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 .
Election/Restrictions
Applicant’s election without traverse of Species I (claims 1-14 and 21) in the reply filed on 08/17/2026 is acknowledged.
Claims 15-19 have withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/17/2026.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
the claimed invention is directed to abstract ideas without significantly more. The claim(s) recite(s) controller function or algorithm (i.e., functions performed by the controller as claimed in claim 1). This judicial exception is not integrated into a practical application because limitations merely recite mental steps that are concepts performed can be performed in human mind.
The claim recites(s):
Claim 1 recites “a cooktop comprising: a heating element; and a controller in communication with the heating element” (additional element- field of use),
the controller configured
“(i) to determine a target cooking temperature for a cooking operation of one or more food items within a cooking vessel that additionally calls for one or more usable fats”, (insignificant extra solution activity, e.g., data collection)
(ii) to determine the one or more usable fats having a smoke point that is greater than the target cooking temperature from a predetermined list of fats” (mental process and insignificant extra-solution activity, judgment or evaluation, which is grouped as a mental process. MPEP 2106.04), and
(iii) “to cause a human-machine interface in communication with the controller to issue a notification of the one or more usable fats for the cooking operation” (insignificant extra solution activity).
The additional element of " a cooktop comprising: a heating element; and a controller in communication with the heating element" which do not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2016.05(a). Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent claim 1 is not integrated into a practical application in accordance with MPEP 2106.04(d).
Claims 2-14 and 21 also recites mental step and/or insignificant extra solution activity (hence, determine target cooking temperature, recipe cooking temperature, usable fats having a smoke point, determined temperature of the cooking vessel). Claims 2-14 and 21 depends on claim 1.
Thus, the claim(s) 1-14 and 21 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites “the human-machine interface of the one or more usable fats” is confusing as written because as written it stating human-machine interface is part of the one or more usable fats. In reality the one or more usable fats is information displayed on the human-machine interface.
Appropriate correction is required.
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 1-14 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 1 recites “to determine a target cooking temperature for a cooking operation of one or more food items within a cooking vessel that additionally calls for one or more usable fats”. It is unclear if the controller determines the cooking temperature and specifies the require amount of one or more usable fats. Or, if the one or more usable fats is selected based on the temperature. Or, if the one or more usable fats is selected by the user. See MPEP 2143.03, I. For examining purpose, examiner has interprets the above claim limitations to be “to determine a target cooking temperature for a cooking operation of one or more food items within a cooking vessel based on one or more usable fats”. (this is not proposed amendment).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 14 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Newquist (US 20220151436).
Regarding claim 1, Newquist discloses “a cooktop” ([0020], i.e., cooktop surface 324) comprising:
“a heating element” ([0020], i.e., one or more heating elements 326); and
“a controller” ([0006], i.e., The controller in operable communication with the heating element and the camera assembly) “in communication with the heating element” ([0023], i.e., Controller 510C may also be communicatively coupled with various operational components of cooking appliance 300 as well, such as heating elements (e.g., 326, 332)),
“the controller” (510C) configured
(i) “to determine a target cooking temperature for a cooking operation of one or more food items within a cooking vessel” ([0061], i.e., one or more characteristics of the cooking oil may be determined at 620. For instance, a database or chart may be provided that includes or correlates one or more characteristics of multiple discrete cooking oils. Specifically, the maintenance temperature may indicate a temperature value or range of values at which the associated oil may be heated without emitting smoke. Such characteristics may include a maintenance temperature associated with the cooking oil. Examiner noted that “a maintenance temperature” can be the target cooking temperature. [0060], i.e., the cooking oil may be detected from a storage vessel captured within the image) “based on one or more usable fats” (Please see 35 USC 112 above for examiner’s interpretation. [0059] At 620, the method 600 includes identifying a cooking oil based on the received image signal. In particular, the type of cooking oil captured within the image of 610 may be identified. Examiner noted that “oil” is considered as “fat”),
(ii) “to determine the one or more usable fats having a smoke point that is greater than the target cooking temperature” ([0061], i.e., Such characteristics may also (i.e., additionally or alternatively) include a smoke temperature associated with the cooking oil. [0063], i.e., For instance, the heating element may be controlled on a closed loop (e.g., in cooperation with an IR or temperature sensor) to maintain a temperature that is at (i.e., equal to) a maintenance temperature (e.g., within a prescribed range) or below a smoke temperature. If the temperature at the heating element is detected as being greater than or equal to a smoke temperature, activation of the heating element may be halted (e.g., for a predetermined period of time or until a new temperature condition is met). This suggest that “the controller is configured to determine if the target cooking temperature is below the smoke point (i.e., target temperature or maintenance temperature) or the one or more usable fats having a smoke point (i.e., target temperature or maintenance temperature) that is greater than the target temperature” to prevent from smoking (i.e., para.0003). Examiner noted that as indicated above “the maintenance temperature is a temperature without emitting smoke” or is “a target temperature”. The controller is configured to determine the smoking temperature above the target temperature) from “a predetermined list of fats” ([0033], i.e., From the captured images, a cooking oil (e.g., vegetable oil, canola oil, olive oil, flaxseed oil, coconut oil, butter, vegetable shortening, lard, margarine, etc.). [0046], i.e., [0046] The memory devices 514B may also include data 518B, such as oil characteristic data … as one or more oil characteristic signals. [0059] At 620, the method 600 includes identifying a cooking oil based on the received image signal. In particular, the type of cooking oil captured within the image of 610 may be identified), and
(iii) “to cause a human-machine interface in communication with the controller” ([0022], i.e., user interface panel 334 includes a display component, such as a digital or analog display in communication with a controller 510C and configured to provide operational feedback to a user. In certain embodiments, user interface panel 334 represents a general purpose I/O (“GPIO”) device or functional block. [0023] As shown, controller 510C is communicatively coupled (i.e., in operative communication) with user interface panel 334) “to issue a notification of the one or more usable fats for the cooking operation” ([0062] Once identified, information concerning the cooking oil (e.g., identifying information, oil characteristics, etc.) may be displayed as a notification. In particular, the notification may be displayed at a control panel of the cooking appliance).
Regarding claim 2, Newquist discloses “the heating element is an induction coil” ([0020], i.e., heating element 326 uses an induction heating).
Regarding claim 3, Newquist discloses “the controller is further configured to determine the target cooking temperature as a function of output received from the human-machine interface” ([0022], i.e., A controller 510C is in communication with user interface panel 334 and controls 336 through which a user may select various operational features and modes and monitor progress of cooking appliance 300. [0063] At 630, the method 600 includes directing the heating element according to the identified cooking oil. Thus, the activation of the heating element may be controlled based on the type of cooking oil captured at 610).
Regarding claim 14, Newquist discloses “the controller is configured (i) to receive output that an image sensor generates and (ii) to determine, based on the output of the image sensor, that the cooking vessel includes one or more fats” (abstract, i.e., identifying a cooking oil based on the received image signal; and directing a heating element according to the identified cooking oil.).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Baker et al. (US 2003/0015518).
Regarding claim 4, Newquist discloses “the human-machine interface in communication with the controller, the human-machine interface configured to accept a user-commanded cooking temperature and transmit the user- commanded cooking temperature to the controller” ([0020] Cooking appliance 300 can include a chassis or cabinet 310 that defines a cooking zone 320 wherein one or more cooking operations may be performed by a user (e.g., heating or preparing food items according to a recipe)),
Newquist is silent regarding the controller is further configured to determine that the user-commanded cooking temperature is the target cooking temperature.
Baker et al. teaches “the controller” (34) is further configured “to determine that “the user-commanded cooking temperature is the target cooking temperature” (abstract, i.e., controlled is provided to control the activation of the broil and bake heating elements in response to the sensed temperature of the upper and lower heating regions to maintain the entire oven at a temperature substantially equal to a target temperature set point, which is determined based on the user-selected temperature set point). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Baker et al., by modifying Newquist’s algorithm according to Baker’s algorithm, to ensure the cooking temperature reaches the desired target temperature.
Regarding claim 5, Newquist discloses “the human-machine interface” (334) that the controller is configured to communicate with is not a component of the said cooktop” (326).
Newquist is silent regarding “the controller” (34) is further configured (i) to “accept a user-commanded cooking temperature from the human-machine interface, and (ii) to determine that the user-commanded cooking temperature is the target cooking temperature” (abstract, i.e., controlled is provided to control the activation of the broil and bake heating elements in response to the sensed temperature of the upper and lower heating regions to maintain the entire oven at a temperature substantially equal to a target temperature set point, which is determined based on the user-selected temperature set point). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Baker et al., by modifying Newquist’s algorithm according to Baker’s algorithm, to ensure the cooking temperature reaches the desired target temperature.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Mograbi (US 8,929,724).
Regarding claim 6, Newquist discloses the human-machine interface in communication with the controller, the human-machine interface configured (i) “to access a recipe to perform the cooking operation of the one or more food items and the one or more usable fats” ([0020] one or more cooking operations may be performed by a user (e.g., heating or preparing food items according to a recipe)),
“the recipe comprising [0040], i.e., During use, a user standing in front of cooking appliance 300 may thus see the optically-viewable picture (e.g., recipe, dynamic video stream, graphical user interface, etc.. [0020], i.e., one or more cooking operations may be performed by a user (e.g., heating or preparing food items according to a recipe)) displayed at the imaging surface 138), and
Mograbi is silent regarding “a recipe cooking temperature (iii) to communicate the recipe cooking temperature from the user-selected recipe to the controller” (Col.5, system controller 52 and Table 1, i.e., Bake, default target stabilized temperature 300 F and lower range TL = 300. This suggest user selected recipe cooking temperature (bake) is 300F and target temperature can be TL = 300F), wherein, “the controller is further configured to determine that the recipe cooking temperature of the user-selected recipe is the target cooking temperature” (Col.5, Table 1, i.e., Bake, default target stabilized temperature 300 F and lower range TL = 300. This suggest user selected recipe cooking temperature (bake) is 300F and target temperature can be TL = 300F). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Mograbi, by adding Morgrabi’s cooking algorithm to Newquist’s cooking algorithm, to make sure the cooking temperature at the desired threshold to optimized cooking process.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Mograbi (US 8,929,724).
Regarding claim 8, Newquist discloses “the human-machine interface” (334) that the controller is configured to communicate with is not a component of the said cooktop” (326).
Newquist is silent regarding “the controller is further configured (i) to accept a recipe with a recipe cooking temperature from the human-machine interface” (col.4 at lines 17-38, i.e., a control panel 44 is provided to enable user interaction with the high efficiency oven 10. In certain embodiments, the user control panel 44 comprises a display 46 and a user interface 48. The user interface 48 may comprise additional indicators or lights (such as a power indicator light 50), and buttons or knobs which allow the user to operate the oven 10 (such as a Start/Stop button 47). The various components of the display 46 may be arranged on a panel easily accessible to the user as indicated in FIG. 3a. In other embodiments, the display 46 may be a touch sensitive display (not shown) which allows the user to interface directly with the display thereby reducing the need for a separate user interface. In certain embodiments, the display 46 provides to the user a visual indication of available cooking mode options, a selected cooking mode, and values of cooking parameters, including a target stabilized temperature T.sub.S and a cooking duration. More details regarding one embodiment of the operation of the display 46 are described below with reference to FIG. 6.), and (ii) “to determine that the recipe cooking temperature is the target cooking temperature” (Col.5, Table 1, i.e., Bake, default target stabilized temperature 300 F and lower range TL = 300. This suggest user selected recipe cooking temperature (bake) is 300F and target temperature can be TL = 300F). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Mograbi, by adding Morgrabi’s cooking algorithm to Newquist’s cooking algorithm, to make sure the cooking temperature at the desired threshold to optimized cooking process.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Meng et al. (US 11743976)
Regarding claim 9, modified Newquist discloses “a temperature sensor” (Mograbi, i.e., 42) in communication with “the controller” (Mograbi, i.e., 52), “the temperature sensor” (Mograbi, i.e., 42) positioned to generate output from which “the controller” (Mograbi, i.e., 52) can “determine a temperature
Modified Newquist is silent regarding the controller can determine a temperature of a cooking vessel or one or more food items within the cooking vessel during the cooking vessel or one or more food items within the cooking vessel during the cooking operation.
Meng et al. teaches “the controller can determine a temperature of a cooking vessel or one or more food items within the cooking vessel during the cooking vessel or one or more food items within the cooking vessel during the cooking operation” (col.2 at lines 6-17, i.e., a temperature sensor adapted to measure a temperature associated with the heating system; and a processor associated with memory and comprising controller for controlling operation of the heating system based on the measured temperature). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Meng et al., by adding Meng’s cooking vessel and temperature sensor to Newquist’s cooking system, to measure one or more food items to ensure the food reaches a safe temperature that kills harmful bacteria and prevent foodborne illness.
Regarding claim 10, modified Newquist discloses “the controller” (Meng et al., fig.2, 204 and Col.2 at lines 6-17, i.e., a processor associated with memory and comprising controller for controlling operation of the heating system based on the measured temperature) is further configured to control “the heating element” (Meng et al., col.5 at lines 45-46, i.e., the heating system may include a conventional heating element) as a function of both “(i) the determined temperature of the cooking vessel or the one or more food items within the cooking vessel” (Meng et al., figs.1-2, sensor 120 in the cooking vessel) and (ii) “the target cooking temperature” (Meng et al., The appliance includes a user interface adapted to receive a user input with respect to operating parameters of the heating system, the user input including a heating control mode and a set temperature. Examiner noted that the set temperature is a target temperature).
Regarding claim 11, modified Newquist discloses “the controller” (Meng et al., fig.2, 204 and Col.2 at lines 6-17, i.e., a processor associated with memory and comprising controller for controlling operation of the heating system based on the measured temperature) is further configured (i) “to receive output from a temperature sensor of the cooking vessel placed upon the heating element” (Meng et al., the sensor 120 of the cooking vessel 106 placed upon the heating element (104 pointed at the heating device having a heating surface)) and (ii) “to determine a temperature of the cooking vessel or the one or more food items within the cooking vessel as a function of the output received from the temperature sensor” (Meng et al., the output of temperature sensor 120 is based on the temperature of cooking vessel).
Regarding claim 12, modified Newquist discloses “the controller” (Meng et al., fig.2, 204 and Col.2 at lines 6-17, i.e., a processor associated with memory and comprising controller for controlling operation of the heating system based on the measured temperature) is further configured “to control the heating element as a function of both “the determined temperature of the cooking vessel” (Meng et al., figs.1-2, sensor 120 in the cooking vessel) or the one or more food items within the cooking vessel and “the target cooking temperature” (Meng et al., the output of temperature sensor 120 is based on the temperature of cooking vessel).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Hegedis et al. (US 2016/0014849).
Regarding claim 13, modified Newquist discloses the controller is further configured “(i) after causing the human-machine interface to issue the notification of the one or more usable fats for the cooking operation” ([0062] Once identified, information concerning the cooking oil (e.g., identifying information, oil characteristics, etc.) may be displayed as a notification. In particular, the notification may be displayed at a control panel of the cooking appliance. Fig.4, 510C), “”, and (ii) “to control the heating element during the cooking operation so that a temperature of the cooking vessel or the one or more food items disposed therein is always less than the smoke point of the user-selected fat” ([0063], i.e., For instance, the heating element may be controlled on a closed loop (e.g., in cooperation with an IR or temperature sensor) to maintain a temperature that is at (i.e., equal to) a maintenance temperature (e.g., within a prescribed range) or below a smoke temperature.).
Modified Newquist is silent regarding to accept a user-selected fat via the human-machine interface of the one or more usable fats that will be used for the cooking operation.
Hegedis et al. teaches “to accept a user-selected fat via “the human-machine interface” (a user interface panel 14) of “the one or more usable fats that will be used for the cooking operation” ([0109] As suggested by FIG. 14, the displayed oil types could be, for example, butter, coconut oil unrefined, coconut oil refined, extra virgin olive oil, extra light olive oil, rice bran oil and ghee. The user is then able to select the type of oil that will be used in the cooking process 164). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Hegedis et al., by adding Hegedis et al.’s oil selection algorithm to Newquist’s control unit, to allow user to select desired type of oil for cooking.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newquist (US 2022/0151436) in view of Diao et al. (US 20190200797) and Nozawa et al. (US 20230269839).
Regarding claim 21, modified Newquist discloses “the cooking vessel” (338) upon “the heating element” (326).
Modified Newquist is silent regarding the controller is further configured (i) to receive image data from the image sensor pertaining to the cooking vessel, and (ii) to determine, from the image data, whether the cooking vessel includes the one or more fats before accepting input from which the controller can determine the one or more fats that a user intends to use within the cooking vessel.
Diao et al. teaches “the controller is further configured (i) to receive image data from the image sensor pertaining to the cooking vessel” (abstract, i.e., e: triggering image capturing of a camera to obtain one or more images of a food support platform while the food support platform supports a first food item; performing ingredient recognition for the first food item, including: classifying a feature tensor of a respective image in a general classifier to identify one or more first-level food ingredient categories corresponding to the first food item. Fig.2 shows the captured image can include cooking vessel and food). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Diao, by adding Diao et al.’s image sensor to Newquist’s device, to provide image capture.
Modified Newquist is silent regarding (ii) “to determine, from the image data, whether the cooking vessel includes the one or more fats before accepting input” ([0010], i.e., a heating control unit configured to perform heating control of the food product placed in the heating chamber based on the information code read by the reading device; and a reading control unit configured to control a reading operation of the reading device, wherein after the determination unit determines that no food product is present in the heating chamber, the reading control unit causes the reading device to stop the reading operation for a predetermined time, or after the determination unit determines that no food product is present in the heating chamber, the reading control unit cancels, for a predetermined time, the information code read by the reading device. [0047] The heating control unit 22b permits the heating operation of the heating operation unit 23 when the determination result of the determination unit 22a indicates that the food product 40 is present in the heating chamber 13, whereas the heating control unit 22b does not permit the heating operation of the heating operation unit 23 when the determination result of the determination unit 22a indicates that no food product 40 is present in the heating chamber 13. [0048], i.e., The information code read by the reading device 16 includes heating information necessary for heating cooking) from which “the controller can determine the one or more fats that a user intends to use within the cooking vessel” (abstract, i.e., classifying the feature tensor of the respective image in a respective detailed classifier corresponding to each of the one or more first-level food ingredient categories to identify a corresponding second-level food ingredient category corresponding to the first food item. Figs.2-3 show the example of captured image of food on the cooking vessel. With respect to “one or more fats” is considered as food product. MPEP 2115). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Newquist with Newquist, by adding Newquist’s determination unit to Newquist’s device, to prevent heating the cooking device when there is no food inside.
Allowable Subject Matter
The allowability cannot be determined with respect to claim 7 due to 35 USC 101 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
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