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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2020-205004, filed on 12/10/2020.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“lid portion” in Claim 1
The generic placeholder is “lid portion” and the functional language attributed the “lid portion” includes: “configured to open and close the opening”.
“first circulation portion” in Claim 1
The generic placeholder is “circulation portion” and the functional language attributed the “circulation portion” includes: “configured to cause first air to circulate”.
“guide portion” in Claim 1
The generic placeholder is “guide portion” and the functional language attributed the “guide portion” includes: “configured to guide the first air toward the opening”.
“heating unit” in Claim 2
The generic placeholder is “heating unit” and the functional language attributed the “heating unit” includes: “configured to heat an object”.
“contributing portion” in Claim 2
The generic placeholder is “contributing portion” and the functional language attributed the “contributing portion” includes: “configured to contribute to the heating element”.
“second circulation portion” in Claim 6
The generic placeholder is “second circulation portion” and the functional language attributed the “second circulation portion” includes: “configured to cause the second air to circulate”.
“operation unit” in Claim 6
The generic placeholder is “operation unit” and the functional language attributed the “operation unit” includes: “configured to receive an operation”.
“moving member” in Claim 7
The generic placeholder is “moving member” and the functional language attributed the “moving member” includes: “configured to move along a specific direction”.
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.
Reference is made to the Specification filed on 06/09/2023.
Regarding the lid portion, Para. 0023, “The lid portion 21 is a substantially rectangular plate- like member.”, where the lid portion is assumed to be a part of a normal lid for an cooking device, like an oven
Regarding the first circulation portion, Para. 0017, “The first space R1 is an example of a "first circulation portion"”, where the first circulation portion is construed to be a space for air to circulate
Regarding the guide portion, Para. 0085, “More specifically, preferably, the guide portion 70 further includes an extending portion 72.”, where the guide portion is construed to be an extension out of an opening that lets air out
Regarding the heating unit, Para. 0033, “second air sending unit 14 is an example of a "heating unit"”, where the heating unit is construed to be any device that can heat up air
Regarding the contributing portion, Para. 0036, “The drive unit 133 is an example of a "contributing portion". The drive unit contributes to the "heating element" by driving the centrifugal fan and sending air to the heater.”, where the contributing portion is construed to be a drive device that operates the heater
Regarding the second circulation portion, Para. 0076, “The second groove portion 32 is an example of a "second circulation portion".”, where the second circulation is construed to be a space for air to circulate
Regarding the operation unit, Para. 0012, “The operation panel 3 is an example of an "operation unit".”, where the operation unit is construed to be a control device capable receiving inputs
Regarding the moving member, Para. 0027, “The support member 25 is an example of a "moving member".”, where the moving member is construed to be a part of a rail system
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 § 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 and 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlmann et al. (EP 0900985 A1, hereinafter Stahlmann) in view of Underwood et al. (US 20110209626 A1, hereinafter Underwood).
Regarding claim 1, Stahlmann discloses a heating cooking apparatus (Page 8, Para. 7, “Cooking oven, especially household oven”, where an oven is a heating cooking apparatus) comprising:
a heating cooking chamber including an opening (Page 7, last Para., “the door (9) closes a loading opening (16) of a cooking oven muffle (10), the muffle interior (15) of which is heated”, where the opening is the loading opening that leads to the heating cooking chamber or the muffle interior);
a housing accommodating the heating cooking chamber (Page 3, last Para., “a door 9 to close a loading opening 16 of the furnace muffle 10 and a housing 83.”, where the housing 83 accommodates the heating cooking chamber within);
a lid portion configured to open and close the opening (Page 3, last Para., “door 9 to close a loading opening 16 of the furnace muffle 10 and a housing 83.”, where the door 9 is the lid portion that opens and closes the opening or furnace muffle 10);
a first circulation portion configured to cause first air to circulate between an upper wall of the heating cooking chamber and an upper wall of the housing (Page 3, last Para., “Connection 84 provided via the vapors W from the muffle interior 15 is discharged into the air duct 75 and together with the cooling air K from the blow-out area 37 is blown out.”, where the air duct 75 is between an upper wall of the heating cooking chamber 10 and an upper wall of the housing 82, where the air duct in the embodiment presented in Fig. 4 includes a duct separation element or door handle 92 which separates the air flow into a first and second air flow, where the first air flow located below 92 would be in the first circulation portion of the air duct 75);
a first blow-out port from which the first air is blown out (Page 7, Para. 3, “Air duct 75 to one or more blow-out areas 37 'according to FIG 3 or 37' 'and 39 according to FIG 4, to return to the outside as the now heated cooling air K '' to be blown out.”); and
a guide portion configured to guide, toward the opening, the first air blown out from the first blow-out port (Page 7, Para. 5, “In the embodiment according to FIG. 4, the cooling air K '' through a blow-out area 37 ″in the door handle 92 and through another blow-out area 39 above the door handle 92 blown back into the outside space.”, where Fig. 4 shows that the blow-out area 39 includes an blow-out port located at the bottom of the handle 92, where the handle 92 is curved downwards and that curvature is construed to be the guide portion that guides a first air towards the opening located at the bottom of the handle 92).
Stahlmann does not disclose:
where first air is blown out from the first blow-out port when the lid portion opens the opening.
However, Underwood discloses, in the similar field of heating cooking apparatuses with air circulation (Abstract, “cooking device… The cooling device is connected to the user interface or the door by the duct.”), where air is blown out of a blow-out port when the lid portion opens the opening of the cooking device (Para. 0023, “When door 109 is opened after interior volume 120 is heated, cooking device 100 vents heat by releasing hot air and/or steam through open front portion 119.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the first air flow being blown out of the first blow-out port in Stahlmann to include the first air flow being blown when the lid portion opens the opening as taught by Underwood.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to increase the service life of a user interface when the door is opened, as the first air acts as a curtain of air that protects the user interface from drastic increases in temperature, as stated by Underwood, Para. 0023, “Airflow 185 keeps user interface 171 at a reduced temperature than without airflow 185. Airflow 185 creates an "air curtain" that creates a barrier between the hot air and steam that rises out of interior volume 120, and user interface 171. The air curtain is created so that when door 109 is opened the air curtain directs the hot air and steam away from user interface 171 and cushions portion 181 of user interface 171 in cool air. Airflow 185 protects user interface from the hot air and steam when door 109 is open and maintains user interface 171 cooler to the touch of a user than without airflow 185 to increase the service life of user interface 171.”.
Regarding claim 3, modified Stahlmann teaches the apparatus according to claim 1, as set forth above, discloses wherein the guide portion is disposed above the lid portion in a state where the opening is closed (Stahlmann, modified Fig. 4, where the guide portion is shown to be located above the lid portion when the opening is closed), and includes a protruding portion protruding toward an upper surface of the lid portion (Stahlmann, modified Fig. 4, where the protruding portion is shown to protrude towards the upper surface of the lid portion as the guide portion bends downwards).
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Modified Figure 4, Stahlmann
Regarding claim 4, modified Stahlmann teaches the apparatus according to claim 3, as set forth above, discloses wherein the protruding portion protrudes to a position lower than a predetermined position, and the predetermined position indicates an intermediate position between an upper end and a lower end of the first blow-out port (Stahlmann, modified Fig. 4.1, where the blow-out port is described as being between the upper end referenced by number 92 and the lower end referenced by number 30, where the protruding portion is shown to be reach a position lower than a predetermined position that is intermediate the upper and lower ends of the first blow-out port).
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Modified Figure 4.1, Stahlmann
Claims 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlmann et al. (EP 0900985 A1, hereinafter Stahlmann) in view of Underwood et al. (US 20110209626 A1, hereinafter Underwood) in further view of Jeong et al. (US 20130333685 A1, hereinafter Jeong).
Regarding claim 2, modified Stahlmann teaches the apparatus according to claim 1, as set forth above, discloses further comprising: a heating unit configured to heat an object to be heated accommodated in the heating cooking chamber (Stahlmann, Page 2, Para. 7 from end, “at least one heating device for heating the muffle interior”).
Modified Stahlmann does not disclose:
wherein the heating unit includes a heating element, and a contributing portion configured to contribute to the heating element, and the contributing portion is disposed in the first circulation portion.
However, Jeong discloses, in the similar field of heating cooking apparatuses (Para. 0032, “an oven”), where a heating unit includes a heating element that heats the cooking chamber (Para. 0038, “At least one heater 33 may be provided in the cooking room 30 so as to heat the object to be cooked.”), where a contributing portion contributes to the heating element and is located in the circulation portion (Para. 0038, “circulation fans 35 circulating air of the cooking room 30 and circulation motors 34 to drive the circulation fans 35 may be provided in the rear portion of the cooking room 30.”, where the contribution portion is the circulation motors 34 that contribute to the heating element by driving the circulation fans 35 so that the heated air from the heater can be circulated, where Fig. 2 shows that the circulation motors 34 are located in the a duct channel that leads outside through the discharge hole 66). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the first circulation portion in modified Stahlmann to include the heating unit’s heating element and contribution portion as taught by Jeong.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of cooling the fan motors down through the circulation duct, where positioning the motors in the duct allows for air to flow past the motors, as stated by Jeong, Para. 0044, “The discharge hole 66 may discharge air to the area in front of the oven 1. Through such a configuration, the machine room cooling apparatus 50 may cool the machine room 40 by sucking in air from the machine room 40 and discharging the sucked air to the area in front of the oven 1.”, where the circulation motors 34 are located within the machine room 40.
Claims 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlmann et al. (EP 0900985 A1, hereinafter Stahlmann) in view of Underwood et al. (US 20110209626 A1, hereinafter Underwood) in further view of McCormick (US 2158881 A).
Regarding claim 5, modified Stahlmann teaches the apparatus according to claim 3, as set forth above.
Modified Stahlmann does not disclose:
wherein the guide portion further includes an extending portion extending from a lower end portion of the protruding portion along the upper surface of the lid portion in the state where the opening is closed.
However, McCormick discloses, in the similar field of heating cooking apparatuses (Page 3, left column, lines 1-2, “This invention relates to ranges, more particularly to electric ranges”), where the guide portion further includes an extending portion extending from a lower end portion of the protruding portion along the upper surface of another structure (Modified Fig. 3, where the guide portion and extending portion are shown, where the extending portion extends outwards from the protruding section of the guide along an upper surface). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the guide portion with the protrusion that directs air outwards in modified Stahlmann to include the extending portion as taught by McCormick, where the extending portion would be parallel to the upper surface of the lid in a closed state in the combined apparatus of modified Stahlmann.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to specifically use flues to direct air outwards, where flues are known to direct smoke and waste gases, where the addition of the flue to the handle from Stahlmann can assist with preventing damages, as stated by McCormick, Page 4, right column, lines 48-50, “These respective portions are discharged from the flues through the openings 61 and 64 and 85.”.
Regarding the specific shape of the protruding portion and extension portion, it has been held that mere changes in shape are obvious modifications to make. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Both Stahlmann and McCormick disclose ducts or channels that direct air from a heating cooking apparatus outwards, where the difference is in the shape of the duct. It is the Examiner’s position that the ducts in Stahlmann and McCormick are able to achieve the same end result of discharging air and the shape only serves to direct air flow in a specific direction. As a result, the alteration of the shape of the duct to direct air flow in different directions still allows air to be discharged from the heating apparatus and would be a mere matter of user design choice in deciding which direction the air exiting should travel.
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Modified Figure 3, McCormick
Claims 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlmann et al. (EP 0900985 A1, hereinafter Stahlmann) in view of Underwood et al. (US 20110209626 A1, hereinafter Underwood) in further view of Yun et al. (US 20200191406 A1, hereinafter Yun).
Regarding claim 6, modified Stahlmann teaches the apparatus according to claim 1, as set forth above, discloses further comprising:
a second circulation portion including a second blow-out port from which second air is blown out (Stahlmann, Fig. 4, where the second blow-out port is where the upper air flow or second air flow from K” is discharged, where this second blow-out port extends from the upper end referenced by number 39 to lower end referenced by number 92), and configured to cause the second air to circulate above the first circulation portion and between the upper wall of the heating cooking chamber and the upper wall of the housing (Stahlmann, Fig. 4, where the second air or the upper air flow of K” is above the first circulation portion which is the bottom air flow of K”, where both air flows of K” are located between the upper wall of the heating cooking chamber 86 and the upper wall of the housing 82).
Modified Stahlmann does not disclose:
an operation unit configured to receive an operation, wherein at least a part of the operation unit is disposed in the second circulation portion.
However, Yun discloses, in the similar field of heating cooking apparatuses (Abstract, “A cooking appliance having a cooling system includes an oven”), where there are also two air flows (Fig. 9, where the air flows are shown by B1 and B2; Para. 0074, “The outside air (arrow Bl) introduced into the first suction port 18 provided in the front surface 15 of the oven 10 passes through the first cooling duct 60”, and Para. 0075, “The outside air (arrow B2) introduced into the second suction port 28 provided in the front surface 21 of the cooktop 20 passes through the second cooling duct 70”), where one air flow can include an operation unit that receives an operation and where that operation unit is located within the circulation portion of the air flow (Para. 0076, “At this time, when the outside cold air sucked into the second suction port 28 passes the electrical component 30 disposed inside the cooktop 20, the electrical component 30 is cooled.”, and where the electrical component is an operation unit that can receive operations, Para. 0052, “Alternatively, the electrical component 30 may include a display and a printed circuit board on which a processor configured to control the cooktop and the oven is disposed.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the second circulation portion of modified Stahlmann to include an operation unit as taught by Yun.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to use the air flow to cool down the operation unit so that overheating does not occur, as stated by Yun, Para. 0076, “the electrical component 30 is cooled. Therefore, the electrical component 30 may be prevented from being heated above a predetermined temperature by the radiant heat of the burner 50 generated when cooking with the cooktop 20 or the conductive heat of the oven 10 generated when cooking with the oven 10.”.
Claims 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlmann et al. (EP 0900985 A1, hereinafter Stahlmann) in view of Underwood et al. (US 20110209626 A1, hereinafter Underwood) in further view of Zhou et al. (US 20170086263 A1, hereinafter Zhou).
Regarding claim 7, modified Stahlmann teaches the apparatus according to claim 1, as set forth above.
Modified Stahlmann does not disclose:
further comprising: a moving member configured to move along a specific direction with respect to the heating cooking chamber, wherein the opening opens toward the specific direction, and the lid portion is fixed to the moving member to be substantially perpendicular to the specific direction.
However, Zhou discloses, in the similar field of heating cooking apparatuses (Abstract, “A drawer-type microwave oven includes: an oven body, defining an oven cavity therein”), where a moving member is configured to move laterally with respect to the heating cooking chamber (Para. 0056, “The guide rail 12 is fitted with the guide rail connecting plate 24, so as to support the drawer 20 and enable the drawer 20 to slide, so that the drawer 20 may be mounted securely and moved smoothly and steadily.”), where the opening opens towards that direction and the lid portion is fixed to the moving member to be perpendicular to the lateral direction (Para. 0040, “The drawer 20 is connected to the oven body 10 and disposed in the oven cavity and between a closed position and an opened position in a push-pull way. The drawer 20 is provided with a door 21 at an end thereof, so that the drawer 20 may drive the door 21 to open or close the oven cavity.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the door or lid portion of modified Stahlmann to be a drawer type of door mechanism as taught by Zhou.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to use the drawer type of door mechanism to save labor, as the door can assist with opening and closing through providing a driving device that applies force to the door, as stated by Zhou, Para. 0048, “the drawer driving device 30 operates and drives the drawer 20 to be moved to the opened position, as a result, it is not required to fully manually open door by means of applying a force with hands during the door opening operations. The drawer-type microwave oven 100 may be changed into the automatic door opening mode from the manual door opening mode, such that the door may be opened steadily with saved labor.”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Has et al. (DE 102008044234 A1, hereinafter Has) discloses a similar duct with two air flows, where one air flow includes a sensor within.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN GUANHUA WEN whose telephone number is (571)272-9940 and whose email is kevin.wen@uspto.gov. The examiner can normally be reached Monday-Friday 10:00 am - 6:00 pm.
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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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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
03/13/2026