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 .
Response to Amendment
The amendment filed 02/05/2026 has been entered. Claims 1-2, 5-16, and 19-20 remain pending in the application. Applicant’s amendments to the Drawings have overcome each and every objection previously set forth in the Non-Final Office Action mailed 11/06/2025.
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.
Claim(s) 19 is/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.
Claim 19 recites the limitation "the first heating element" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the second heating element" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 6-8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), and Bonuso (US 20100147825 A1).
Regarding claim 1, Swayne teaches (Paragraph 0002, 0021; Fig. 1 #10, 12, 15, 16, 18, 20) a food cooking method and apparatus, wherein a cooking appliance 10 includes an interior oven cavity 12 with heating elements for heating the oven cavity 12 and cooking a food item 15, including a broil heating element 16 (first heating element), a bake heating element 18, and a convection heating element 20 (second heating element). Swayne further teaches (Paragraph 0021) the bake heating element 18 is disposed at (i.e. in or adjacent) a lower portion of the oven cavity 12, generally opposite the broil heat element 16, and the convection heating element 20 is disposed at a back portion of the oven cavity 12 (spaced about the oven cavity as shown in Figure 1). In addition Swayne teaches (Paragraph 0054) the temperature inside the oven cavity may be detected (measured temperature) and comparted to a target temperature. Also, Swayne teaches (Paragraph 0052, 0055) during an ultimate post-heat stage S3 (first stage), two or more heating elements are operated according to a predetermined, timed duty cycle, wherein the greater the difference between the temperature of the oven cavity and the target temperature, the longer the heating element(s) will be turned on during each duty cycle (i.e., the duration for which each heating element is energized is regulated based on a measured temperature and a first predetermined target temperature). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 being operated for about the first 10 seconds of the duty cycle, the broil heating element 16 (first heating element) being operated for about the following 5 seconds (first duration) of the duty cycle, and finally the convection heating element 20 (second heating element) being operated for about the next 45 seconds (sequentially energized for second duration) of the duty cycle. Additionally, Swayne teaches (Paragraph 0045) post-heat stage S3 (first stage) may continue until a user-selected maximum air fry time (predetermined amount of time).
Swayne is silent on a second stage in which the first heating element and the second heating element are sequentially energized according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature that is greater than the first predetermined temperature. Swayne is further silent on the first stage ceasing and the second stage commencing after the first duty cycle is performed for the predetermined amount of time.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 (shown positioned above the food item in Figure 1) is used to cook the starch-based food item at a second temperature. Su further teaches (Paragraph 0012, 0087) the starch-based food item may be cooked at the first temperature for a first time duration, wherein the cooking procedures may use a fixed time duration (predetermined amount of time).
Robey teaches (Section 3, 6) performing a roasting process comprising preheating an oven, roasting at a lower temperature slowly (first stage) and then increasing heat (which would result in an increase in temperature) at the end of cooking for browning (second stage).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Swayne, as modified above to include a second stage wherein the heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature and wherein the first stage performs the first duty cycle for a predetermined amount of time, at which point the first stage ceases and the second stage commences in view of Su and Robey since each is directed to a method of heating food products in heating devices, since Swayne and Su are both directed to methods of stopping the first stage after a predetermined amount of time, since second stages, such as browning, wherein heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature are known in the art from Su and Robey, since performing the first duty cycle of the first stage for a predetermined amount of time, at which point the first stage ceases and the second stage commences, is known in the art as shown by Su, since performing a first stage such as a roasting stage at a high heat with dry ingredients out, lower heating (lower temperature) should be used for a first stage, while increased heat/temperature can provide browning afterwards (Robey, Section 6), since food products such as starch based food products can be gelatinized and obtain an appetizing appearance, such as a golden or browning color by using a higher temperature in a second stage (Su, Paragraph 0073), since performing a second stage at a higher temperature, such as to brown the food product, will provide the food product with an appearance and texture that many consumers desire, since performing the first stage for a predetermined amount of time will provide consistent results and allow users to know how long cooking will take place, and since time duration can be input via the user interface unit (Su, Paragraph 0018) allowing users to precisely control the cooking process to their preference.
Donarski teaches (Paragraph 0003, 0025, 0041) a method of operating an electric cooking oven, wherein electric broil elements are used to broil or "top brown" food and wherein an electric broiling element is deactivated if the temperature within the cooking chamber exceeds a shutoff temperature (second predetermined target temperature), wherein a control unit determines from a temperature sensor (measured temperature) that a shutoff temperature has been achieved. Also, Donarski teaches (Paragraph 0053) a control routine may be altered to vary the duty cycle of the electric broil elements 26 during performance of a broiling operation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne to operate the heating elements according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature in view of Donarski, since both are directed to methods of heating food products in oven cavities, since performing a heating process such as browning using a broiler element until a measured temperature exceeds a predetermined target temperature is known in the art from Donarski, since using a shut-off temperature will prevent the food product from being burned, since deactivating the heating elements when a shutoff temperature is reached mya be performed by a control unit (Donarski, Paragraph 0009), providing user convenience by preventing the need for the user to monitor and end the second stage operation, and since, in the case of closed-loop control (e.g., PID) or timing-based control (e.g., duty cycling), the increased closed door shutoff temperature (e.g., 550°F) is utilized to allow for increased temperature within the oven's cooking chamber 14 during a broiling procedure with the oven door closed 36 thereby facilitating adequate preparation of foodstuffs relative to operation of the electric broil elements 26 with the lower open-door shutoff temperature (e.g., 450° F) (Donarski, Paragraph 0048).
Paller teaches (Paragraph 0001, 0008, 0023; Fig. 2 #52) a method of operating oven appliances having combined convection and radiant heating features, wherein a broiler assembly includes a convection heating element (second heating element) and a radiant heating element (first heating element) 52, shown positioned at the top of an oven cavity in Figure 2. Paller further teaches (Claim 9) initiating a broiling operation, the broiling operation including activating both the radiant heating element (first heating element) and the convection heating element (second heating element).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to operate both the first heating element and second heating element in the second stage in view of Paller since both are directed to methods of heating food products in oven cavities with heating elements including a heating element at the top of an oven cavity (first heating element) and a convection heating element (second heating element), since performing a broiling or browning process as the second stage of cooking a food item is known in the art as shown above by Su and Robey, since the combined system of a convection heating element (second heating element) and a radiant heating element (first heating element) provides advantages over broilers using a single energy source, such as only electric or only combustion including improved heat intensity as compared to a purely radiant or purely convective broil system (Paller, Paragraph 0024), since, by bathing the electric element 52 in the hot air or exhaust from the convective heating element 50, the relatively low powered (e.g., about 1500 W) electric element 52 can achieve temperatures that will allow it to radiate substantial energy to food items in the cooking chamber, and together with the convective heat element 52 gives superior broil results (Paller, Paragraph 0024), since including convection heating element 50 and radiant heating element 52, may provide several advantages, including that the broiler assembly 44 may allow for control of where the flow of hot gases goes so that temperature distribution is improved (Paller, Paragraph 0044), and since the broiler assembly 44 may have a clean, low-profile appearance and may be flush or nearly flush with the top wall 30 (increasing useable volume of the cooking chamber 14), e.g., due to the relatively smaller size of the low-power radiant heating element 52 (Paller, Paragraph 0044).
It is noted that operation of the first and second heating elements will necessarily entail operation for a duty cycle (i.e., the elements are energized for at least some length or percentage of a period of time), and, as shown above, Donarski discloses operation, at least of broil elements according to a duty cycle. Moreover, as shown above, Swayne discloses operation of the elements according a duty cycle, including sequentially energizing the first heating element and second heating element.
Bonuso teaches (Paragraph 0007) a method of operating a combination convection and radiant cooking oven, wherein various heating elements are sequentially operated on a predetermined priority basis in order to, along with the fans, establish numerous effective cooking sequences. Also, Bonuso teaches (Paragraph 0016) in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, the overall control to be described has been established such that the sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to sequentially energize the heating elements in a second duty cycle of a second stage in view of Bonuso, since Swayne teaches a first stage with sequential energization of first and second heating elements in a duty cycle, since performing a second stage of heating in a heating device is known in the art from Su and Robey as shown above, since sequentially operated of heating elements on a predetermined priority basis establishes numerous effective cooking sequences (Bonuso, Paragraph 0007), since, in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes (Bonuso, Paragraph 0016), and since sequentially energizing the first and second heating elements would prevent exposing the food product to excessive heat and lower the energy consumed compared to energizing both heating elements at the same time.
Additionally, while Swayne, as modified above does not explicitly state that the first and second heating elements are energized in sequence (i.e., the second heating element is energized after the first heating element), doing so would have been obvious to try since energizing heating elements in sequence to heat food products is known in the art as shown by Swayne and Bonuso, since energizing first and second heating elements has a finite number of identified, predictable potential solutions (first heating element than second heating element or second heating element then first heating element), and since one of ordinary skill in the art could have pursued these known potential solutions with a reasonable expectation of success (See MPEP 2143 E).
Regarding claim 2, as shown above, Swayne teaches (Paragraph 0021) the bake heating element 18 is disposed at (i.e. in or adjacent) a lower portion of the oven cavity 12, generally opposite the broil heat element 16, and the convection heating element 20 is disposed at a back portion of the oven cavity 12 (spaced about the oven cavity). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 being operated for about the first 10 seconds of the duty cycle, the broil heating element 16 (first heating element) being operated for about the following 5 seconds (first duration) of the duty cycle, and finally the convection heating element 20 (second heating element) being operated for about the next 45 seconds (sequentially energized for second duration) of the duty cycle. As shown in Figure 1, heating elements 16, 18, and 20 are located above, below, and to the side of the food item 15. Operating the heating elements in sequence is understood to provide a rotating cycle of heat about the food item.
Regarding claim 6, Swayne teaches (Paragraph 0054, 0055) a PID temperature control algorithm may be utilized for controlling the duty cycle that operates the heating element(s) within the oven cavity 12 during the post-heat stage S3, wherein a PID temperature control algorithm may calculate a gain by comparing an error of a detected temperature inside the oven cavity to a target temperature of the algorithm, and the greater the difference between the temperature of the oven cavity and the target temperature, the longer the heating element(s) will be turned on during each duty cycle, while as the temperature of the oven cavity approaches the target temperature, the PID temperature control algorithm activates the heating-element duty cycle for a shorter period of time.
Regarding claim 7, as shown above, Swayne teaches (Paragraph 0052, 0055) during an ultimate post-heat stage S3 (first stage), two or more heating elements are operated according to a predetermined, timed duty cycle, wherein the greater the difference between the temperature of the oven cavity and the target temperature, the longer the heating element(s) will be turned on during each duty cycle (i.e., the duration for which each heating element is energized is regulated based on a measured temperature and a first predetermined target temperature). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 (third heating element) being operated for about the first 10 seconds (third duration) of the duty cycle, the broil heating element 16 (first heating element) being operated for about the following 5 seconds (first duration) of the duty cycle, and finally the convection heating element 20 (second heating element) being operated for about the next 45 seconds (second duration) of the duty cycle.
Regarding claim 8, Swayne teaches (Paragraph 0054, 0055) a PID temperature control algorithm may be utilized for controlling the duty cycle that operates the heating element(s) within the oven cavity 12 during the post-heat stage S3, wherein the PID temperature control algorithm determines based on feedback temperature measurements that the heating-element duty cycle should be activated to resume or maintain the target temperature. Also, Swayne teaches (Paragraph 0067; Fig. 5) at least two of the plurality of heating elements 16, 18 and 20 are operated sequentially during each stages of the instant electric air-fry algorithm, and in the exemplary embodiment shown in Figure 5, heating elements are operated sequentially for duty cycle in each of the disclosed heating stages.
Regarding claim 10, Swayne teaches (Paragraph 0043) an initial pre-heat stage S1 of the pre-determined plurality of heating stages, wherein the oven cavity 12 is pre-heated according to a duty cycle, running at least one of the plurality of heating elements 16, 18 and 20 during the duty cycle to approach and preferably achieve a first target temperature, wherein, in an embodiment, the duty cycle continues to be cycled until the measured temperature in the cavity achieves (i.e., reaches or exceeds) the first target temperature.
Swayne is silent on the first heating element and the second heating element being sequentially energized.
Bonuso teaches (Paragraph 0007) a method of operating a combination convection and radiant cooking oven, wherein various heating elements are sequentially operated on a predetermined priority basis in order to, along with the fans, establish numerous effective cooking sequences. Bonuso further teaches (Paragraph 0017, Table 1) a pre-heat phase wherein, during a duty cycle of 60 seconds broil element 30 (first heating element) is initially activated for 10 seconds out of the overall 60 second duty cycle during the preheat phase; thereafter, bake element 34 is activated for 10 seconds; then, each of second and first convection heating elements 67 (second heating element) and 66 are activated, one at a time, for 25 seconds each. Also, Bonuso teaches (Paragraph 0016) in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, the overall control to be described has been established such that the sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to sequentially energize the first heating element and the second heating element during a pre-heat stage in view of Bonuso, since both are directed to methods of heating food products in oven cavities with first and second heating elements, since sequentially energizing first and second heating elements in a preheat stage is known in the art as shown by Bonuso, since sequentially operated heating elements on a predetermined priority basis establishes numerous effective cooking sequences (Bonuso, Paragraph 0007), since, in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes (Bonuso, Paragraph 0016), and since using both the first and second heating elements for preheating would raise the oven cavity temperature faster.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), and Bonuso (US 20100147825 A1), and further in view of Swayne (US 10721948 B1).
Regarding claim 5, Swayne (US 20200229639 A1) teaches (Paragraph 0028; Fig. 1 #40) setting or choosing a cooking temperature may be caused by a user activating a control panel 40 (user interface). Swayne (US 20200229639 A1) further teaches (Paragraph 0048, 0050) the target temperature of post-heat stage S3 (first predetermined target temperature) is a setpoint temperature (corresponding to the user-selected temperature) plus a temperature offset that may be determined via an iterative process for that particular cavity to ensure consistent air-fry results.
Swayne (US 20200229639 A1), as modified above, is silent on the second predetermined target temperature being offset from the desired temperature by a second predetermined offset.
Swayne (US 10721948 B1) teaches (Col. 1, lines 26-33; Col. 3, lines 65-66) a method for cooking food in an oven, wherein a user may input a set point temperature. Swayne (US 10721948 B1) further teaches (Col. 5, lines 7-40) heating the oven cavity to a first target temperature that may be offset from the set point temperature in an initial stage (first stage) and heating the oven cavity to a second target temperature that may also be offset from the setpoint temperature in a final stage (second stage).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne (US 20200229639 A1), as modified above, to offset the second predetermined target temperature from the desired temperature by a second predetermined offset as taught by Swayne (US 10721948 B1) since both are directed to methods of heating food products in ovens with a first stage having a temperature offset, since offsetting the second predetermined target temperature from the desired temperature by a second predetermined offset is known in the art as shown by Swayne (US 10721948 B1), since an offset can account for increased heat retention resulting from an air guard (Swayne (US 10721948 B1), Col. 5, lines 39-40), and since other conditions that may benefit from a set point temperature offset can include, for example, the particular insulation efficiency, heat capacity and other thermal properties of the appliance and its components (Swayne (US 10721948 B1), Col. 5, lines 40-47).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), and further in view of Carter (US 20180125083 A1).
Regarding claim 9, Swayne, as modified above, is silent on the second predetermined target temperature being at least 40 °F greater than the first predetermined target temperature.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 (shown positioned above the food item in Figure 1) is used to cook the starch-based food item at a second temperature. Also, Su teaches (Paragraph 0015) in some embodiments, the first temperature is in the range from 100 to 120° C (212-248 °F); and the second temperature is in the range from 160° C to 170° C (320-338 °F).
Carter teaches (Paragraph 0002, 0042, 0044, claim 6) a smoker with a bottom heat source and a high temperature top heat source that can finish cooking smoked food by subjecting the food to the high temperature heat source during the cooking process to brown the food, wherein, in an exemplary embodiment, a cabinet temperature is set to about 230° F for a first period of time (first stage) and an additional browning or caramelizing process is performed for a second period of time afterwards (second stage) by exposing the food product to the intense heat of the top heat source, wherein the high temperature heat source maintains a temperature between 300° F and 500° F (70° to 270°F greater) in the browning volume.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to set the second predetermined target temperature to be at least 40 °F greater than the first predetermined target temperature in view of Su and Carter since each of Swayne, Su, and Carter is directed to a method of cooking a food product in a heating device with multiple cooking stages, since performing a second cooking stage at a temperature at least 40 °F greater than the target temperature of a first stage is known in the art as shown by Su and Carter, and since the ranges selected for the first temperature and the second temperature are preferred ranges, which can achieve a good balance between the reduction of rapidly digestible starch and the tasting quality (Su, Paragraph 0015), since the first temperature above 80° C ensures a temperature higher than the starch gelatinization temperature and thus can at least partially gelatinize the food items to be cooked; while the second temperature above 150° C ensures a high temperature for the food items, which temperature is sufficient to result in a browning/golden appearance of the food item (Su, Paragraph 0014), and since higher temperatures in the browning volume 50, up to 500° F, allow for faster browning in the browning volume (Carter, Paragraph 0026).
Furthermore, the claimed difference of at least 40 °F between the second predetermined target temperature and the first predetermined target temperature would have been used during the course of normal experimentation and optimization procedures in the method of Swayne, as modified above, based upon factors such as the type of food product, the length of each stage, the proximity of the food to the heating elements, the intended temperature and texture of food (e.g. browning, caramelization), etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit from the claimed difference of at least 40 °F between the second predetermined target temperature and the first predetermined target temperature that would render it non-obvious.
Claim(s) 11-14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), Fung (US 20150040774 A1) and Johnson (US 20170118798 A1).
Regarding claim 11, Swayne teaches (Paragraph 0002, 0021; Fig. 1 #10, 12, 15, 16, 18, 20) a food cooking method and apparatus, wherein a cooking appliance 10 includes an interior oven cavity 12 with heating elements for heating the oven cavity 12 and cooking a food item 15, including a broil heating element 16, a bake heating element 18, and a convection heating element 20. Swayne further teaches (Paragraph 0021) the bake heating element 18 is disposed at (i.e. in or adjacent) a lower portion of the oven cavity 12, generally opposite the broil heat element 16, and the convection heating element 20 is disposed at a back portion of the oven cavity 12 (spaced about the oven cavity as shown in Figure 1). In addition Swayne teaches (Paragraph 0054) the temperature inside the oven cavity may be detected (measured temperature) and comparted to a target temperature. Also, Swayne teaches (Paragraph 0052, 0055) during an ultimate post-heat stage S3 (first stage), two or more heating elements are operated according to a predetermined, timed duty cycle, wherein the greater the difference between the temperature of the oven cavity and the target temperature, the longer the heating element(s) will be turned on during each duty cycle (i.e., the duty is regulated based on a measured temperature and a first predetermined target temperature). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 being operated for about the first 10 seconds of the duty cycle, the broil heating element 16 being operated for about the following 5 seconds of the duty cycle, and finally the convection heating element 20 being operated for about the next 45 seconds (sequentially energized) of the duty cycle.
Swayne is silent on a second stage in which the broil element and the convection element are sequentially energized according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature that is greater than the first predetermined temperature, wherein the second stage does not energize the bake element.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 (shown positioned above the food item in Figure 1) is used to cook the starch-based food item at a second temperature.
Robey teaches (Section 3, 6) performing a roasting process comprising preheating an oven, roasting at a lower temperature slowly (first stage) and then increasing heat (which would result in an increase in temperature) at the end of cooking for browning (second stage).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Swayne, as modified above to include a second stage wherein the heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature in view of Su and Robey since each is directed to a method of heating food products in heating devices since second stages, such as browning, wherein heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature are known in the art from Su and Robey, since performing a first stage such as a roasting stage at a high heat with dry ingredients out, lower heating (lower temperature) should be used for a first stage, while increased heat/temperature can provide browning afterwards (Robey, Section 6), since food products such as starch based food products can be gelatinized and obtain an appetizing appearance, such as a golden or browning color by using a higher temperature in a second stage (Su, Paragraph 0073), and since performing a second stage at a higher temperature, such as to brown the food product, will provide the food product with an appearance and texture that many consumers desire.
Donarski teaches (Paragraph 0003, 0025, 0041) a method of operating an electric cooking oven, wherein electric broil elements are used to broil or "top brown" food and wherein an electric broiling element is deactivated if the temperature within the cooking chamber exceeds a shutoff temperature (second predetermined target temperature), wherein a control unit determines from a temperature sensor (measured temperature) that a shutoff temperature has been achieved. Also, Donarski teaches (Paragraph 0053) a control routine may be altered to vary the duty cycle of the electric broil elements 26 during performance of a broiling operation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne to operate the heating elements according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature in view of Donarski, since both are directed to methods of heating food products in oven cavities, since performing a heating process such as browning using a broiler element until a measured temperature exceeds a predetermined target temperature is known in the art from Donarski, since using a shut-off temperature will prevent the food product from being burned, since deactivating the heating elements when a shutoff temperature is reached may be performed by a control unit (Donarski, Paragraph 0009), providing user convenience by preventing the need for the user to monitor and end the second stage operation, and since, in the case of closed-loop control (e.g., PID) or timing-based control (e.g., duty cycling), the increased closed door shutoff temperature (e.g., 550°F) is utilized to allow for increased temperature within the oven's cooking chamber 14 during a broiling procedure with the oven door closed 36 thereby facilitating adequate preparation of foodstuffs relative to operation of the electric broil elements 26 with the lower open-door shutoff temperature (e.g., 450° F) (Donarski, Paragraph 0048).
Paller teaches (Paragraph 0001, 0008, 0023; Fig. 2 #52) a method of operating oven appliances having combined convection and radiant heating features, wherein a broiler assembly includes a convection heating element and a radiant heating element 52, shown positioned at the top of an oven cavity in Figure 2 (broil element). Paller further teaches (Claim 9) initiating a broiling operation, the broiling operation including activating both the radiant heating element (broil element) and the convection heating element (second heating element).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to operate both the broil heating element and convection heating element in the second stage in view of Paller since both are directed to methods of heating food products in oven cavities with heating elements including a heating element at the top of an oven cavity (broil element) and a convection heating element, since performing a broiling or browning process as the second stage of cooking a food item is known in the art as shown above by Su and Robey, since the combined system of a convection heating element and a radiant heating element (broil element) provides advantages over broilers using a single energy source, such as only electric or only combustion including improved heat intensity as compared to a purely radiant or purely convective broil system (Paller, Paragraph 0024), since, by bathing the electric element 52 in the hot air or exhaust from the convective heating element 50, the relatively low powered (e.g., about 1500 W) electric element 52 can achieve temperatures that will allow it to radiate substantial energy to food items in the cooking chamber, and together with the convective heat element 52 gives superior broil results (Paller, Paragraph 0024), since including convection heating element 50 and radiant heating element 52 (broil element), may provide several advantages, including that the broiler assembly 44 may allow for control of where the flow of hot gases goes so that temperature distribution is improved (Paller, Paragraph 0044), and since the broiler assembly 44 may have a clean, low-profile appearance and may be flush or nearly flush with the top wall 30 (increasing useable volume of the cooking chamber 14), e.g., due to the relatively smaller size of the low-power radiant heating element 52 (Paller, Paragraph 0044).
It is noted that operation of the broil and convection heating elements will necessarily entail operation for a duty cycle (i.e., the elements are energized for at least some length or percentage of a period of time), and, as shown above, Donarski discloses operation, at least of broil elements according to a duty cycle. Moreover, as shown above, Swayne discloses operation of the elements according a duty cycle, including sequentially energizing the broil element and convection element.
Bonuso teaches (Paragraph 0007) a method of operating a combination convection and radiant cooking oven, wherein various heating elements are sequentially operated on a predetermined priority basis in order to, along with the fans, establish numerous effective cooking sequences. Also, Bonuso teaches (Paragraph 0016) in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, the overall control to be described has been established such that the sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to sequentially energize the heating elements in a second duty cycle of a second stage in view of Bonuso, since Swayne teaches a first stage with sequential energization of first and second heating elements in a duty cycle, since performing a second stage of heating in a heating device is known in the art from Su and Robey as shown above, since sequentially operated of heating elements on a predetermined priority basis establishes numerous effective cooking sequences (Bonuso, Paragraph 0007), since, in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes (Bonuso, Paragraph 0016), and since sequentially energizing the first and second heating elements would prevent exposing the food product to excessive heat and lower the energy consumed compared to energizing both heating elements at the same time.
Additionally, while Swayne, as modified above does not explicitly state that the broil and convection heating elements are energized in sequence (i.e., the convection heating element is energized after the broil heating element), doing so would have been obvious to try since energizing heating elements in sequence to heat food products is known in the art as shown by Swayne and Bonuso, since energizing broil and convection heating elements has a finite number of identified, predictable potential solutions (broil heating element then convection heating element or convection heating element then broil heating element), and since one of ordinary skill in the art could have pursued these known potential solutions with a reasonable expectation of success (See MPEP 2143 E).
Fung teaches (Paragraph 0025) a method of operating a toaster oven, wherein, in the broil mode, the top heating elements 32 (broil element) are turned "ON," at full wattage, and the bottom heating elements 33 (bake element) remain OFF.
Johnson teaches (Paragraph 0009) a method of operating an oven, wherein, in the first heater routine, the bake heating element is operating at a first voltage, the convection heating element is operating at a second voltage, and the broil heating element is operating at a third voltage, and, in the second heater routine, the bake heating element is off, the convection heating element is operating at a fourth voltage, and the broil heating element is operating at a fifth voltage.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to not energize the bake heating element in the second duty cycle in view of Fung and Johnson, since each of Swayne, Fung, and Johnson is directed to a method of treating a food product in an oven cavity, since a cooking process in which a bottom element (bake element) is not operated is known from Fung, since a cooking process in which a baking element is not operated in a second stage is known in the art from Johnson, since not operating the baking element in the second duty cycle would prevent overheating of the food and lower energy usage/cost, since powering off the baking element can allow the broil heating element to operate at full power (Johnson, Paragraph 0039), since certain cooking processes like broiling/browning are intended to brown the top of the food, which is often the only part directly exposed and not bounded by a container, so operating a baking element below the food is unnecessary.
Regarding claim 12, Swayne teaches (Paragraph 0021) the bake heating element 18 is disposed at (i.e. in or adjacent) a lower portion of the oven cavity 12, generally opposite the broil heat element 16, and the convection heating element 20 is disposed at a back portion of the oven cavity 12 (spaced about the oven cavity). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 being operated for about the first 10 seconds of the duty cycle, the broil heating element 16 being operated for about the following 5 seconds (first duration) of the duty cycle, and finally the convection heating element 20 being operated for about the next 45 seconds (sequentially energized for second duration) of the duty cycle. As shown in Figure 1, heating elements 16, 18, and 20 are located above, below, and to the side of the food item 15. Operating the heating elements in sequence is understood to provide a rotating cycle of heat about the food item. More, operation of the broil and convection heating elements, in a second stage, which would be obvious for the reasons stated above with regard to claim 11, would also result in a rotating cycle of heat about the food item due to sequential operation of heating elements as different positions surrounding the food.
Regarding claim 13, Swayne teaches (Paragraph 0066) during the post-heat stage S3-E (first stage), the heating elements are operated according to the associated duty cycle according to hysteresis feedback control based on pre-defined hysteresis boundaries, wherein the lower hysteresis limit during this post-heat stage S3-E is a −5° F shift relative to the second target temperature and the upper hysteresis limit is a 0° F shift relative to the second target temperature (within 15 °F of the first predetermined target temperature).
Regarding claim 14, Swayne teaches (Paragraph 0045, 0046) during post-heat stage S3 (first stage), at least two of the plurality of heating elements are operated during the respective stage-specific duty cycle, wherein post-heat stage S3 (first stage) may continue until a user-selected maximum air fry time (predetermined amount of time).
Swayne, as modified above, is silent on the second stage commencing when the first stage ceases after the predetermined amount of time.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 is used to cook the starch-based food item at a second temperature. Su further teaches (Paragraph 0012, 0087) the starch-based food item may be cooked at the first temperature for a first time duration, wherein the cooking procedures may use a fixed time duration (predetermined amount of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Swayne, as modified above to perform the first duty cycle for a predetermined amount of time, at which point the first stage ceases and the second stage commences in view of Su both are directed to methods of heating food products in heating devices wherein a first stage is stopped after a predetermined amount of time, since performing the first duty cycle of the first stage for a predetermined amount of time, at which point the first stage ceases and the second stage commences, is known in the art as shown by Su, since performing the first stage for a predetermined amount of time will provide consistent results, since commencing the second stage after a predetermined amount of time allows users to know how long cooking will take place and when the second stage starts, and since time duration can be input via the user interface unit (Su, Paragraph 0018) allowing users to precisely control the cooking process to their preference.
Regarding claim 19, Swayne teaches (Paragraph 0043) an initial pre-heat stage S1 of the pre-determined plurality of heating stages, wherein the oven cavity 12 is pre-heated according to a duty cycle, running at least one of the plurality of heating elements 16, 18 and 20 during the duty cycle to approach and preferably achieve a first target temperature, wherein, in an embodiment, the duty cycle continues to be cycled until the measured temperature in the cavity achieves (i.e., reaches or exceeds) the first target temperature.
Swayne is silent on the first heating element and the second heating element being sequentially energized.
Bonuso teaches (Paragraph 0007) a method of operating a combination convection and radiant cooking oven, wherein various heating elements are sequentially operated on a predetermined priority basis in order to, along with the fans, establish numerous effective cooking sequences. Bonuso further teaches (Paragraph 0017, Table 1) a pre-heat phase wherein, during a duty cycle of 60 seconds broil element 30 (first heating element) is initially activated for 10 seconds out of the overall 60 second duty cycle during the preheat phase; thereafter, bake element 34 is activated for 10 seconds; then, each of second and first convection heating elements 67 (second heating element) and 66 are activated, one at a time, for 25 seconds each. Also, Bonuso teaches (Paragraph 0016) in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, the overall control to be described has been established such that the sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to sequentially energize the first heating element and the second heating element during a pre-heat stage in view of Bonuso, since both are directed to methods of heating food products in oven cavities with first and second heating elements, since sequentially energizing first and second heating elements in a preheat stage is known in the art as shown by Bonuso, since sequentially operated heating elements on a predetermined priority basis establishes numerous effective cooking sequences (Bonuso, Paragraph 0007), since, in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes (Bonuso, Paragraph 0016), and since using both the first and second heating elements for preheating would raise the oven cavity temperature faster.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), Fung (US 20150040774 A1), Johnson (US 20170118798 A1), and further in view of Sillmen (DE 102017117957 A1) and Eck (US 4396817 A).
Regarding claim 15, Swayne, as modified above, is silent on the first stage and second stage being repeatedly performed in an alternating manner.
Sillmen teaches (Paragraph 0001) a cooking appliance and a method for operating a cooking appliance, wherein control device is suitable and designed to execute at least one operating mode designed as a browning mode (second stage) with a cooking chamber temperature of at least 180 °C and at least one operating mode designed as a cooking mode (first stage) with a cooking chamber temperature of a maximum of 130 °C, wherein it is also possible to preselect one or more changes from browning mode to cooking mode and vice versa at specific times (first stage and second stage are repeatedly performed in an alternating manner).
Eck teaches (Col. 1, lines 8-9; Claim 1) a method of cooking using both microwave and infrared radiation, comprising operating under the automatic control of one from said plurality of said predetermined cooking/browning recipes, each having a browning portion (second stage) and a cooking portion (first stage), wherein infrared radiation is applied from an infrared heater to brown the surface of the food and microwaves are applied to cook the food. Eck further teaches (Col. 4, lines 63-65) alternating the application of each of microwave and infrared radiation over a cooking cycle (first stage and second stage are repeatedly performed in an alternating manner).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to repeatedly perform the first stage and second stage in an alternating manner in view of Sillmen and Eck, since each of Swayne, Sillmen, and Eck is directed to a method of heating food products in a heating device, since Swayne, as modified above, discloses cooking a food item in a first and second cooking stage, since repeatedly performing a first stage and a second stage in an alternating manner is known in the art as shown by Sillmen and Eck, since it has been discovered that the combination of both cooking and browning is best done by alternating the application of each over a cooking cycle (Eck, Col. 4, lines 63-66), since proper sequencing is idiosyncratic to the food type, and the method of Eck can provide excellent cooking and browning for many categories of foods (Eck, Col. 4, lines 57-61), and since switching between the cooking and browning modes allows the interplay of browning and cooking to be adapted very flexibly and individually, wherein rapid heating allows, for example, a crispy browning to be achieved after a low temperature cooking process, without overcooking (Sillmen, Paragraph 0007).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), Fung (US 20150040774 A1), Johnson (US 20170118798 A1), and further in view of Carter (US 20180125083 A1).
Regarding claim 16, Swayne, as modified above, is silent on the second predetermined target temperature being at least 40 °F greater than the first predetermined target temperature.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 (shown positioned above the food item in Figure 1) is used to cook the starch-based food item at a second temperature. Also, Su teaches (Paragraph 0015) in some embodiments, the first temperature is in the range from 100 to 120° C (212-248 °F); and the second temperature is in the range from 160° C to 170° C (320-338 °F).
Carter teaches (Paragraph 0002, 0042, 0044, claim 6) a smoker with a bottom heat source and a high temperature top heat source that can finish cooking smoked food by subjecting the food to the high temperature heat source during the cooking process to brown the food, wherein, in an exemplary embodiment, a cabinet temperature is set to about 230° F for a first period of time (first stage) and an additional browning or caramelizing process is performed for a second period of time afterwards (second stage) by exposing the food product to the intense heat of the top heat source, wherein the high temperature heat source maintains a temperature between 300° F and 500° F (70° to 270°F greater) in the browning volume.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to set the second predetermined target temperature to be at least 40 °F greater than the first predetermined target temperature in view of Su and Carter since each of Swayne, Su, and Carter is directed to a method of cooking a food product in a heating device with multiple cooking stages, since performing a second cooking stage at a temperature at least 40 °F greater than the target temperature of a first stage is known in the art as shown by Su and Carter, and since the ranges selected for the first temperature and the second temperature are preferred ranges, which can achieve a good balance between the reduction of rapidly digestible starch and the tasting quality (Su, Paragraph 0015), since the first temperature above 80° C ensures a temperature higher than the starch gelatinization temperature and thus can at least partially gelatinize the food items to be cooked; while the second temperature above 150° C ensures a high temperature for the food items, which temperature is sufficient to result in a browning/golden appearance of the food item (Su, Paragraph 0014), and since higher temperatures in the browning volume 50, up to 500° F, allow for faster browning in the browning volume (Carter, Paragraph 0026).
Furthermore, the claimed difference of at least 40 °F between the second predetermined target temperature and the first predetermined target temperature would have been used during the course of normal experimentation and optimization procedures in the method of Swayne, as modified above, based upon factors such as the type of food product, the length of each stage, the proximity of the food to the heating elements, the intended temperature and texture of food (e.g. browning, caramelization), etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit from the claimed difference of at least 40 °F between the second predetermined target temperature and the first predetermined target temperature that would render it non-obvious.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), and Bonuso (US 20100147825 A1), and further in view of Sillmen (DE 102017117957 A1) and Eck (US 4396817 A).
Regarding claim 20, Swayne teaches (Paragraph 0002, 0021; Fig. 1 #10, 12, 15, 16, 18, 20) a food cooking method and apparatus, wherein a cooking appliance 10 includes an interior oven cavity 12 with heating elements for heating the oven cavity 12 and cooking a food item 15, including a broil heating element 16 (first heating element), a bake heating element 18, and a convection heating element 20 (second heating element). Swayne further teaches (Paragraph 0021) the bake heating element 18 is disposed at (i.e. in or adjacent) a lower portion of the oven cavity 12, generally opposite the broil heat element 16, and the convection heating element 20 is disposed at a back portion of the oven cavity 12 (spaced about the oven cavity as shown in Figure 1). In addition Swayne teaches (Paragraph 0054) the temperature inside the oven cavity may be detected (measured temperature) and comparted to a target temperature. Also, Swayne teaches (Paragraph 0052, 0055) during an ultimate post-heat stage S3 (first stage), two or more heating elements are operated according to a predetermined, timed duty cycle, wherein the greater the difference between the temperature of the oven cavity and the target temperature, the longer the heating element(s) will be turned on during each duty cycle (i.e., the duty is regulated based on a measured temperature and a first predetermined target temperature). Furthermore, Swayne teaches (Paragraph 0065) an exemplary embodiment wherein, during an ultimate post-heat stage S3-E (first stage), the stage-specific duty cycle length is 60 seconds, including the bake heating element 18 being operated for about the first 10 seconds of the duty cycle, the broil heating element 16 (first heating element) being operated for about the following 5 seconds of the duty cycle, and finally the convection heating element 20 (second heating element) being operated for about the next 45 seconds (sequentially energized) of the duty cycle. Additionally, Swayne teaches (Paragraph 0045) post-heat stage S3 (first stage) may continue until a user-selected maximum air fry time (predetermined amount of time).
Swayne is silent on a second stage in which the first heating element and the second heating element are sequentially energized according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature that is greater than the first predetermined temperature. Also, Swayne is silent on the first stage ceasing and the second stage commencing after the first duty cycle is performed for the predetermined amount of time. Swayne is further silent on the first stage and second stage being repeatedly performed in an alternating manner.
Su teaches (Paragraph 0013, 0031, 0045, 0072) a cooking process providing a two-stage cooking procedure, comprising a first cooking stage at a first temperature and a second cooking stage at a second temperature higher than the first temperature, wherein the second cooking stage aims to attain an appetizing appearance e.g., browning or golden color, and wherein heater 18 (shown positioned above the food item in Figure 1) is used to cook the starch-based food item at a second temperature. Su further teaches (Paragraph 0012, 0087) the starch-based food item may be cooked at the first temperature for a first time duration, wherein the cooking procedures may use a fixed time duration (predetermined amount of time).
Robey teaches (Section 3, 6) performing a roasting process comprising preheating an oven, roasting at a lower temperature slowly (first stage) and then increasing heat (which would result in an increase in temperature) at the end of cooking for browning (second stage).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Swayne, as modified above to include a second stage wherein the heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature and wherein the first stage performs the first duty cycle for a predetermined amount of time, at which point the first stage ceases and the second stage commences in view of Su and Robey since each is directed to a method of heating food products in heating devices, since Swayne and Su are both directed to methods of stopping the first stage after a predetermined amount of time, since second stages, such as browning, wherein heating elements are operated at a second predetermined target temperature that is greater than the first predetermined temperature are known in the art from Su and Robey, since performing the first duty cycle of the first stage for a predetermined amount of time, at which point the first stage ceases and the second stage commences, is known in the art as shown by Su, since performing a first stage such as a roasting stage at a high heat with dry ingredients out, lower heating (lower temperature) should be used for a first stage, while increased heat/temperature can provide browning afterwards (Robey, Section 6), since food products such as starch based food products can be gelatinized and obtain an appetizing appearance, such as a golden or browning color by using a higher temperature in a second stage (Su, Paragraph 0073), since performing a second stage at a higher temperature, such as to brown the food product, will provide the food product with an appearance and texture that many consumers desire, since performing the first stage for a predetermined amount of time will provide consistent results and allow users to know how long cooking will take place, and since time duration can be input via the user interface unit (Su, Paragraph 0018) allowing users to precisely control the cooking process to their preference.
Donarski teaches (Paragraph 0003, 0025, 0041) a method of operating an electric cooking oven, wherein electric broil elements are used to broil or "top brown" food and wherein an electric broiling element is deactivated if the temperature within the cooking chamber exceeds a shutoff temperature (second predetermined target temperature), wherein a control unit determines from a temperature sensor (measured temperature) that a shutoff temperature has been achieved. Also, Donarski teaches (Paragraph 0053) a control routine may be altered to vary the duty cycle of the electric broil elements 26 during performance of a broiling operation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne to operate the heating elements according to a second duty cycle until the measured temperature exceeds a second predetermined target temperature in view of Donarski, since both are directed to methods of heating food products in oven cavities, since performing a heating process such as browning using a broiler element until a measured temperature exceeds a predetermined target temperature is known in the art from Donarski, since using a shut-off temperature will prevent the food product from being burned, since deactivating the heating elements when a shutoff temperature is reached mya be performed by a control unit (Donarski, Paragraph 0009), providing user convenience by preventing the need for the user to monitor and end the second stage operation, and since, in the case of closed-loop control (e.g., PID) or timing-based control (e.g., duty cycling), the increased closed door shutoff temperature (e.g., 550°F) is utilized to allow for increased temperature within the oven's cooking chamber 14 during a broiling procedure with the oven door closed 36 thereby facilitating adequate preparation of foodstuffs relative to operation of the electric broil elements 26 with the lower open-door shutoff temperature (e.g., 450° F) (Donarski, Paragraph 0048).
Paller teaches (Paragraph 0001, 0008, 0023; Fig. 2 #52) a method of operating oven appliances having combined convection and radiant heating features, wherein a broiler assembly includes a convection heating element (second heating element) and a radiant heating element (first heating element) 52, shown positioned at the top of an oven cavity in Figure 2. Paller further teaches (Claim 9) initiating a broiling operation, the broiling operation including activating both the radiant heating element (first heating element) and the convection heating element (second heating element).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to operate both the first heating element and second heating element in the second stage in view of Paller since both are directed to methods of heating food products in oven cavities with heating elements including a heating element at the top of an oven cavity (first heating element) and a convection heating element (second heating element), since performing a broiling or browning process as the second stage of cooking a food item is known in the art as shown above by Su and Robey, since the combined system of a convection heating element (second heating element) and a radiant heating element (first heating element) provides advantages over broilers using a single energy source, such as only electric or only combustion including improved heat intensity as compared to a purely radiant or purely convective broil system (Paller, Paragraph 0024), since, by bathing the electric element 52 in the hot air or exhaust from the convective heating element 50, the relatively low powered (e.g., about 1500 W) electric element 52 can achieve temperatures that will allow it to radiate substantial energy to food items in the cooking chamber, and together with the convective heat element 52 gives superior broil results (Paller, Paragraph 0024), since including convection heating element 50 and radiant heating element 52, may provide several advantages, including that the broiler assembly 44 may allow for control of where the flow of hot gases goes so that temperature distribution is improved (Paller, Paragraph 0044), and since the broiler assembly 44 may have a clean, low-profile appearance and may be flush or nearly flush with the top wall 30 (increasing useable volume of the cooking chamber 14), e.g., due to the relatively smaller size of the low-power radiant heating element 52 (Paller, Paragraph 0044).
It is noted that operation of the first and second heating elements will necessarily entail operation for a duty cycle (i.e., the elements are energized for at least some length or percentage of a period of time), and, as shown above, Donarski discloses operation, at least of broil elements according to a duty cycle. Moreover, as shown above, Swayne discloses operation of the elements according a duty cycle, including sequentially energizing the first heating element and second heating element.
Bonuso teaches (Paragraph 0007) a method of operating a combination convection and radiant cooking oven, wherein various heating elements are sequentially operated on a predetermined priority basis in order to, along with the fans, establish numerous effective cooking sequences. Also, Bonuso teaches (Paragraph 0016) in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, the overall control to be described has been established such that the sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above to sequentially energize the heating elements in a second duty cycle of a second stage in view of Bonuso, since Swayne teaches a first stage with sequential energization of first and second heating elements in a duty cycle, since performing a second stage of heating in a heating device is known in the art from Su and Robey as shown above, since sequentially operated of heating elements on a predetermined priority basis establishes numerous effective cooking sequences (Bonuso, Paragraph 0007), since, in general, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes (Bonuso, Paragraph 0016), and since sequentially energizing the first and second heating elements would prevent exposing the food product to excessive heat and lower the energy consumed compared to energizing both heating elements at the same time.
Additionally, while Swayne, as modified above does not explicitly state that the first and second heating elements are energized in sequence (i.e., the second heating element is energized after the first heating element), doing so would have been obvious to try since energizing heating elements in sequence to heat food products is known in the art as shown by Swayne and Bonuso, since energizing first and second heating elements has a finite number of identified, predictable potential solutions (first heating element than second heating element or second heating element then first heating element), and since one of ordinary skill in the art could have pursued these known potential solutions with a reasonable expectation of success (See MPEP 2143 E).
Sillmen teaches (Paragraph 0001) a cooking appliance and a method for operating a cooking appliance, wherein control device is suitable and designed to execute at least one operating mode designed as a browning mode (second stage) with a cooking chamber temperature of at least 180 °C and at least one operating mode designed as a cooking mode (first stage) with a cooking chamber temperature of a maximum of 130 °C, wherein it is also possible to preselect one or more changes from browning mode to cooking mode and vice versa at specific times (first stage and second stage are repeatedly performed in an alternating manner).
Eck teaches (Col. 1, lines 8-9; Claim 1) a method of cooking using both microwave and infrared radiation, comprising operating under the automatic control of one from said plurality of said predetermined cooking/browning recipes, each having a browning portion (second stage) and a cooking portion (first stage), wherein infrared radiation is applied from an infrared heater to brown the surface of the food and microwaves are applied to cook the food. Eck further teaches (Col. 4, lines 63-65) alternating the application of each of microwave and infrared radiation over a cooking cycle (first stage and second stage are repeatedly performed in an alternating manner).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Swayne, as modified above, to repeatedly perform the first stage and second stage in an alternating manner in view of Sillmen and Eck, since each of Swayne, Sillmen, and Eck is directed to a method of heating food products in a heating device, since Swayne, as modified above, discloses cooking a food item in a first and second cooking stage, since repeatedly performing a first stage and a second stage in an alternating manner is known in the art as shown by Sillmen and Eck, since it has been discovered that the combination of both cooking and browning is best done by alternating the application of each over a cooking cycle (Eck, Col. 4, lines 63-66), since proper sequencing is idiosyncratic to the food type, and the method of Eck can provide excellent cooking and browning for many categories of foods (Eck, Col. 4, lines 57-61), and since switching between the cooking and browning modes allows the interplay of browning and cooking to be adapted very flexibly and individually, wherein rapid heating allows, for example, a crispy browning to be achieved after a low temperature cooking process, without overcooking (Sillmen, Paragraph 0007).
Response to Arguments
Applicant's arguments filed 02/05/2026 regarding the 35 USC 103 rejections of claims 1, 11, and 20 have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that Swayne, as modified in view of Su and Robey, would not disclose or suggest transitioning from its first stage S3-E to the applied second stage as recited in independent claims 1 and 20 (i.e., "wherein the first stage performs the first duty cycle for a predetermined amount of time, at which point the first stage ceases and the second stage commences") since Swayne discloses that the first stage S3-E performs its first duty cycle indefinitely, since none of the additional cited references discloses a two-stage process that transitions from the first stage to the second stage in this manner, since Su's method does not transition from the first stage to the second stage at the expiration of a predetermined amount of time, but rather, the second stage only commences once the weight of the starch-based food item drops by a first amount in a first range, and therefore, Su would actually lead away from the claimed transition between the first and second stages, the Examiner respectfully disagrees. As shown above, Swayne teaches Swayne teaches (Paragraph 0045) post-heat stage S3 (first stage) may continue until a user-selected maximum air fry time (predetermined amount of time). Thus, at least some embodiments of Swayne perform the first duty cycle for a predetermined amount of time rather than indefinitely. Furthermore, while some embodiments of Su are directed to commencing the second stage based on weight, Su also teaches (Paragraph 0012, 0087) the starch-based food item may be cooked at the first temperature for a first time duration, wherein the cooking procedures may use a fixed time duration (predetermined amount of time) and (Paragraph 0018) time duration can be input via the user interface unit. Therefore, Su also contains embodiments directed to starting the second stage after a predetermined amount of time, and Su would not lead away from the claimed transition between the first and second stages.
In response to the Applicant’s argument that even if Swayne was modified to include a second stage after its first stage S3- E, none of the cited references teaches or suggests that the applied second stage should energize the broil and convection elements but not energize the bake element, as recited in independent claim 11, the Examiner notes that this argument is persuasive. However, this argument is made in view of amendments to claim 11, and, upon further consideration, a new ground(s) of rejection is made over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), Fung (US 20150040774 A1) and Johnson (US 20170118798 A1) as shown above, where a cooking process in which a bottom element (bake element) is not operated is known from Fung, and a cooking process in which a baking element is not operated in a second stage is known in the art from Johnson.
Regarding the Applicant’s argument that Swayne's air fry method 56 utilizes the bake element at every stage and Bonuso's convection roast mode similarly utilizes a bake element at every stage, including its last stage (see Table 5 and paragraph [0021]), and accordingly, Swayne and Bonuso would suggest similarly utilizing the bake element in the applied second stage, the Examiner respectfully disagrees. The use of the bake element in the preheating stages and first stage of Swayne does not prevent the baking element from being turned off in a subsequent stage, and Swayne does not appear to provide any indication that providing a second stage with the baking element turned off would have an adverse effect on the cooking process. Additionally, Bonuso is relied upon to teach sequential energization of heating elements, which would be obvious for the reasons stated above with regard to claim 11 (sequentially operated of heating elements on a predetermined priority basis establishes numerous effective cooking sequences, due to typically available power supplies and the fact that high wattage elements are employed for the heating elements, sequentially activated heating elements are controlled in a synergistic manner to provide for optimal heating and effective cooking in the various modes, sequentially energizing the first and second heating elements would prevent exposing the food product to excessive heat and lower the energy consumed compared to energizing both heating elements at the same time, etc.) where such benefits are not dependent upon which heating elements are sequentially energized. Furthermore, not every feature of a secondary reference need be imported into the primary reference, and the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to the Applicant’s argument that Paller does not teach or suggest that the second stage applied to Swayne should operate both the broil and convection elements, since, which Paller discloses advantages of convection and broil elements, those advantages do not mean the convection and broil elements 50, 52 should be used and would be desirable for any cooking stage in the prior art (e.g., Swayne's air fry method), the Examiner notes that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Paller teaches using the broil and convection elements for a broiling operation, and Su and Robey teach performing a broiling or browning process as the second stage of cooking a food item. Additionally, Swayne teaches a cooking device with broil, convection, and brake elements, while where a cooking process in which a bottom element (bake element) is not operated is known from Fung, and a cooking process in which a baking element is not operated in a second stage is known in the art from Johnson. In consideration of the combination of references and reasons stated above with regard to claim 11, use of the convection and broil elements in the second stage would be obvious to one of ordinary skill in the art.
Regarding the Applicant’s argument that Paller certainly does not teach or suggest that the second stage applied to Swayne should exclude the bake element, the Examiner notes that this argument is made in view of amendments to claim 11, and, upon further consideration, a new ground(s) of rejection is made over Swayne (US 20200229639 A1) in view of Su (US 20210337837 A1), Robey (How to Roast (Almost) Anything), Donarski (US 20130146581 A1), Paller (US 20200386410 A1), Bonuso (US 20100147825 A1), Fung (US 20150040774 A1) and Johnson (US 20170118798 A1) as shown above, where a cooking process in which a bottom element (bake element) is not operated is known from Fung, and a cooking process in which a baking element is not operated in a second stage is known in the art from Johnson.
Therefore, for the reasons stated above, claims 1, 11, 20, and all dependent claims remain rejected under 35 USC 103.
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.
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/AUSTIN PARKER TAYLOR/Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
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