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 .
Response to Arguments
Applicant's arguments filed 7/17/2026 have been fully considered but they are not persuasive.
Magnouloux et al is used to show the amended limitations.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 14-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 108378678) in view of Magnouloux et al (US 2017/0099990.
Regarding claim 14, Li discloses, A cooking pan (See Fig 1, Pan, or Pot), comprising:
a pan body comprising a cooking surface and a heating surface opposite the cooking surface (Fig 1 shows a pan body 4 having a cooking surface and a heating surface at 44, Fig 6, opposite the cooking surface);
a handle coupled to the pan body (Handle 62 is coupled to the pan body at 43 via a side lug, See Paragraph [0042], [0045]);
a thermal probe extending between the pan body and the handle (thermal probe 5 extends from the handle 62 to the pan body 4. See Paragraph [0038], [0044]); and
a shield surrounding at least a portion of the thermal probe, the shield arranged to block the thermal probe from at least one of radiant heat and impacts. (Cast aluminum cover 61 surrounds at least a portion of the thermal probe 5 and is insulated for blocking radiant heat. The cast aluminum material would also protect against impacts. See Paragraphs [0011], [0038], [0045])
Li fails to disclose the shield being coupled to the thermal probe by a spring member.
However, Magnouloux discloses a cooking pan having a pan body, cooking surface and heating surface with a thermal probe 30, including conducting elements 31 and 32 extending between the pan body and handle as shown in Figs 1-2. The probe is encased in a sheath 33. (See Fig 3 and Paragraph [0050]) The spring members 46a and 46b retain the sheath 33 to the support 40, which is considered the shield. (See Paragraph [0052])
It would have been obvious to a person having ordinary skill in the art to adapt Li in view of Magnouloux to provide the shield being coupled to the thermal probe by a spring member for retaining the probe inside the shield or support surface and prevent movement.
Li discloses regarding claim 15, Fig 1 shows the thermal probe 5 having a curved portion and the shield or cover 61 forming a boot with upper and lower portions extending at an angle relative to each other, matching the curve of the probe 5. Regarding claim 16, Fig 8 clearly shows the cover 61 having upper lateral sides and the lower portion has an elongated extension extending to the pan body. (“The heat shield 61 to be matched with the pot 4 peripheral radian of the arc structure” See Paragraph [0045]) Regarding claim 17, element 43 contains a recess which is received via 613 of the shield or cover 61, See Figs 1, 9. Regarding claim 18, The figures show the shield 61 attached to the handle 62. Regarding claim 19, temperature sensing gauge/head 52 is mounted in the handle and coupled to the thermal probe and indicates the temperature of the pan body. (See Paragraphs [0045], [0046], [0059]) Regarding claim 21, Figs 1 and 8 show the shield being a single piece. Regarding claim 21, radial slot functions as a hole for inserting the probe 5 into the pan bottom. (See Figs 6 and Paragraph [0044]) Regarding claim 22, the grasping portion, attachment portion and lower surface of the attachment portion to the heating surface of the pan body are shown in Figs 1-8.
Li discloses, regarding claim 23, A cooking pan, comprising: a pan body having a base portion with an upper cooking surface and a lower heating surface, and a sidewall extending upward from the base portion (Fig 1 shows a pan body 4 having a cooking surface and a heating surface at 44, Fig 6, opposite the cooking surface with a sidewall extending upward from the base);
a handle having an attachment portion coupled to the sidewall of the pan body and an elongate grasping portion extending outward from the attachment portion (Handle 62 is coupled to the pan body at 43 via a side lug, See Paragraph [0042], [0045] the grasping portion, attachment portion and lower surface of the attachment portion to the heating surface of the pan body are shown in Figs 1-8);
a shield positioned along the sidewall of the pan body and extending between a lower surface of the attachment portion of the handle and the lower heating surface of the pan body. (Cast aluminum cover 61 surrounds at least a portion of the thermal probe 5 and is insulated for blocking radiant heat. The cast aluminum material would also protect against impacts. See Paragraphs [0011], [0038], [0045])
Li fails to disclose the shield being coupled to the thermal probe by a spring member.
However, Magnouloux discloses a cooking pan having a pan body, cooking surface and heating surface with a thermal probe 30, including conducting elements 31 and 32 extending between the pan body and handle as shown in Figs 1-2. The probe is encased in a sheath 33. (See Fig 3 and Paragraph [0050]) The spring members 46a and 46b retain the sheath 33 to the support 40, which is considered the shield. (See Paragraph [0052])
It would have been obvious to a person having ordinary skill in the art to adapt Li in view of Magnouloux to provide the shield being coupled to the thermal probe by a spring fastener for retaining the probe inside the shield or support surface and prevent movement.
Regarding claim 24, temperature sensing gauge/head 52 is mounted in the handle and coupled to the thermal probe and indicates the temperature of the pan body. (See Paragraphs [0045], [0046], [0059]) Radial slot functions as a hole for inserting the probe 5 into the pan bottom. (See Figs 6 and Paragraph [0044]) Regarding claim 25, Cast aluminum cover 61 surrounds at least a portion of the thermal probe 5 and is insulated for blocking radiant heat. The cast aluminum material would also protect against impacts. (See Paragraphs [0011], [0038], [0045]) Fig 1 shows the thermal probe 5 having a curved portion and the shield or cover 61 forming a boot with upper and lower portions extending at an angle relative to each other, matching the curve of the probe 5. Fig 8 clearly shows the cover 61 having upper lateral sides and the lower portion has an elongated extension extending to the pan body. Regarding claim 26, radial slot functions as a hole for inserting the probe 5 into the pan bottom. (See Figs 6 and Paragraph [0044]) Regarding claim 27, Fig 8 clearly shows the cover 61 having upper lateral sides and the lower portion has an elongated extension, defining a hollow cavity, extending to the pan body.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 108378678) in view of Magnouloux et al (US 2017/0099990) and Cheng et al (US 2017/0231415).
The teachings of Li have been discussed above. Li fails to disclose the pan is riveted to the body…handle?
Cheng discloses a pan having a handle with a thermal probe. The handle is riveted to the body. (See Paragraph [0063])
It would have been obvious to adapt Li in view of Cheng to provide the riveting as this is an obvious variant for securing parts of a pan together.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 9/29/2026
