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 .
Drawings
The drawings are objected to because Figs. 1 (top left), 2 (top center) and 10 (top left) contain what appear to be errant mouse pointers as part of the drawings. 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.
Specification
The disclosure is objected to because of the following informalities: The reference numeral 33 is referred to both as a “moving body” (page 11) and as a “moving heater” (several instances). Despite the term “moving heater” being used more regularly in the Specification than “moving body” it is believed that “moving body” is the intended recitation as the drawings disclose the “heater” embedded within a moving “body.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-17 and 24-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claim term “a moving heater including the heater” is indefinite. The heater is already included as part of the moving heater module and “moves.” The related structure in the specification is “moving body” or “moving heater” both indicated with reference numeral 33. As such it is unclear if this limitation is introducing a second heater “moving heater” or is intended to refer to the heater body structure.
The Examiner believes that the intended recitation is likely “moving body” (see also specification objection above) and has interpreted the “moving heater” to be the entire body which incorporates the heater elements.
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.
Claim(s) 12-16,20,22-28 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 1020070008043 to Park in view of US 20180092486 to Kwon.
Regarding claims 12, 14 and 23
Park teaches: A cooking appliance (Fig. 1), comprising: a cavity (interior of microwave shown in Fig. 1) including: a cooking space (open space where tray 2 is shown); and an accommodation space located above the cooking space (see space where microwave components are located above cooking space in Fig. 1; generally at opening 10 and above); an opening above the accommodation space (Fig. 1) a microwave generator (12) configured to generate microwaves into the cooking space (abstract) and a moving heater choke (42) provided in a gap between the moving heater module and the cavity (Fig. 1), the moving heater choke being configured to attenuate the microwaves (abstract).
Park does not teach: a moving heater module accommodated in the accommodation space, the moving heater module being configured to move into the cooking space; a moving heater module controller configured to control the moving heater module.
Kwon teaches providing moving heater modules (110, 163 and all associated actuation structure which goes into panel 10g) in an accommodation space (interior of 10g) of a microwave (Fig. 13) the heater module being configured to move into the cooking space (Fig. 13).
As such it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Park to provide a heater in the accommodation space that is configured to move into the cooking space, as taught by Kwon in order to provide a mixed heating regime for the microwave oven that can provide the benefits of mixed cooking (see ¶ [0004] of Kwon).
Regarding claim 13
Park as modified further teaches: wherein the moving heater module controller (163) is disposed in the moving heater module (Kwon: Figs. 13).
Regarding claim 15 and 26
Park as modified further teaches: wherein the heating module further includes a housing (120) disposed in the opening (Fig. 12 when closed, see rotation arrows) and the link is rotatably supported on the housing (in that it pivots).
Regarding claim 16
Park as modified further teaches: A driving source (Kwon: 110b) disposed on the housing; a moving heater including the heater (as can be seen in Fig. 13, the heater moves; see also 35 USC §112(b) above); and a link (110a) connected to the moving heater and configured to be rotated when the driving source is driven (See rotation of 100 shown in Fig. 12).
Regarding claim 20
Park as modified further teaches: wherein the moving heater choke is disposed in the upper cavity (Park: Fig. 1).
Regarding claim 22
Park as modified further teaches: wherein the moving heater choke includes: a horizontal plate (Park: Fig. 1, see lower plate shaped portion of 42) disposed in the gap (Fig. 1); and a choke body (upper portion of 42) extending upwards from the horizontal plate (Fig. 1).
Regarding claims 23 and 24
Wherein the wherein the moving heater module includes: a moving heater including a heater (110); a driving source (Kwon: actuator “various gears” for 110a/b as described in [0172]); a power transmission member (110b); and a link (110a) wherein the power transmission member drives the link (Fig. 12, see motion shown by arrows as 110a is driven it causes 110a to rotate).
Regarding claim 25
Wherein the power transmission member transmits a driving force of the driving source to the link (Kwon: Fig. 10 see moving arrows).
Regarding claim 26
Wherein the link is rotatably supported on the housing (Kwon: Fig. 10).
Regarding claim 27
Wherein the power transmission member causes the link to be rotated to move the moving heater into or out of the cooking space (see movement arrows in Fig. 12).
Regarding claim 28
Wherein the moving heater includes a reflector (120) configured to reflect heat generated by the heater, toward the cooking space (Fig. 12).
Regarding claim 30
wherein the moving heater choke includes: a body (lower plate shaped portion of choke 42); and a plurality of chokes protruding from the body, the plurality of chokes being spaced apart from one another (one could consider each of the choke protrusions 42c “chokes”).
Allowable Subject Matter
Claims 17-19, 21 and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. These claims each have an integration of the heater and the choke in a way that is not anticipated or made obvious by the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOODY A LEE JR whose telephone number is (571)272-1051. The examiner can normally be reached Monday - Friday 0800-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward "Ned" Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WOODY A LEE JR/ Primary Examiner, Art Unit 3761
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