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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 5-14 and 16-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application 18293318 in view of Lim et al. (20160360578). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 fully encompass the limitations of claims 1-20 of the instant application but for the additional heating tube module. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further incorporate the heating tube module as taught by Lim for its art recognized and notorious purpose of providing radiant heat as taught by Lim (par. 0076). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-8 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claims 7 and 8 are rejected due to the phrase “a sum of”. It is unclear if the claim requires the mathematical “sum of” both the predetermined cooking temperature and a first temperature threshold, i.e. T1 +T2, if the phrase is with respect to each as singular temperatures or with respect to something different altogether.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-3, 5-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (20160360578) in view of Tanaka et al. (GB1560500).
With respect to Independent claim 1, Lim teaches a control method for a cooking device, the cooking device comprising a microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078), the method comprising:
obtaining a characteristic parameter of a food material (par. 0112; kind of food; par. 0114 weight) and a cooking stage of the cooking device (par. 0112; fry-cooking)
determining a cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time) of the cooking device based on the characteristic parameter of the food material (par. 0116, 0142); and
controlling at least one selected from the group consisting of the microwave module (par. 0120, 0138; fig. 25), the hot air module (par. 0125-0127, par. 0138; fig. 25 convection), the heating tube module (par. 0125-0127, par. 0138; fig. 25 radiant; grill) and/or the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking stage (par. 0138; fig. 25) and the cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time).
wherein the cooking stage comprises a preheating stage (fig. 25 first cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned on), a steady heating stage subsequent to the preheating stage (fig. 25 second cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned off. i.e. activated to maintain power for core heating), the cooking parameter comprises a predetermined cooking temperature for the preheating stage (par. 0159 fig. 25 first cooking stage), and a first cooking temperature for the steady heating stage (fig. 25 second cooking stage; alternatively relative subsequent cycling of microwave par. 0120 to maintain temperature),
wherein said controlling at least one selected from the group consisting of the microwave module (par. 0149), the hot air module, the heating tube module (par. 0121 radiant), and the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking parameter and the cooking stage comprises:
determining the first cooking temperature (fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and a first cooking time at the steady heating stage (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached) in response to the cooking stage being the steady heating stage (par. 0155, fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and
controlling, based on the first cooking time (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage), the microwave module and the hot air module to operate (par. 0136, 0151, 0197) alternately (par. 0120 turn on/off; par. 0125 on/off) at a predetermined period (par. 0120, 0125 turn on/off to maintain temp), to maintain (par. 0120, 0125 turn on/off to maintain temp; alternatively set temp for length of time, i.e. par. 0125 activated maintain target temp.) a surface temperature of the food material at the first cooking temperature (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage)
Lim teaches the cooking device and operation data for application of different stages of cooking for both increasing and maintaining temperature during each of multiple stages of cooking and thus one of ordinary skill in the art would have been motivated to look to the art of automatically changing heating output in accordance with a time schedule selected for the kind of cooking involved as taught by Tanaka (pg. 1 col. 1 lines 11-14).
Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to first and second cooking stages. In a first instant relative first and second cooking stages as taught by Lim. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first stage of microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature (pg. 4 lines 94-96), i.e. such that during subsequent cooking stages the core is not excessively heated while the exterior is cooked to attain a crispy texture as taught by Lim (par. 0126) during the second time period as the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 4 lines 90-96; pg. 3 lines 109-114) and achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures as taught by Lim specific to both different food and different food texture desired by preventing temperature overshoot.
Alternatively where the first cooking temperature is the temperature to be maintained and the predetermined cooking temperature is the temperature which is attained, i.e. to become heated. Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to a singular cooking stage. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cycle the microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature, i.e. such that during a first time period larger outputs cause the food to become heated (increasing) and subsequently during the second time period the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 3 lines 109-114) and thus achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures and prevent temperature overshoot as taught and desired by Lim.
With respect to Independent claim 10, A computer-readable storage medium (par. 0109 storage unit), having a control program for a cooking device stored thereon (par. 0109), wherein the cooking device comprising a microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) and the control program for the cooking device, when executed by a processor, causes the processor to
obtaining a characteristic parameter of a food material (par. 0112; kind of food; par. 0114 weight) and a cooking stage of the cooking device (par. 0112; fry-cooking)
determining a cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time) of the cooking device based on the characteristic parameter of the food material (par. 0116, 0142); and
controlling at least one selected from the group consisting of the microwave module (par. 0120, 0138; fig. 25), the hot air module (par. 0125-0127, par. 0138; fig. 25 convection), the heating tube module (par. 0125-0127, par. 0138; fig. 25 radiant; grill) and/or the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking stage (par. 0138; fig. 25) and the cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time).
wherein the cooking stage comprises a preheating stage (fig. 25 first cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned on), a steady heating stage subsequent to the preheating stage (fig. 25 second cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned off. i.e. activated to maintain power for core heating), the cooking parameter comprises a predetermined cooking temperature for the preheating stage (par. 0159 fig. 25 first cooking stage), and a first cooking temperature for the steady heating stage (fig. 25 second cooking stage; alternatively relative subsequent cycling of microwave par. 0120 to maintain temperature),
wherein said controlling at least one selected from the group consisting of the microwave module (par. 0149), the hot air module, the heating tube module (par. 0121 radiant), and the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking parameter and the cooking stage comprises:
determining the first cooking temperature (fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and a first cooking time at the steady heating stage (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached) in response to the cooking stage being the steady heating stage (par. 0155, fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and
controlling, based on the first cooking time (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage), microwave module and the hot air module to operate (par. 0136, 0151, 0197) alternately (par. 0120 turn on/off; par. 0125 on/off) at a predetermined period (par. 0120, 0125 turn on/off to maintain temp), to maintain (par. 0120, 0125 turn on/off to maintain temp; alternatively set temp for length of time, i.e. par. 0125 activated maintain target temp.) a surface temperature of the food material at the first cooking temperature (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage)
Lim teaches the cooking device and operation data for application of different stages of cooking for both increasing and maintaining temperature during each of multiple stages of cooking and thus one of ordinary skill in the art would have been motivated to look to the art of automatically changing heating output in accordance with a time schedule selected for the kind of cooking involved as taught by Tanaka (pg. 1 col. 1 lines 11-14).
Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to first and second cooking stages. In a first instant relative first and second cooking stages as taught by Lim. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first stage of microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature (pg. 4 lines 94-96), i.e. such that during subsequent cooking stages the core is not excessively heated while the exterior is cooked to attain a crispy texture as taught by Lim (par. 0126) during the second time period as the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 4 lines 90-96; pg. 3 lines 109-114) and achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures as taught by Lim specific to both different food and different food texture desired by preventing temperature overshoot.
Alternatively where the first cooking temperature is the temperature to be maintained and the predetermined cooking temperature is the temperature which is attained, i.e. to become heated. Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to a singular cooking stage. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cycle the microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature, i.e. such that during a first time period larger outputs cause the food to become heated (increasing) and subsequently during the second time period the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 3 lines 109-114) and thus achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures and prevent temperature overshoot as taught and desired by Lim.
With respect to Independent claim 11, a cooking device (par. 0056) a microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) and further comprising;
A memory (par. 0109 storage unit)
A processor (par. 0109 control unit)
A control program (par. 0109 operation data) for the cooking device stored on the memory and executable on the processor (par. 0109), when executing the control program, implements the control method:
obtaining a characteristic parameter of a food material (par. 0112; kind of food; par. 0114 weight) and a cooking stage of the cooking device (par. 0112; fry-cooking)
determining a cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time) of the cooking device based on the characteristic parameter of the food material (par. 0116, 0142); and
controlling at least one selected from the group consisting of the microwave module (par. 0120, 0138; fig. 25), the hot air module (par. 0125-0127, par. 0138; fig. 25 convection), the heating tube module (par. 0125-0127, par. 0138; fig. 25 radiant; grill) and/or the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking stage (par. 0138; fig. 25) and the cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time).
wherein the cooking stage comprises a preheating stage (fig. 25 first cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned on), a steady heating stage subsequent to the preheating stage (fig. 25 second cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned off. i.e. activated to maintain power for core heating), the cooking parameter comprises a predetermined cooking temperature for the preheating stage (par. 0159 fig. 25 first cooking stage), and a first cooking temperature for the steady heating stage (fig. 25 second cooking stage; alternatively relative subsequent cycling of microwave par. 0120 to maintain temperature),
wherein said controlling at least one selected from the group consisting of the microwave module (par. 0149), the hot air module, the heating tube module (par. 0121 radiant), and the fan module (par. 0125-0127, par. 0138; fig. 25 convection) according to the cooking parameter and the cooking stage comprises:
determining the first cooking temperature (fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and a first cooking time at the steady heating stage (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached) in response to the cooking stage being the steady heating stage (par. 0155, fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and
controlling, based on the first cooking time (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage), the microwave module and the hot air module to operate (par. 0136, 0151, 0197) alternately (par. 0120 turn on/off; par. 0125 on/off) at a predetermined period (par. 0120, 0125 turn on/off to maintain temp), to maintain (par. 0120, 0125 turn on/off to maintain temp; alternatively set temp for length of time, i.e. par. 0125 activated maintain target temp.) a surface temperature of the food material at the first cooking temperature (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage)
Lim teaches the cooking device and operation data for application of different stages of cooking for both increasing and maintaining temperature during each of multiple stages of cooking and thus one of ordinary skill in the art would have been motivated to look to the art of automatically changing heating output in accordance with a time schedule selected for the kind of cooking involved as taught by Tanaka (pg. 1 col. 1 lines 11-14).
Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to first and second cooking stages. In a first instant relative first and second cooking stages as taught by Lim. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first stage of microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature (pg. 4 lines 94-96), i.e. such that during subsequent cooking stages the core is not excessively heated while the exterior is cooked to attain a crispy texture as taught by Lim (par. 0126) during the second time period as the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 4 lines 90-96; pg. 3 lines 109-114) and achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures as taught by Lim specific to both different food and different food texture desired by preventing temperature overshoot.
Alternatively where the first cooking temperature is the temperature to be maintained and the predetermined cooking temperature is the temperature which is attained, i.e. to become heated. Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to a singular cooking stage. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cycle the microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature, i.e. such that during a first time period larger outputs cause the food to become heated (increasing) and subsequently during the second time period the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 3 lines 109-114) and thus achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures and prevent temperature overshoot as taught and desired by Lim.
With respect to Independent claim 12, a control apparatus for a cooking device (par. 0108 ref. 420), the cooking device comprising a microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) the control apparatus comprising,
An obtaining module (par. 0105 input unit) obtaining a characteristic parameter of a food material (par. 0112; kind of food; par. 0114 weight) and a cooking stage of the cooking device (par. 0112; fry-cooking)
A determining module (par. 0109; storage unit) determining a cooking parameter (par. 0116 operation data; par. 0120 microwave power; par. 0122 preset temp; par., 0142 cooking time) of the cooking device based on the characteristic parameter of the food material (par. 0116, 0142); and
A control module (par. 0109) to control at least one of the selected group consisting of the microwave module (par. 0120, 0138; fig. 15), the hot air module (par. 0125-0127, par. 0138; fig. 15 convection), the heating tube module (par. 0125-0127, par. 0138; fig. 15 radiant; grill) and/or the fan module (par. 0125-0127, par. 0138; fig. 15 convection) according to the cooking stage (par. 0138; fig. 15).
wherein the cooking stage comprises a preheating stage (fig. 25 first cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned on), a steady heating stage subsequent to the preheating stage (fig. 25 second cooking stage; alternatively par. 0120 where preheating stage is taken with respect time to microwave turned off. i.e. activated to maintain power for core heating), the cooking parameter comprises a predetermined cooking temperature for the preheating stage (par. 0159 fig. 25 first cooking stage), and a first cooking temperature for the steady heating stage (fig. 25 second cooking stage; alternatively relative subsequent cycling of microwave par. 0120 to maintain temperature),
where the control module is configured to
determine the first cooking temperature (fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and a first cooking time at the steady heating stage (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached) in response to the cooking stage being the steady heating stage (par. 0155, fig. 25 second cooking stage; alternatively relative maintain temperature after temperature reached) and
controlling, based on the first cooking time (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage), the microwave module and the hot air module to operate (par. 0136, 0151, 0197) alternately (par. 0120 turn on/off; par. 0125 on/off) at a predetermined period (par. 0120, 0125 turn on/off to maintain temp), to maintain (par. 0120, 0125 turn on/off to maintain temp; alternatively set temp for length of time, i.e. par. 0125 activated maintain target temp.) a surface temperature of the food material at the first cooking temperature (fig. 25 second cooking stage time; alternatively relative maintain temperature after temperature reached relative stage)
Lim teaches the cooking device and operation data for application of different stages of cooking for both increasing and maintaining temperature during each of multiple stages of cooking and thus one of ordinary skill in the art would have been motivated to look to the art of automatically changing heating output in accordance with a time schedule selected for the kind of cooking involved as taught by Tanaka (pg. 1 col. 1 lines 11-14).
Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to first and second cooking stages. In a first instant relative first and second cooking stages as taught by Lim. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first stage of microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature (pg. 4 lines 94-96), i.e. such that during subsequent cooking stages the core is not excessively heated while the exterior is cooked to attain a crispy texture as taught by Lim (par. 0126) during the second time period as the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 4 lines 90-96; pg. 3 lines 109-114) and achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures as taught by Lim specific to both different food and different food texture desired by preventing temperature overshoot.
Alternatively where the first cooking temperature is the temperature to be maintained and the predetermined cooking temperature is the temperature which is attained, i.e. to become heated. Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to a singular cooking stage. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cycle the microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature, i.e. such that during a first time period larger outputs cause the food to become heated (increasing) and subsequently during the second time period the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 3 lines 109-114) and thus achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures and prevent temperature overshoot as taught and desired by Lim.
With respect to claims 2 and 13, wherein: the characteristic parameter of the food material comprises a type and a weight of the food material (par. 0116; fig. 16), the cooking parameter further comprises cooking power (par. 0120; fig. 16) and total cooking time period (par. 0142; fig. 25), and the cooking stage further comprises a continuous heating stage (fig. 15 relative continuous stages) and a crusting and coloring stage (par. 0126; fig. 15 third cooking time).
Claims 3 and 14, wherein said controlling at least one of the microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) according to the cooking parameter and the cooking stage comprises:
determining that a cooking temperature at the preheating stage is the predetermined cooking temperature in response to the cooking stage being the preheating stage (par. 0122, 0125 target temp) and
controlling the heating tube module (par. 0127) and the hot air module (par. 0127) to preheat the cooking device (par. 0165 second cooking stage), such that a cavity temperature of the cooking device reaches the predetermined cooking temperature (par. 0165 200C).
Claims 5 and 16, controlling the fan module to operate along with the microwave module while controlling (fig. 25 second cooking stage potato wedges, drumsticks), based on the first cooking time, the microwave module and the hot air module to operate alternately at the predetermined period (fig. 25 second cooking stage potato wedges, drumsticks).
Claims 9 and 20, the predetermined cooking temperature and the cooking power are each determined based on the type of the food material (par. 0116; fig. 25), and the predetermined cooking temperature is in a range of [150C- 250C] (par. 0122, 0125; fig. 25) and the total cooking time is determined based on the weight of the food material (par. 0116), and the total cooking time is in a range of [12min- 35min] (fig. 25).
With respect to claims 6 and 17, wherein cooking power of the microwave module is in a range of [800W- 1000W] (par. 0120), cooking power of the hot air module to achieve a predetermined temperature, and the first cooking time is in a range of [40%t- 60%t], where t is the total cooking time (fig. 25 drumsticks 200-250g 10/10+7+7=41%.
Though silent to the power of the hot air module, since power controls temperature, since Lim teaches a desired predetermined temperature of the hot air module (par. 0125 200C), i.e. the constant. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cooking power, relative the same taught hot air module, such as in the instant case [1200W- 2200W] for its art recognized purpose of both providing a desired cooking cavity temperature and more specifically providing a variable which achieves the constant, i.e. temperature thus achieving the desired color and texture of the food product as desired by the user (par. 0157).
Claims 7 and 18, Lim teaches wherein said controlling at least one of the microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) according to the cooking parameter and the cooking stage comprises,
determining a second cooking temperature (fig. 25 slim fry temp. 200C) and second cooking time (fig. 25 slim fry time) at the continuous heating stage (fig. 25 any second ongoing stage time) in response to the cooking stage being the continuous heating stage (fig. 25 slim fry heating).
Lim teaches the second cooking temperature to achieve a predetermined cooking temperature. Importantly the claim requires the mathematical term “sum of”, i.e. 1st + 2nd.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cooking temperature, relative the same taught cooking stage, the second cooking temperature being greater than or equal to a sum of the predetermined cooking temperature and a first temperature threshold and smaller than or equal to a sum of the predetermined cooking temperature and a second temperature threshold for its art recognized purpose of both providing a desired cooking cavity temperature and more specifically providing a variable which achieves the constant, i.e. temperature thus achieving the desired color and texture of the food product as desired by the user (par. 0157).
Lim teaches controlling the heating tube module to continuously operate for the second cooking time (par. 0127), such that a cavity temperature of the cooking device reaches the second cooking temperature (fig. 25 slim fry temp 200C)
Though silent to the power of the hot air module, since power controls temperature, since Lim teaches a desired predetermined temperature of the hot air module (par. 0125 200C), i.e. the constant. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cooking power, relative the same taught hot air module, such as in the instant case [1200W- 2200W] for its art recognized purpose of both providing a desired cooking cavity temperature and more specifically providing a variable which achieves the constant, i.e. temperature thus achieving the desired color and texture of the food product as desired by the user (par. 0157).
Though silent to the second cooking time in a range of [10%t- 20%t], where t is the total cooking time. Since Lim teaches the time of cooking is both dependent on weight, food type (par. 0116) and texture (par. 0123). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cooking time in a range of [10%t- 20%t], relative the same taught cooking stage, for its art recognized purpose of providing a variable which achieves the constant, i.e. the desired color and texture of the food product as desired by the user (par. 0157).
Claims 8 and 19, wherein said controlling at least one of the microwave module (par. 0075), a hot air module (par. 0078), a heating tube module (par. 0076; halogen lamp) and a fan module (par. 0078) according to the cooking parameter and the cooking stage comprises,
determining a third cooking temperature (fig. 25 slim fry) and third cooking time (fig. 25 slim fry stage) at the crusting and coloring stage in response to the cooking stage being the crusting and coloring stage (fig. 25 slim fry),
Lim teaches the third cooking temperature to achieve a predetermined cooking temperature. Importantly the claim requires the mathematical term “sum of”, i.e. 1st + 2nd.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cooking temperature, relative the same taught cooking stage, the third cooking temperature being greater than or equal to a sum of the predetermined cooking temperature and a third temperature threshold and smaller than or equal to a sum of the predetermined cooking temperature and a fourth temperature threshold the final cooking temperature for its art recognized purpose of both providing a desired cooking cavity temperature and more specifically providing a variable which achieves the constant, i.e. temperature thus achieving the desired color and texture of the food product as desired by the user (par. 0157).
Lim teaches controlling the heating tube module and the fan module to continuously operate for the third cooking time to maintain a cavity temperature of the cooking device at the third cooking temperature (fig. 25 slim fry stage), the third cooking time being in a range of [20%t- 50%t], where t is the total cooking time (fig. 25 potato wedges 5/10+5=33%, drumsticks 7/10+7+7= 29%).
Though silent to a fourth cooking time. It would have been obvious to one of ordinary skill in the art the time the invention was filed to further provide a fourth predetermined cooking time such as in the instant case relative a flipping time of the food as taught by Lim (par. 0158) thus achieving a same desired cooking to a target degree and more specifically achieve even cooking due to turning the food over a plurality of times as taught by Lim (par. 0158).
In addition since Lim teaches controlled and programmed sequence cooking, though silent to a fourth cooking time. It is not necessary that suggestion or motivation be found within the four comers of the reference(s) themselves. "The obviousness analysis cannot be confined by a formalistic conception of the words teaching, suggestion, and motivation, or by overemphasis on the importance of... the explicit content of issued patents." KSR Int'l. Co. v. Teleflex lnc., 550 U.S. 398, 419. "The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR, 550 U.S. at 416., The question to be asked is "whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR, 550 U.S. at 417.
In addition, a conclusion of obviousness can be made from common knowledge and common sense of the person of ordinary skill in the art without any specific hint or suggestion in a particular reference. See In re Bozek, 416 F.2d 1385, 1390 (CCPA 1969). Such as in the instant case providing a number of cooking stages which achieves the desired core cooking and color, texture and taste in accordance with user desires and kind and weight of cooking materials as further taught (par. 0157-0158).
Response to Arguments
It is initially noted the filed terminal disclaimer of 5/10/26 was disapproved due to the “Application filing date is incorrect. Please resubmit the TD. No fee required.” (see Terminal Disclaimer review decision 5/14/26).
With respect to applicants urging Lim is silent to intentionally dropping the target temperature. It is initially noted the claims are silent to a time required for each stage and further noted the term “smaller” is not limited by a degree or an outcome and encompasses any difference regardless of difference and/or intent.
With respect to applicants urging Lim is silent to the subsequent temperature being smaller, Tanaka is relied upon in view of Lim.
With respect to applicants urging Lim is limited to grill heating or slim fry heating, applicant is urged to par. 0136, 0151, 0197 which teach microwave and hot air module being activated in a stage.
Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to first and second cooking stages. In a first instant relative first and second cooking stages as taught by Lim. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first stage of microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature (pg. 4 lines 94-96), i.e. such that during subsequent cooking stages the core is not excessively heated while the exterior is cooked to attain a crispy texture as taught by Lim (par. 0126) during the second time period as the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 4 lines 90-96; pg. 3 lines 109-114) and achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures as taught by Lim specific to both different food and different food texture desired by preventing temperature overshoot.
Alternatively where the first cooking temperature is the temperature to be maintained and the predetermined cooking temperature is the temperature which is attained, i.e. to become heated. Lim teaches the cooking stages to both increase a temperature of the food core and maintain the predetermined temperature during each stage by cycling the heating elements on and off (par. 0120, 0125) with respect to a singular cooking stage. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cycle the microwave power as taught by both during a cooking stage, such that the first cooking temperature is smaller than the predetermined cooking temperature, i.e. such that during a first time period larger outputs cause the food to become heated (increasing) and subsequently during the second time period the output is lowered to maintain a desired temperature as opposed to continued increasing temperature as taught by Tanaka (pg. 3 lines 109-114) and thus achieving the same desired previously determined cooking stages which reach and maintain preset target temperatures and prevent temperature overshoot as taught and desired by Lim.
With respect to applicants urging directed to the microwave module and the hot air module to operate (par. 0136, 0151, 0197) alternately (par. 0120 turn on/off; par. 0125 on/off) based on a predetermined period. Lim teaches as noted above at par. 0136, 0151, 0197 which teach microwave and hot air module being activated in a stage, i.e. a predetermined cooking time. With respect to applicants urging of thermostatic cycling not encompassing operating alternately back and forth. Lim teaches both the microwave and the convection heating unit cycling on and off thus encompassing the “operate alternately” as claimed. It is further noted the phrase “alternately” is not limited to one being on and the second off, i.e. alternately relative one another but merely to operate alternately which further encompasses each operating alternately, i.e. both on/off during period.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN N LEFF whose telephone number is (571)272-6527. The examiner can normally be reached on M-F 8:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571)270-34753475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/ Primary Examiner, Art Unit 1792
