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 18291924. 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. 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.
Claim 18 is 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.
Claim 18 is rejected as claim 18 is an Independent product claim yet depends from an Independent method claim thus claiming both a method and a product. Applicant appears to use the place holder “according to claim 1” however is encouraged due to two different statutory classes of invention, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-12 and 17-20 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 an air frying module (par. 0078) and a microwave module (par. 0075), 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 air frying module (par. 0125-0127, par. 0138; fig. 15 convection) or the microwave module (par. 0120, 0138; fig. 15) based on the cooking stage (par. 0138; fig. 15) and the cooking parameter to accelerate cooking of the food material (par. 0126 accelerate relative cooking of surface of food material vs without; alternatively par. 0127 both air and radiant; fig. 15 second cooking time; concurrently).
With respect to Independent claim 18, A computer-readable storage medium (par. 0109 storage unit), having a control program for a cooking device stored thereon (par. 0109), wherein the control program for the cooking device, when executed by a processor, 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 air frying module (par. 0125-0127, par. 0138; fig. 15 convection) or the microwave module (par. 0120, 0138; fig. 15) based on the cooking stage (par. 0138; fig. 15) and the cooking parameter to accelerate cooking of the food material (par. 0126 accelerate relative cooking of surface of food material vs without; alternatively par. 0127 both air and radiant; fig. 15 second cooking time; concurrently).
With respect to Independent claim 19, 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 a cooking device stored on the memory and executable on the processor (par. 0109), the cooking device comprising an air frying module (par. 0078) and a microwave module (par. 0075) and wherein the processor, when executing the control program, cause 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 air frying module (par. 0125-0127, par. 0138; fig. 15 convection) or the microwave module (par. 0120, 0138; fig. 15) based on the cooking stage (par. 0138; fig. 15) and the cooking parameter to accelerate cooking of the food material (par. 0126 accelerate relative cooking of surface of food material vs without; alternatively par. 0127 both air and radiant; fig. 15 second cooking time; concurrently).
With respect to Independent claim 20, a control apparatus for a cooking device (par. 0108 ref. 420), the cooking device comprising an air frying module (par. 0078) and a microwave module (par. 0075), the device comprising,
An obtaining module (par. 0106 input unit; par. 0112) configured 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)
A determining module (par. 0109 transmits corresponding operation data ref. 430) configured to 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
A control module (par. 0108 ref. 420) configured to control the air frying module (par. 0125-0127, par. 0138; fig. 15 convection) or the microwave module (par. 0120, 0138; fig. 15) based on the cooking stage (par. 0138; fig. 15) and the cooking parameter to accelerate cooking of the food material (par. 0126 accelerate relative cooking of surface of food material vs without; alternatively par. 0127 both air and radiant; fig. 15 second cooking time; concurrently).
With respect to claim 2, 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 predetermined cooking power (par. 0120; fig. 16), a predetermined cooking temperature (par. 0122; fig. 25), a total cooking time period (par. 0142; fig. 25), and a cavity temperature of the cooking device (par. 0122, 0125; fig. 25); and
the cooking stage comprises a microwave quick-heating stage (fig. 15 par. 0152; fig. 25), an air-frying temperature rise stage (fig. 15 second cooking time; convection par. 0152; fig. 25), and a browning and crusting stage (fig. 15 third cooking time; par. 0152 surface; fig. 25).
Claim 3, wherein said controlling the air frying module or the microwave module based on the cooking stage and the cooking parameter comprises, when the cooking stage is the microwave quick-heating stage:
determining a first predetermined cooking time period at the microwave quick-heating stage (par. 0150 fig. 15 first cooking stage), and determining first predetermined cooking power at the microwave quick-heating stage based on the type of the food material (par. 0116) and
controlling the microwave module to operate at the first predetermined cooking power (par. 0120) for the first predetermined cooking time period (par. 0120; fig. 15).
Claim 4, wherein: the first predetermined cooking power ranges from 200 W to 1400 W (par. 0120) and the first predetermined cooking time period ranges from 15%t to 35%t, where t represents the total cooking time period (fig. 25; frozen potato chips 4/26=15%.
Claim 5, wherein said controlling the air frying module or the microwave module based on the cooking stage and the cooking parameter comprises, when the cooking stage is the air-frying temperature rise stage:
determining a first predetermined cooking temperature (par. 0125; fig. 15 frozen potato chip) and a second predetermined cooking time period at the air-frying temperature rise stage (par. 0125; fig. 15, fig. 25);
obtaining a cavity temperature of the cooking device (par. 0159, 0107) and
controlling the air frying module based on the cavity temperature, the first predetermined cooking temperature and the second predetermined cooking time period (par. 0116; fig. 15, 25).
Claim 6, wherein said controlling the air frying module based on the cavity temperature, the first predetermined cooking temperature and the second predetermined cooking time period comprises, in the second predetermined cooking time period:
controlling the air frying module to operate when the cavity temperature is smaller than or equal to a difference between the first predetermined cooking temperature and a first temperature threshold (par. 0125) and
prohibiting the air frying module (par. 0125; inactivated) from operating when the cavity temperature is greater than or equal to a sum of the first predetermined cooking temperature and the first temperature threshold (par. 0125).
Claim 7, wherein: the first predetermined cooking temperature ranges from 160°C to 260°C (par. 0125 200c; fig. 25) and
the second predetermined cooking time period ranges from 40%t to 65%t, where t represents the total cooking time period (fig. 25 frozen drumsticks 7/(10+7)=41%
Claim 8, subsequent to completion of said controlling the air frying module based on the cavity temperature, the first predetermined cooking temperature and the second predetermined cooking time period: switching the cooking stage to the browning and crusting stage (par. 0152; par. 0128).
Claim 9, wherein said controlling the air frying module or the microwave module based on the cooking stage and the cooking parameter comprises, when the cooking stage is the browning and crusting stage:
determining a second predetermined cooking temperature (par. 0125; fig. 15; fig. 25) and a third predetermined cooking time period at the browning and crusting stage (par. 0152; fig. 15; fig. 25);
obtaining a cavity temperature of the cooking device (par. 0107; par. 0125; set temperature fig. 15, 25) and
controlling the air frying module based on the cavity temperature, the second predetermined cooking temperature and the third predetermined cooking time period (fig. 15, 25).
Claim 10, wherein said controlling the air frying module based on the cavity temperature, the second predetermined cooking temperature and the third predetermined cooking time period comprises, in the third predetermined cooking time period:
controlling the air frying module to operate when the cavity temperature is smaller than or equal to a difference between the second predetermined cooking temperature and a second temperature threshold (par. 0125); and prohibiting the air frying module from operating when the cavity temperature is greater than or equal to a sum of the second predetermined cooking temperature and the second temperature threshold (par. 0125).
Claim 11, the second predetermined cooking temperature ranges from 140°C to 250°C (par. 0125; fig. 25) and the third predetermined cooking time period ranges from 15%t to 40%t, where t represents the total cooking time period (fig. 25 frozen chicken nuggets 350-400g; 5/6+3+5=35%.
Claim 12, subsequent to completion of said controlling the air frying module based on the cavity temperature, the second predetermined cooking temperature and the third predetermined cooking time period: switching the cooking stage to the microwave quick-heating stage (par. 0150; taken with respect to subsequent cooking as not limited to same cooking process).
Claim 17, the total cooking time period is determined based on the weight of the food material and ranges from 8min to 40min (fig. 25 frozen chicken nuggets; drumsticks).
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 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (20160360578).
Lim is taken as above.
Claim 13, the cooking stage further comprises a cavity temperature rise stage (par. 0122; 0125); and
said controlling the air frying module or the microwave module based on the cooking stage and the cooking parameter comprises, when the cooking stage is the cavity temperature rise stage:
determining a third predetermined cooking temperature at the cavity temperature rise stage (par. 0122; 0125) obtaining a cavity temperature of the cooking device (par. 0122, 0125 preset temp) and
controlling the air frying module based on the cavity temperature, the third predetermined cooking temperature and the predetermined cooking time period (par. 0116).
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).
Claim 14, controlling the air frying module to operate when the cavity temperature is smaller than or equal to a difference between the second predetermined cooking temperature and a second temperature threshold (par. 0125); and prohibiting the air frying module from operating when the cavity temperature is greater than or equal to a sum of the second predetermined cooking temperature and the second temperature threshold (par. 0125).
Claim 15, though silent to a fourth cooking time. Since Lim teaches the predetermined cooking temperatures which directly influence time. It would have been obvious to one of ordinary skill in the art the time the invention was filed to further provide the fourth predetermined cooking time period ranges from 20%t to 35%t, where t represents the total cooking time period, 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).
Claim 16, It would have been obvious to one of ordinary skill in the art the time the invention was filed to further provide a cooking time period in the air-frying temperature rise stage ranges from 20%t to 30%t, where t represents the total cooking time period, 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).
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVEN N LEFF/Primary Examiner, Art Unit 1792