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 .
Drawings
The drawings are objected to because of mislabeled reference characters in Figs. 2 and 3. From the specification description of these figures, branches of the steps in the flow chart (namely steps S3, S6, and S10 in Fig. 2 and S5a in Fig. 3) should be designated with either “N” or “Y” for yes or no, respectively. However, these figures currently designate all “Y” branches with a “J” likely resulting from a missed translation from the foreign priority document. Applicant should correct these reference characters in the figures to match what is detailed in the specification.
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:
“senor” should be corrected to –sensor-- in [PG Pub: 0036].
“a first “switch” temperature threshold value Tsw_2” should be corrected to --a second “switch” temperature threshold value Tsw_2-- in [PG Pub: 0046].
“In step S5b first power factors are set” should be corrected to --In step S5b first power factors A are set-- in [PG Pub: 0078].
“second power factors A*” should be corrected to --first power factors A*-- in [PG Pub: 0085].
Appropriate correction is required.
Claim Interpretation
No claim limitations have been interpreted under 35 U.S.C. 112(f).
Regarding claim 1, the term “pressureless” is interpreted as meaning that “no or no significant overpressure builds up or can build up” as defined in the specification [PG Pub: 0021].
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.
(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.
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Annotated Figure 1. Figs. 1 and 2 disclosed by Zougou, annotated to show claimed elements of the steam cooking appliance.
Claims 11, 12, 15, 17, 19, 20, 21, 22, 25, 27, 29, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zougou (US 2007/0272676 A1).
Regarding claim 11, Zougou discloses a steam cooking appliance (microwave oven 10 [Figs. 1 and 2, 0044]; please note that microwave generating components are not included in the limitations discussed below; see Annotated Figure 1), comprising:
a pressureless cooking chamber (heating chamber 12 [Figs. 1 and 3, 0044]);
a cooking chamber heat radiator designed to heat the cooking chamber (heaters 13 [Fig. 2, 0044]);
a cooking chamber temperature sensor designed to detect a cooking chamber temperature (thermistor 20 [Fig. 1, 0044]);
a steam generator (evaporation dish 17 and storage part heating part 18 [Fig. 1, 0044]) including a heating element (storage part heating part 18) designed to heat water to produce steam for supply to the cooking chamber (“the storage part heating part 18 serving as the steam supply means” [0044]);
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Annotated Figure 2. Fig. 4 disclosed by Zougou, annotated to show claimed elements of the regulators and their connection to the cooking appliance.
a first regulator (chamber temperature control portion 30 of control part 19 [Fig. 4, 0054]) operably connected to the cooking chamber heat radiator (chamber temperature control portion 30 controls heaters 13 [Fig. 4, 0054]) and designed to use during a regulating phase the cooking chamber temperature as a control variable (“detect signal” produced from thermistor 20 [0054]) and to use a first regulator target value (reference temperature [0054] delivered from a first branch of compare and judge portion 29; see Annotated Figure 2) as a reference variable (chamber temperature control portion 30 receives an instruction from compare and judge portion 29 following a determination of a “detect signal” from the thermistor 20 and a reference temperature [0054, 0057]); and
a second regulator (steam control portion 31 [Fig. 4, 0054]) operably connected to the heating element of the steam generator (steam control portion 31 controls the storage part heating part 18 [Fig. 4, 0054]) and designed to adopt during the regulating phase the cooking chamber temperature as a control variable (“detect signal” produced from thermistor 20 [0054]) and to adopt a second regulator target value (reference temperature [0054] delivered from a second branch of compare and judge portion 29; it should be noted that while the reference temperature used by the compare and judge portion 29 is the same reference temperature used for producing instructions for the chamber temperature control portion 30, the instructions using the reference temperature are sent to the two regulators in separate branches; see Annotated Figure 2) as a reference variable (steam control portion 31 receives an instruction from compare and judge portion 29 following a determination of a “detect signal” from the thermistor 20 and a reference temperature [0054, 0057]),
wherein the first regulator target value is greater than or equal to the second regulator target value (the reference temperature of the chamber temperature control portion 30 and the steam control portion 31 are the same reference temperature, i.e., equal in value).
Regarding claim 12, Zougou discloses that the first regulator target value is up to 5°C greater than the second regulator target value. Specifically, these values are disclosed to be equal (both reference values are given via instructions from the compare and judge portion 29 [0054, 0057]), i.e., less than 5°C different from one another.
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Annotated Figure 3. Fig. 5A disclosed by Zougou, annotated to show elements of the heat up and regulating phases.
Regarding claim 15, Zougou discloses that the first regulator target value and the second regulator target value are a function of a setpoint cooking chamber temperature. The compare and judge portion 29 provides instructions following determination of the detect signal and the reference temperature [0054]. In operation, the heaters 13 and storage part heating part 18 are controlled by the chamber temperature control portion 30 and steam control portion 31, respectively, to maintain a reference temperature in the chamber which is equivalent to a given heat retaining temperature [0008, 0057]. Thus, the regulator target values are related to the setpoint cooking chamber temperature by: reference temperature = given heat retaining temperature.
Regarding claim 17, Zougou discloses that during a heat up phase (initial phase described in [0060, Fig. 5A]; see Annotated Fig. 3) the steam cooking appliance is designed to heat up the cooking chamber at a start of a steam cooking operation and then to transition to the regulating phase (the heaters quickly heat up the chamber at the “start of heat retention” [Fig. 5A, 0060]; once the heating chamber 12 reaches the heat retaining temperature, the heaters are turned down, and the heat retaining temperature is maintained [Fig. 5A, 0060]).
Regarding claim 19, Zougou discloses that the cooking chamber heat radiator is embodied as a bottom heat heating unit (heaters 13 are disposed at the upper and lower portions of the heating chamber 12 [Fig. 2, 0046]) and activated at least in one phase to carry out the steam cooking operation (activation of heaters 13 is discussed in [0060] regarding a heat up phase and a heat-retaining phase [also seen in Fig. 5A]; see Annotated Figure 3).
Regarding claim 20, Zougou discloses that the cooking chamber heat radiator is embodied as a bottom heat heating unit (heaters 13 are disposed at the upper and lower portions of the heating chamber 12 [Fig. 2, 0046]) and activated at least in one phase to carry out the heat up phase (activation of heaters 13 is discussed in [0060] regarding a heat up phase [also seen in Fig. 5A]; see Annotated Figure 3).
Regarding claim 21, A method for operating a steam cooking appliance (heat retaining method detailed in Figs. 4 and 5A and [0054-0060]), the method comprising:
actuating with a first regulator (chamber temperature control portion 30 of control part 19 [Fig. 4, 0054]) a cooking chamber heat radiator (heaters 13 [Fig. 2, 0044]) for heating a cooking chamber of the steam cooking appliance based on a cooking chamber temperature as a control variable (a “detect signal” is measured by the thermistor 20 [0054]) and a first regulator target value (reference temperature [0054] delivered from a first branch of compare and judge portion 29; see Annotated Figure 2) as a reference variable (chamber temperature control portion 30 receives an instruction from compare and judge portion 29 following a determination of a detect signal from the thermistor 20 and a reference temperature [0054, 0057]) during a regulating phase (this control process occurs while maintaining a heat retaining temperature in the heating chamber 12 [Fig. 5A, 0057]); and
actuating with a second regulator (steam control portion 31 [Fig. 4, 0054]) a heating element of a steam generator (the steam generator comprises evaporation dish 17 and storage part heating part 18, with storage part heating part 18 acting as the heating element [Fig. 1, 0044]) for heating water to produce steam for supply to the cooking chamber (“the storage part heating part 18 serving as the steam supply means” [0044]) based on the cooking chamber temperature as a control variable (a “detect signal” is measured by the thermistor 20 [0054]) and a second regulator target value (reference temperature [0054] delivered from a second branch of compare and judge portion 29; it should be noted that while the reference temperature used by the compare and judge portion 29 is the same reference temperature used for producing instructions for the chamber temperature control portion 30, the instructions using the reference temperature are sent to the two regulators in separate branches; see Annotated Figure 2) as a reference variable during the regulating phase (this control process occurs while maintaining a heat retaining temperature in the heating chamber 12 [Fig. 5A, 0057]).
wherein the first regulator target value is greater than or equal to the second regulator target value (the reference temperature of the chamber temperature control portion 30 and the steam control portion 31 are the same reference temperature, i.e., equal in value).
Regarding claim 22, Zougou discloses that the first regulator target value is up to 5°C greater than the second regulator target value. Specifically, these values are disclosed to be equal (both reference values are given via instructions from the compare and judge portion 29 [0054, 0057]), i.e., less than 5°C different from one another.
Regarding claim 25, Zougou discloses that the first regulator target value and the second regulator target value are a function of a setpoint cooking chamber temperature. The compare and judge portion 29 provides instructions following determination of the detect signal and the reference temperature [0054]. In operation, the heaters 13 and storage part heating part 18 are controlled by the chamber temperature control portion 30 and steam control portion 31, respectively, to maintain a reference temperature in the chamber which is equivalent to a given heat retaining temperature [0008, 0057]. Thus, the regulator target values are related to the setpoint cooking chamber temperature by: reference temperature = given heat retaining temperature.
Regarding claim 27, Zougou discloses the method further comprising heating up during a heat up phase the cooking chamber of the steam cooking appliance (initial phase described in [0060, Fig. 5A]; see Annotated Fig. 3) at a start of a steam cooking operation and then transitioning to the regulating phase (the heaters quickly heat up the chamber at the “start of heat retention” [Fig. 5A, 0060]; once the heating chamber 12 reaches the heat retaining temperature, the heaters are turned down, and the heat retaining temperature is maintained [Fig. 5A, 0060]).
Regarding claim 29, Zougou discloses the method further comprising:
embodying the cooking chamber heat radiator as a bottom heat heating unit (heaters 13 are disposed at the upper and lower portions of the heating chamber 12 [Fig. 2, 0046]); and
activating the bottom heat heating unit at least in one phase to carry out the steam cooking operation (activation of heaters 13 is discussed in [0060] regarding a heat up phase and a heat-retaining phase [also seen in Fig. 5A]; see Annotated Figure 3).
Regarding claim 30, Zougou discloses the method further comprising:
embodying the cooking chamber heat radiator as a bottom heat heating unit (heaters 13 are disposed at the upper and lower portions of the heating chamber 12 [Fig. 2, 0046]); and
activating the bottom heat heating unit at least in one phase to carry out the heat up phase (activation of heaters 13 is discussed in [0060] regarding a heat up phase [also seen in Fig. 5A]; see Annotated Figure 3).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 16, 18, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Zougou (US 2007/0272676 A1) in view of Fraccon (US 2006/0289438 A1).
Regarding claim 16, Zougou discloses each of the limitations of claim 15, however, Zougou does not expressly disclose the setpoint cooking chamber temperature is above a boiling temperature of water. Specifically, Zougou discloses that the steam cooking appliance of claim 11 is used for a heat retaining process in which cooked food is kept warm (65-75°C [0090]) in the cooking chamber [0008].
Fraccon teaches a household oven (oven 10 [Fig. 1, 0018]) with a heating system (heating system 35 with upper heating element 36 and lower heating element 38 [Fig. 2, 0020]) and a steam system (steam system 44 with boiler 46 [Fig. 2, 0021]). Both systems are controlled to regulate the temperature and humidity of the inside of the oven via a controller (controller 30 [Figs. 2 and 3, 0022]; the controller 30 provides instructions to the systems regarding the desired temperature of cavity 14 [0022]) during a steam cooking process. The temperature is controlled to reach a cooking temperature, which is above a boiling temperature of water. Fig. 6 illustrates setpoint cooking chamber temperatures for several exemplary programs [discussed in detail in 0032], each of which are above the boiling temperature of water.
Zougou discloses a steam cooking appliance with a setpoint cooking chamber temperature of 65-75°C for keeping food warm. Fraccon teaches a steam cooking appliance with a setpoint cooking chamber temperature above the boiling temperature of water for a steam cooking process. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the steam cooking appliance disclosed by Zougou to include a range of temperatures above the boiling temperature of water for a steam cooking process as taught by Fraccon. Specifically, because Zougou discloses the appliance and method for keeping cooked food warm, one of ordinary skill in the art could have used the teaching of Fraccon to include a cooking stage within the appliance disclosed by Zougou. One of ordinary skill in the art would have been motivated to make this modification in order to cook the food within the same chamber in which its heat will be retained. Further, one of ordinary skill would have recognized that while 65-75°C is a proper temperature for maintaining cooked food as disclosed by Zougou [Zougou: 0011], a higher temperature must be used in order to properly cook the food first and, regarding the exemplary programs taught by Fraccon, the “LOW” and “HIGH” temperatures are both taught to be “sufficient for cooking most foods” [Fraccon: 0037]. Moreover, one of ordinary skill in the art would have had a reasonable expectation of success with this modification as both references deal with steam ovens, and further, Zougou discloses an alternative “start of heat retention” process, wherein the heater must allow the heating chamber to cool from a higher temperature following a cooking process (note that the cooking process itself is not disclosed) [Fig. 5B, 0060], indicating that the oven, as disclosed, is capable of reaching cooking temperatures, i.e., above the boiling temperature of water.
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Annotated Figure 4. Fig. 5 disclosed by Fraccon, annotated to show elements of the heat up phase sub-phases.
Regarding claim 18, Zougou discloses each of the limitations of claim 17, however, Zougou does not expressly disclose the heat up phase comprises a number of sub-phases, the steam cooking appliance being designed to reduce a heating power induced into the cooking chamber heat radiator and/or a heating power induced into the heating element of the steam cooking appliance successively during transition to subsequent ones of the sub-phases. Rather, Zougou discloses a single phase of a heat up phase, wherein the heaters are heated to the retaining temperature, then turned down once the retaining temperature is reached [Fig. 5A, 0060].
Fraccon teaches a preheating phase of the oven (from “Start of cooking cycle” until the temperature reaches the second temperature [Fig. 5, 0029]; see Annotated Figure 4), which consists of two sub-phases, each with their own heating rate (preheating rates r1 and r2 [Fig. 5, 0029]). Specifically, the preheating phase taught by Fraccon involves using the heating system alone to bring the cavity of the oven up to the boiling temperature of water (heating system 35 heats the cavity 14 up to a first temperature, which is at least the boiling temperature of water at a rate of r1 [Fig. 5, 0029]), then reducing the rate of heat generation while the steam system begins generating steam until the cavity reaches the cooking temperature (the steam system 44 is activated at this time [Fig. 5, 0030] and heating system 35 then heats the cavity 14 up to a second temperature (the cooking temperature) at a reduced rate of r2 [Fig. 5, 0029]). The preheating phase is then followed by a temperature maintenance phase at the cooking temperature (discussed in [0029]; see Fig. 5 and Annotated Figure 4).
Zougou discloses a heat up phase that comprises a single phase, wherein the heaters are turned down once the retaining temperature is reached, the retaining temperature being below a boiling temperature of water, so as to keep cooked food warm. Fraccon teaches a preheating phase with two sub-phases, wherein the first sub-phase brings the cooking chamber up to a boiling temperature of water, then the second sub-phase activates the steam system and brings the cooking chamber up to the cooking temperature, while reducing the heat generation rate. 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 heat up phase disclosed by Zougou to (1) heat up the cooking chamber to at least the boiling temperature of water for a steam cooking process, and (2) divide the heat up phase into two sub-phases, both of which are taught by Fraccon. First, one of ordinary skill in the art would have modified the heat up phase to reach a temperature above the boiling temperature of water to be able to cook food within the appliance disclosed by Zougou. See above 35 U.S.C. 103 rejection of claim 16 for further detail on this modification. Second, one of ordinary skill in the art would have divided the heat up phase into the two sub-phases taught by Fraccon. Specifically, the cooking chamber would be brought up to at least the boiling temperature of water by the heaters alone during the first sub-phase, then the heat generation rate would be reduced while the steam is activated in the second sub-phase. One of ordinary skill in the art would have been motivated to make this modification because heating the cooking chamber up to the boiling temperature of water before activating the steam system allows for steam to be introduced into the cooking chamber at a temperature “high enough to sustain steam in a vaporized state” such that “the vapor will not condense in the cavity” [Fraccon: 0030]. One of ordinary skill in the art would have had a reasonable expectation of success with this modification as both references deal with steam ovens, and further, as discussed above regarding claim 16, Zougou discloses that the oven is capable of reaching cooking temperatures [Fig. 5B, 0060].
Regarding claim 26, Zougou discloses each of the limitations of claim 25, however, Zougou does not expressly disclose the setpoint cooking chamber temperature is above a boiling temperature of water.
Zougou in view of Fraccon teaches that the setpoint cooking chamber temperature is above a boiling temperature of water. See above 35 U.S.C. 103 rejection of claim 16 for further detail.
Regarding claim 28, Zougou discloses each of the limitations of claim 27, however, Zougou does not expressly disclose that the heat up phase comprises a number of sub-phases, the method further comprising reducing a heating power induced into the cooking chamber heat radiator and/or reducing a heating power induced into the heating element of the steam cooking appliance successively during transition to subsequent ones of the sub-phases.
Zougou in view of Fraccon teaches that the heat up phase comprises a number of sub-phases, the method further comprising reducing a heating power induced into the cooking chamber heat radiator and/or reducing a heating power induced into the heating element of the steam cooking appliance successively during transition to subsequent ones of the sub-phases. See above 35 U.S.C. 103 rejection of claim 18 for further detail.
Allowable Subject Matter
Claims 13, 14, 23, and 24 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.
Regarding claims 13, 14, 23, and 24, Neither Zougou (US 2007/0272676 A1) nor Fraccon (US 2006/0289438 A1) disclose that the first regulator target value is greater than the second regulator target value by between 1°C and 4°C (claims 13 and 23), or more specifically, by 3°C (claims 14 and 24). Zougou discloses that the first regulator target value and the second regulator target value are equal [Zougou: 0054, 0057], while Fraccon discloses that, while the first regulator target value is related to the temperature of the cooking chamber, the second regulator target value is related to the temperature of the water in the steam system [Fraccon: 0022].
The closest prior art reference is Metz (EP 2662631 A1). Metz teaches a cooking chamber and associated method which uses a thermal heating source, dry heating element, and a steam generator (cooking appliance 1, cooking chamber 2, thermal heating source 5, dry heating element 6, and steam generator 7). The target value of the dry heating element is set to the cooking chamber temperature, while the target value of the steam generator is the dew point temperature (which is equivalent to the surface temperature of the food being cooked) (cooking chamber temperatures 61, 62, and 63 and dew point temperatures 71, 72, and 73 [Fig. 6, 0006, 0010, 0052]). It is further disclosed that the cooking chamber temperature is set to be higher than the dew point temperature during the cooking phase by 10-30°C [0061]. Thus, while Metz teaches that a first regulator target value is greater than a second regulator target value, Metz does not teach that the first regulator target value is greater than the second regulator target value by between 1°C and 4°C, or more specifically, by 3°C. Moreover, the invention of claims 13, 14, 23, and 24 regulate the temperature in the cooking chamber by using only the cooking chamber temperature measured from the temperature sensor as the control variable, while the invention taught by Metz introduces the additional need to measure the cooking chamber humidity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA RAE BOSS whose telephone number is (571)270-0274. The examiner can normally be reached 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (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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/MARISSA RAE BOSS/Examiner, Art Unit 3761
/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
