para 0020 “it has at least one heating element for heating the steam treatment space, and can then also be described as a steam cooking appliance, and its steam treatment space as a cooking space. In particular the steam treatment appliance can be a cooking appliance, e.g. an oven, with additional steam treatment functionality. Optionally items placed in the cooking space can be cooked without adding steam, cooked while adding steam, or just treated with steam”), an appliance controller (see control facility 12) for controlling the cooking appliance (disclose di para 0108 “The steam generator 9 is fitted with a level sensor 11, by means of which a maximum level and a minimum level (e.g. empty status) of liquid in the steam generator 9 can be detected in this case. The steam treatment appliance 1 is equipped such that it can effect switching of the shutoff valve 3 depending on a level detected by the level sensor 11. In a possible development the steam treatment appliance 1 has a control facility 12 for this”), and a cooking chamber outlet (see annotated Fig. 1) located below a floor of the cooking chamber (see floor of main chamber 5a of container 5 annotated Fig. 1) and provided for draining off a fat-water mixture and gaseous components (residual water) of the cooking chamber atmosphere from the cooking chamber (see Fig. 1 and disclosed in para 0121 “A cleaning sequence for cleaning water-carrying parts and components of the steam treatment appliance 1 can be broken down, in a variant, into three phases, specifically a phase for introducing the cleaning product, a circulation phase or actual cleaning phase in which the cleaning product is circulated in the steam treatment appliance 1 to clean it, and a subsequent rinsing phase for removing cleaning product residues”),
wherein the cooking chamber outlet (seen annotated Fig. 1) extends from a drain opening (see discharge opening 6) in a floor region of the cooking chamber (see annotated Fig. 1) to a siphon device (see siphon 7),
wherein a fat collection device (see steam generator 9) is provided, the fat collection device (9) comprising at least one fat collection container (see container of steam generator 9 annotated in Fig. 1), at least one fat extraction line (see annotated Fig. 1), at least one suction pump (see suction pump 14) and at least one fat discharge line (see annotated Fig. 1),
wherein the fat extraction line (see annotated Fig. 1) extends from the fat collection container (see annotated Fig. 1) to the suction pump (see annotated Fig. 1),
wherein the suction pump (14) is configured to convey the fat-water mixture extracted (disclosed in para 0120 “The pump 14 then pumps residual water located in the steam generator 9 out of the steam treatment appliance 1 via the temporary waste water outlet 20”) via the fat extraction line into the fat discharge line (see annotated Fig. 1), and
wherein a cleaning device (see drawer 17 with drawer 19 in Fig. 1) is provided, the cleaning device (17) being configured to convey water at least via the fat extraction line and the fat collection container (see annotated Fig. 1) into the cooking chamber outlet (see annotated Fig. 1 and disclosed in para 0124 “In the rinsing phase the drawer 19 is opened similar to FIG. 2B and the pump 14 activated while fresh water FW is fed in through the open shutoff valve 3. Additionally the fresh water FW can be circulated similar to the circulation phase, only then being discharged via the open drawer 19. This produces the advantage that the pipe 21 is also rinsed through”, in other words, when the pump 14 is activated the fresher water is fed from the valve 3 into the container 5, wherein the water is conveyed from the fat collection container to the drawer 19, wherein the drawer 19/cleaning device is conveyed the water back to the container 5 into the annotated cooking chamber outlet in a direction towards the siphon device 7) in a direction towards the siphon device (7).
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Regarding claim 30, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the cooking appliance is a combi-steamer comprising the cooking chamber for cooking food to be cooked arrangeable on a plurality of cooking levels (disclosed in para 0020 “it has at least one heating element for heating the steam treatment space, and can then also be described as a steam cooking appliance, and its steam treatment space as a cooking space. In particular the steam treatment appliance can be a cooking appliance, e.g. an oven, with additional steam treatment functionality. Optionally items placed in the cooking space can be cooked without adding steam, cooked while adding steam, or just treated with steam”).
Regarding claim 32, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the fat collection container is located in an initial region of the cooking chamber outlet (see annotated Fig. 1).
Regarding claim 34, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses a branch line (see annotated Fig. 1) for draining off gaseous components of a fluid or vapours discharged from the cooking chamber into the cooking chamber outlet branches off the cooking chamber outlet between the fat collection container and the siphon device (see annotated Fig. 1).
Regarding claim 35, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the water of the cleaning device used for flushing the fat collection device is heated (disclosed in para 0078 “the steam generator can be activated during a cleaning sequence, in particular during a circulation phase of same, such that the cleaning product is heated, advantageously to a temperature below its boiling temperature. This achieves the advantage of noticeably increasing the effectiveness of the cleaning product”).
Regarding claim 37, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the fat discharge line comprises a riser pipe (see annotated Fig. 1) arranged at a pump outlet (see valve 15 in Fig. 1) of the suction pump (14) and extending upwardly from there over a certain portion (see Fig. 1).
Regarding claim 38, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the cleaning device (see drawer 17 with drawer 19 in Fig. 2) has a water supply (see fresh water network FWN by way of a fixed water connection 2 in Fig. 1) and wherein the fat collection device (see steam generator 9) has a shut-off valve (see shutoff valve 3 in Fig. 1) at an inlet of the water supply (see Fig. 1) of the cleaning device (see steam generator 9) into the fat extraction line (see Fig. 1), such that, after shutting off the fat extraction line, the cleaning device can clean the suction pump and the fat discharge line by flushing through (disclosed in para 0124 “In the rinsing phase the drawer 19 is opened similar to FIG. 2B and the pump 14 activated while fresh water FW is fed in through the open shutoff valve 3. Additionally the fresh water FW can be circulated similar to the circulation phase, only then being discharged via the open drawer 19. This produces the advantage that the pipe 21 is also rinsed through”).
Regarding claim 39, Clauss discloses, the cooking appliance of claim 38, and Clauss further discloses wherein the water supply (2) comprises at least one water supply line (see annotated branch line in Fig. 1) leading into the riser pipe (see annotated Fig. 1) above the suction pump (14, see annotated Fig. 1).
Regarding claim 40, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the fat collection device (see steam generator 9) comprises the cleaning device (see drawer 17 with drawer 19 in Fig. 2).
Regarding claim 41, Clauss discloses, the cooking appliance of claim 29, and Clauss further discloses wherein the cleaning device comprises a water supply line (see annotated branch line in Fig. 1) connected to the fat discharge line (see annotated in Fig. 1) and connectable to a water source (2).
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 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.
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.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Clauss in view of Menominee (US 20170122570 A1).
Regarding claim 33, Clauss discloses, the cooking appliance of claim 29, but Clauss does not explicitly disclose wherein an end portion of the fat collection container is configured in a ramp-shaped manner in a direction towards the siphon device.
Nonetheless, Menominee teaches, wherein an end portion of the fat collection container (see reservoir 22 in Fig. 2) is configured in a ramp-shaped manner in a direction towards (see Fig. 2 and disclosed in para 0057 “the reservoir chamber 22 provides a generally enclosed box having a bottom wall 32 sloping downwardly from an end closest to the drainpipe 28 to an opposite end adjacent to a grease discharge port 34.”) the drainage aperture (24, see Fig. 2)
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the shape of the end portion of the fat collection container of Clauss so as the end portion of the fat collection container is configured in a ramp-shaped manner in a direction towards the siphon device as taught/suggested by Menominee in order to prevent the fat from flowing back into the cooking chamber.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Clauss in view of Behle (US 20150059807 A1).
Regarding claim 36, Clauss discloses, the cooking appliance of claim 29, but Clauss does not explicitly disclose wherein the suction pump is configured as a pump which can be flowed through in both directions, whereby it can be flowed through against a pumping direction.
Behle teaches, the suction pump (see reversible detergent pump 122 and reversible rinse pump 124 in Fig. 7) is configured as a pump which can be flowed through in both directions, whereby it can be flowed through against a pumping direction (disclosed in para 0049 “Cleaning system 26 differs from cooking oven 60 by eliminating the 3/2-way valve and by replacing one way detergent pump 34 and one way rinse pump 36 with a reversible detergent pump 122 and a reversible rinse pump 124, respectively. In operation, controller 70 operates reversible detergent pump 122 and reversible rinse pump 124 to supply detergent and rinse fluid via pipe system 32 to oven cavity 24 as described above. At the end of a detergent step and at the end of a rinse step, controller 70 operates reversible detergent pump 122 and reversible rinse pump 124 to remove or purge by suction any residual detergent or rinse fluid from pipe system 32 to detergent reservoir 28 and to rinse reservoir 30, respectively”).
It would have been obvious to one having ordinary skill in the art at the time before the effective filling date (post AIA ) to modify the suction pump of Clauss so as the suction pump is configured as a pump which can be flowed through in both directions, whereby it can be flowed through against a pumping direction as taught/suggested by Behle in order to effectively remove and purge the fat.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571) 272-6015. The examiner can normally be reached Monday-Friday approx. 9:00 am-5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VY T NGUYEN/Examiner, Art Unit 3761
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