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 1-20 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 1-20 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.
With respect to Independent claims 1, 10, 11 and 12 and the phrase “controlling at least one of the microwave module, the hot air module, the heating tube module and the fan module the recited format does not comply with accepted U.S. Patent practice with regard to the recitation of Markush grouping of claim elements. Phrases using “at least one of” should recite elements in the alternative (i.e. “comprising A, B, C or D”), whereas closed sets (“consisting of”) should recite elements as “selected from the group consisting of A, B, C and D.”
Claims 6-9 and 17-20 are rejected due to the claimed numerical ranges in brackets separated by a comma. It is unclear if the claimed ranges in brackets and separated by a comma are with respect to a range encompassed by the numerals separated by the comma, if the range in brackets is an option relative each individual numeral, if the numerals in brackets are required by the claim or with respect to something different altogether.
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claims 1-5, 9-16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al. (20160360578).
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 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) and the cooking parameter.
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
obtain 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)
determine 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
control 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) and the cooking parameter.
With respect to Independent claim 11, a cooking device (par. 0056) 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 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) and the cooking parameter.
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 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) controlling 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).
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 comprises a predetermined cooking temperature (par. 0122; fig. 25), cooking power (par. 0120; fig. 16), and total cooking time period (par. 0142; fig. 25), and the cooking stage comprises a preheating stage (par. 0122, 0125; heat to preset target temp.), a steady heating stage (par. 0122, 0126; temp. maintained for time), 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 4 and 15, 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 first cooking temperature (fig. 25 first cooking stage potato wedges, drumsticks, where it is noted grill heating is relative 180C par. 0122) and first cooking time (fig. 25 first cooking stage potato wedges, drumsticks) at the steady heating stage in response to the cooking stage being the steady heating stage (fig. 25 first cooking stage potato wedges, drumsticks), the first cooking temperature being smaller than (fig. 25 180C) the predetermined cooking temperature; and
controlling, based on the first cooking time (fig. 25 first stage time ended), the microwave module (fig. 25 second cooking stage potato wedges, drumsticks) and the hot air module (fig. 25 second cooking stage potato wedges, drumsticks) to operate alternately (par. 0120 repeatedly turned on/off; par. 0125 inactivated, activated to maintain temp) at a predetermined period (fig. 25 second stage time), to maintain a surface temperature of the food material at the first cooking temperature (fig. 25 second stage, where maintain is taken as a minimum, and/or exceed).
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).
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 6-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (20160360578).
Lim is taken as above.
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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20130092682, 20110002677, 20020134778, 20110151072, 20080280000, 20180003687 directed to multiple food type cooking stages including convection/air frying and microwave.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 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) 270-3475. 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