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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9, 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1 and 19, line 9, the limitation “a food item” is unclear if it is referring to the food item recited in line 5, or a different food item.
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.
Claims 1-9, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WANG (US 2021/0145212) in view of WU (US 2019/0250043).
Regarding claim 1, WANG teaches an oven appliance (10; para.0026) comprising: a cabinet defining a cooking chamber (as shown in Fig. 1); a heat source disposed within the cooking chamber (para. 0026); a temperature sensor (120, 125; as shown in Fig. 1; para. 0037-0038) in thermal communication with the cooking chamber (as shown in Fig. 1) to detect temperature at a food item (15) therein (para. 0037; 0025); a user interface (130; as shown in Fig. 1; para. 0027; 0029; 0040) comprising a display attached to the cabinet (via wired the computing system or directly to the cabinet of the cooking system; para. 0027; 0029; as shown in Fig. 1); and a controller (computing system 110; as shown in Fig. 1) in operable communication with the temperature sensor (para. 0027-0028; 0037), the controller being configured to direct a monitoring operation comprising measuring a first temperature of a food item within the cooking chamber of the oven appliance (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), determining elapse of a detection interval instance following detection of the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), measuring a second temperature of the food item following measuring the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), calculating a temperature delta between the second temperature and the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), determining a time delta of time between measuring the first temperature and measuring the second temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), estimating a remaining time of the food item based on the time delta and the temperature delta (para. 0066; 0069; 0077-0078), and presenting the estimated remaining time at the user interface of the oven appliance (para. 0047; 0079-0081).
WANG fails to explicitly disclose determining the temperature delta is within a predetermined functional range between 10° Fahrenheit and 20° Fahrenheit, and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range.
WU teaches determining the temperature delta is within a predetermined functional range (S1023; as shown in Fig. 11; para. 0076-0077), determining a time delta of time between measuring a first temperature and measuring a second temperature (para. 0080-0086), and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range (does not exceed the threshold; para. 0077; 0089-0095).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monitoring operation of the controller of WANG, with WU, by determining the temperature delta is within a predetermined functional range, and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range, to assure cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time. POSITA would have known that determining the temperature delta is within a predetermined functional range, and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range would have a reasonable expectation of success and predictable results such as assuring cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time.
WANG and WU combined fail to disclose wherein the predetermined functional range is between 10° Fahrenheit and 20° Fahrenheit.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the claimed temperature delta predetermined functional range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 2, WANG and WU combined teach the oven appliance of claim 1, wherein the temperature sensor is disposed within the cooking chamber of the oven appliance (WANG; as shown in Fig. 1), wherein the first temperature is measured at the temperature sensor within the cooking chamber (WANG, as shown in Fig. 1, para. 0037; WU, para. 0030), and wherein the second temperature is measured at the temperature sensor within the cooking chamber (WANG, as shown in Fig. 1, para. 0037; WU, para. 0030).
Regarding claim 3, WANG and WU combined teach the oven appliance of claim 1, wherein determining the temperature delta is within the predetermined functional range comprises determining an absolute value of the temperature delta is less than or equal to an upper delta limit (WU; as shown in Fig. 11; the false result of the question |T1 – Tp1| > VTH1? is less than or equal to the threshold value).
Regarding claim 4, WANG and WU combined teach the oven appliance of claim 3, wherein determining the temperature delta is within the predetermined functional range comprises determining the temperature delta is greater than or equal to a lower delta limit following determining the absolute value of the temperature delta is less than the upper delta limit (WU; as shown in Fig. 11; the false result of the question |T1 – Tp1| > VTH1? is less than or equal to the threshold value, which range inherently will have a lower delta limit, like cero).
Regarding claim 5, WANG and WU combined teach all the elements of the claimed invention as set forth above, except for, wherein the lower delta limit is less than or equal to 10° Fahrenheit.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the claimed lower delta limit, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 6, WANG and WU combined teach the oven appliance of claim 1, wherein the monitoring operation further comprises determining elapse of a second detection interval instance following detection of the second temperature (WANG, the detection process is continuously performed until cooking completion, para. 0039; 0047; 0060-0061; WU, the detection process is continuously performed until terminated, para. 0077-0094, as shown in Fig. 11), measuring a third temperature of the food item in response to elapse of the second detection interval instance (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11),
calculating a second temperature delta between the third temperature and the second temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining an absolute value of the second temperature delta is greater than an upper delta limit (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), and maintaining the estimated remaining time in response to determining the absolute value of the second temperature delta is greater than or equal to the upper delta limit (WU; the detection process is continuously performed until terminated, in this case, if threshold exceeded, time remaining is not updated; para. 0077-0094; as shown in Fig. 11).
Regarding claim 7, WANG and WU combined teach the oven appliance of claim 6, wherein the monitoring operation further comprises determining elapse of a third detection interval instance following detection of the second temperature (WANG, the detection process is continuously performed until cooking completion, para. 0039; 0047; 0060-0061; WU, the detection process is continuously performed until terminated, para. 0077-0094, as shown in Fig. 11), measuring a fourth temperature of the food item in response to elapse of the third detection interval instance (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11),
calculating a third temperature delta between the fourth temperature and the third temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining the third temperature delta is within the predetermined functional range (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining a third time delta of time between measuring the third temperature and measuring the fourth temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), updating the estimated remaining time of the food item based on the third time delta in response to determining the third temperature delta is within the predetermined functional range (WU; the detection process and time remaining calculation is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), and presenting the updated estimated remaining time at the user interface of the oven appliance (WANG, para. 0047, 0079-0081; WU, para. 0011, 0089).
Regarding claim 8, WANG and WU combined teach the oven appliance of claim 1, wherein the monitoring operation further comprises determining elapse of a second detection interval instance following detection of the second temperature (WANG, the detection process is continuously performed until cooking completion, para. 0039; 0047; 0060-0061; WU, the detection process is continuously performed until terminated, para. 0077-0094, as shown in Fig. 11), measuring a third temperature of the food item in response to elapse of the second detection interval instance (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11),
calculating a second temperature delta between the third temperature and the second temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining the second temperature delta is less than a lower delta limit (WU; the detection process is continuously performed until
terminated, para. 0077-0094; as shown in Fig. 11), and maintaining the estimated remaining time in response to determining the second temperature delta is less than the lower delta limit (WU; the detection process and remaining time calculation is continuously performed until terminated, in this case, if outside range, time remaining is not updated, para. 0077-0094; as shown in Fig. 11).
Regarding claim 9, WANG and WU combined teach teaches the oven appliance of claim 8, wherein the monitoring operation further comprises determining elapse of a third detection interval instance following detection of the second temperature (WANG, the detection process is continuously performed until cooking completion, para. 0039; 0047; 0060-0061; WU, the detection process is continuously performed until terminated, para. 0077-0094, as shown in Fig. 11), measuring a fourth temperature of the food item in response to elapse of the third detection interval instance (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), calculating a third temperature delta between the fourth temperature and the second temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining the third temperature delta is within the predetermined functional range (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining a third time delta of time between measuring the second temperature and measuring the fourth temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), updating the estimated remaining time of the food item based on the third time delta in response to determining the third temperature delta is within the predetermined functional range (WU; the detection process and time remaining calculation is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), and presenting the updated estimated time at the user interface of the oven appliance (WANG, para. 0047, 0079-0081; WU, para. 0011, 0089).
Regarding claim 19, WANG teaches an oven appliance (10; para. 0026)
comprising: a cabinet defining a cooking chamber (as shown in Fig. 1); a heat source disposed within the cooking chamber (para. 0026); a temperature sensor (120, 125; as shown in Fig. 1; para. 0037-0038) in thermal communication with the cooking chamber (as shown in Fig. 1) to detect temperature at a food item (15) therein (para. 0037; 0025); a user interface (130; as shown in Fig. 1; para. 0027; 0029; 0040) comprising a display attached to the cabinet (via wired the computing system or directly to the cabinet of the cooking system; para. 0027; 0029; as shown in Fig. 1); and a controller (computing system 110; as shown in Fig. 1) in operable communication with the temperature sensor (para. 0027-0028; 0037), the controller being configured to direct a monitoring operation comprising measuring a first temperature of a food item within the cooking chamber of the oven appliance (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), determining elapse of a detection interval instance following detection of the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), measuring a second temperature of the food item following measuring the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), calculating a temperature delta between the second temperature and the first temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), determining a time delta of time between measuring the first temperature and measuring the second temperature (part of the current temperature curve/profile; para. 0030-0031; 0060-0061; 0066), estimating a remaining time of the food item based on the time delta and the temperature delta (para. 0066; 0069; 0077-0078), and presenting the estimated remaining time at the user interface of the oven appliance (para. 0047; 0079-0081).
WANG fails to explicitly disclose determining the temperature delta is within a predetermined functional range, estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range, wherein determining the temperature delta is within the predetermined functional range comprises determining an absolute value of the temperature delta is less than or equal to an upper delta limit and determining the temperature delta is greater than or equal to a lower delta limit following determining the absolute value of the temperature delta is less than the upper delta limit, wherein the upper delta limit is greater than or equal to 20° Fahrenheit, and wherein the lower delta limit is less than or equal to 10° Fahrenheit.
WU teaches determining the temperature delta is within a predetermined functional range (S1023; as shown in Fig. 11; para. 0076-0077), determining a time delta of time between measuring a first temperature and measuring a second temperature (para. 0080-0086), estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range (does not exceed the threshold; para. 0077; 0089-0095), wherein determining the temperature delta is within the predetermined functional range comprises determining an absolute value of the temperature delta is less than or equal to an upper delta limit (as shown in Fig. 11; the false result of the question |T1 – Tp1| > VTH1? is less than or equal to the threshold value) and determining the temperature delta is greater than or equal to a lower delta limit following determining the absolute value of the temperature delta is less than the upper delta limit (as shown in Fig. 11; the false result of the question |T1 – Tp1| > VTH1? is less than or equal to the threshold value, which range inherently will have a lower delta limit, like cero).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monitoring operation of the controller of WANG, with WU, by determining the temperature delta is within a predetermined functional range, estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range, determining an absolute value of the temperature delta is less than or equal to an upper delta limit and determining the temperature delta is greater than or equal to a lower delta limit following determining the absolute value of the temperature delta is less than the upper delta limit, to assure cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time. POSITA would have known that determining the temperature delta is within a predetermined functional range, estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range, determining an absolute value of the temperature delta is less than or equal to an upper delta limit and determining the temperature delta is greater than or equal to a lower delta limit following determining the absolute value of the temperature delta is less than the upper delta limit would have a reasonable expectation of success and predictable results such as assuring cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time.
WANG and WU combined fail to disclose wherein the upper delta limit is greater than or equal to 20° Fahrenheit, and wherein the lower delta limit is less than or equal to 10° Fahrenheit.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the claimed upper delta limit and lower delta limit, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 20, WANG and WU combined teach the oven appliance of claim 1, wherein the monitoring operation further comprises determining elapse of a second detection interval instance following detection of the second temperature (WANG, the detection process is continuously performed until cooking completion, para. 0039; 0047; 0060-0061; WU, the detection process is continuously performed until terminated, para. 0077-0094, as shown in Fig. 11), measuring a third temperature of the food item in response to elapse of the second detection interval instance (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11),
calculating a second temperature delta between the third temperature and the second temperature (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), determining the second temperature delta is less than the lower delta limit (WU; the detection process is continuously performed until terminated, para. 0077-0094; as shown in Fig. 11), and maintaining the estimated remaining time in response to determining the second temperature delta is less than the lower delta limit (WU; the detection process and remaining time calculation is continuously performed until terminated, in this case, if outside range, time remaining is not updated, para. 0077-0094; as shown in Fig. 11).
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that "Claim 1 recites determining the temperature delta is within a predetermined functional range between 10° Fahrenheit and 20° Fahrenheit. However, the cited references at least fail to indicate
this step. For at least this reason, Applicant submits that the pending claims patentably define over the materials cited in the Office Action and requests that the rejections under § 103 be withdrawn." on remarks page 11, lines 19-23. In response to Applicant's arguments, WU teaches determining the temperature delta is within a predetermined functional range (S1023; as shown in Fig. 11; para. 0076-0077),
determining a time delta of time between measuring a first temperature and measuring a second temperature (para. 0080-0086), and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range (does not exceed the threshold; para. 0077; 0089-0095). Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monitoring operation of the controller of WANG, with WU, by determining the temperature delta is within a predetermined functional range, and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range, to assure cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time. POSITA would have known that determining the temperature delta is within a predetermined functional range, and estimating a remaining time of the food item based on the time delta in response to determining the temperature delta is within the predetermined functional range would have a reasonable expectation of success and predictable results such as assuring cooking/food quality, and further improve and assure proper determination of the estimated cooking remaining time. WANG and WU combined fail to disclose wherein the predetermined functional range is between 10° Fahrenheit and 20° Fahrenheit. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the claimed temperature delta predetermined functional range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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 ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 07/09/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761