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 .
DETAILED ACTION
Examiner Note
The examiner notes that the claims submitted 11/24/2025 do not contain the appropriate amendment mark-ups (underline, strikethrough, etc.). Furthermore, claims 63-67 appear in the remarks section. A good faith attempt was made to examine the claims regardless of these deficiencies.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that the temperature sensor of Wang847 is not proximate to the cooking surface when the cooking container is received within the hollow interior, the examiner disagrees. “Proximate” is not a distance strictly defined in the specification, claims, or by definition. Wang847 shows a temperature sensor 13 which is near the cooking surface of the cooking container as shown in the figure.
Regarding the applicant’s argument that Wang930 and Moon may not be combined because Wang930 is directed to an air fryer whereas Moon is directed to an induction cooktop, the examiner disagrees. The examiner points out that this is essentially an argument on the analogousness of the art. It has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, both Wang930 and Moon are “a cooking system” as required by the claim. Furthermore, the features of Moon relied upon herein (inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting) are pertinent to the particular problem with which the inventor was concerned (control of a cooking system).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 58, 59, and 66 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 206371930 U), hereinafter Wang930, in view of Wang (CN 203302847 U), hereinafter Wang847, in view of Tjerkgaast (US 20130180413 A1), hereinafter Tjerkgaast, and further in view of Moon (US 20170245328 A1), hereinafter Moon.
Regarding claims 58 and 66, Wang930 discloses a cooking system comprising:
a substantially rectangular housing having a hollow interior (Element 1. The examiner notes that the housing houses rectangular element 2);
a heating element disposed in the housing and configured to heat the hollow interior (43);
a cooking container (3) receivable in the hollow interior and configured to receive a food product on a cooking surface (33) of the cooking container, the cooking surface having one or more openings for fluid flow therethrough (30), wherein the cooking surface is substantially parallel to the heating element when the cooking container is received within the hollow interior (Figure 1);
an air movement device disposed within the housing and configured to direct air across the heating element and within the hollow interior (42);
wherein the rectangular housing comprises a sidewall defining at least a portion of the hollow interior (Figure 1).
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Wang930 does not disclose:
a lid pivotably coupled to the housing and configured to selectively cover a top opening of the hollow interior in a closed position, wherein the lid is substantially parallel to the heating element when the lid is in the closed position;
a temperature sensor disposed within the housing and configured to measure a temperature of the hollow interior, wherein the temperature sensor is proximate to the cooking surface when the cooking container is received within the hollow interior;
air exiting via a vent arranged on the housing;
a user interface arranged on the housing, the user interface comprising a plurality of inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting, wherein each temperature setting is associated with operating the heating element and the air movement device to heat the cooking surface to a predetermined temperature;
the sidewall including a protrusion arranged thereon.
However, Wang847 teaches:
a lid pivotably coupled to the housing and configured to selectively cover a top opening of the hollow interior in a closed position, wherein the lid is substantially parallel to the heating element when the lid is in the closed position (“said bottom shell 1 and a top cover 2 through connector 3 is movably connected, the top cover 2 can be about a 3 rotation of the connecting, convenient to lift the top cover 2” paragraph [0017]);
a temperature sensor disposed within the housing and configured to measure a temperature of the hollow interior, wherein the temperature sensor is proximate to the cooking surface when the cooking container is received within the hollow interior (“temperature sensor 13” paragraph [0013]. All citations from machine translation appended to foreign reference);
a user interface arranged on the housing, the user interface comprising an inputs for selecting a temperature setting, wherein the temperature setting is associated with operating the heating element and the air movement device to heat the cooking surface to a predetermined temperature (“The drive motor 9 and the air heating device 11 is respectively connected with the air switch 16” paragraph [0018]);
the sidewall including a protrusion arranged thereon (6).
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In view of Wang847’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
at least one of the plurality of sidewalls including at least one protrusion arranged thereon;
the cooking container configured to be supported by the at least one protrusion as is taught in Wang847, in the cooking system disclosed by Wang930 because including a protrusion for supporting the cooking container will enhance support of the cooking container.
In view of Wang847’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
a temperature sensor disposed within the housing and configured to measure a temperature of the hollow interior, wherein the temperature sensor is proximate to the cooking surface when the cooking container is received within the hollow interior;
a user interface arranged on the housing, the user interface comprising an inputs for selecting a temperature setting, wherein the temperature setting is associated with operating the heating element and the air movement device to heat the cooking surface to a predetermined temperature as is taught in Wang847, in the cooking system disclosed by Wang930 because Wang847 states “The drive motor 9 and the air heating device 11 is respectively connected with the air switch 16 electrically connect, 16 off the air switch, the driving motor 9 and the air heating device 11 stops working to prevent the air fryer in temperature too high and dangerous” (paragraph [0018]). Therefore, including a temperature sensor will prevent the cooking volume from reaching dangerous temperatures.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a lid pivotably coupled to the housing and configured to selectively cover a top opening of the hollow interior in a closed position, wherein the lid is substantially parallel to the heating element when the lid is in the closed position as is taught in Wang847, in the cooking system disclosed by Wang930 because Wang847 states that lifting the top cover 2 is convenient. Therefore, including a hinged lid will increase convenience in Wang930.
Wang930, as modified by Wang847, does not disclose:
air exiting via a vent arranged on the housing;
the user interface comprising a plurality of inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting.
However, Tjerkgaast teaches air exiting via a vent arranged on the housing (“A vent 18 is formed in the outer wall 2 of the apparatus and defines an air outlet from the food preparation chamber 3 to outside the apparatus” paragraph [0035]).
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In view of Tjerkgaast’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include air exiting via a vent arranged on the housing as is taught in Tjerkgaast, in the cooking system disclosed by Wang930 because Tjerkgaast states “In existing known apparatus, air in the food preparation chamber is exhausted from the chamber through the gap formed in the front side of the apparatus by the connection of the upper and lower parts of the food preparation chamber due to the increased pressure in the food preparation chamber. Therefore, a hot flow of air including steam and oil particles is expelled towards a user. However, in the present invention the vent 18 is disposed at the rear side of the apparatus, away from a user” (paragraph [0052]). Therefore, including the vent as taught by Tjerkgaast will improve safety in the cooking system of Wang930.
Wang930, as modified by Wang847 and Tjerkgaast, does not explicitly disclose the user interface comprising a plurality of inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting (The examiner notes that element 16 taught by Wang847 appears to be a dial which suggests adjustability, but such is not explicitly stated).
However, Moon teaches the user interface comprising a plurality of inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting (“a range of exemplary buttons including, e.g., but not limited to, a temperature increment, a temperature decrement, an alphanumeric display, a pause/clear button, a Prog button, a time button, a start button, a low, medium low, medium, medium high, high, and max sear button, etc.” paragraph [0048]).
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In view of Moon’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the user interface comprising a plurality of inputs for selecting a low temperature setting, a medium temperature setting, a high temperature setting, and a maximum temperature setting as is taught in Moon, in the cooking system as presently modified because the court has held that adjustability, where needed, is not a patentable advance In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). In the present case, the difference between the interface of Wang847 and the claimed interface is adjustability between modes. Moon teaches the need for an interface wherein the mode may be adjusted. Furthermore, including an adjustable mode interface will improve user experience by enabling a greater degree of choice.
Regarding claim 59, Wang930, as modified by Wang847, Tjerkgaast, and Moon, discloses the cooking system of claim 58, wherein a bottom wall of the housing is substantially parallel to the heating element, the lid, and the cooking surface (As modified by Wang847).
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Wang930, in view of Wang847, in view of Tjerkgaast, in view of Moon, and further in view of Huang (US 20190069719 A1), hereinafter Huang.
Regarding claim 60, Wang930, as modified by Wang847, Tjerkgaast, and Moon, disclose the cooking system of claim 58.
Wang930, as modified by Wang847, Tjerkgaast, and Moon, does not disclose wherein the heating element is positioned between a bottom wall of the housing and the cooking surface.
However, Huang teaches wherein the heating element is positioned between a bottom wall of the housing and the cooking surface (“In the embodiment of FIG. 9, cooking may be performed using one or both of convection (by means of the hot air system 2) and conduction (by means of the heating plate 8)” paragraph [0087]).
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In view of Huang’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the heating element is positioned between a bottom wall of the housing and the cooking surface as is taught in Huang, in the cooking system disclosed by Wang930 because Huang states “the apparatus comprises a heat plate in its base so that food being cooked in the apparatus can be heated by one or both of convection (by hot air circulated by a hot air system that comprises the electrical motor) and conduction (by the heat plate)” (paragraph [0072]). Providing a plurality of modes and cooking capabilities will provide additional options to the user thereby improving user experience.
Allowable Subject Matter
Claims 41-56 and 61-65 allowed.
None of the prior art of record teaches or suggests a cooking system with all of the limitations of independent claim 41.
Claim 41 recites the limitation “at least one sidewall of the plurality of sidewalls including at least one protrusion arranged thereon… a temperature sensor arranged within the cooking volume and configured to measure a temperature of the cooking volume, the temperature sensor being disposed on the at least one sidewall including the at least one protrusion.” The closest prior art of record to claim 41 is the previously cited Wang930, Wang847, Hou, and Moon. Wang847 teaches at least one sidewall of the plurality of sidewalls including at least one protrusion arranged thereon, a temperature sensor arranged within the cooking volume and configured to measure a temperature of the cooking volume. However, none of the cited references disclose or teach the temperature sensor being disposed on the at least one sidewall including the at least one protrusion. No reference was found such that further modification of the cited references would have made the claim obvious. Therefore, these limitations, when combined with every other limitation of the claim, distinguish the claim from the prior art. Claims 42-56 and 61-65 are allowable at least because they depend from allowable independent claim 41.
Claim 67 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 67 recites “wherein the temperature sensor is disposed on the sidewall adjacent the protrusion arranged thereon” and is objected to for substantially the same reasons as indicated in the allowable claim 41.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Van Der Burg (US 20160192808 A1) “Advantageously, the apparatus comprises a control panel CP, for example placed on the front part of the apparatus. The control panel is used to display various parameters of the apparatus on area E, parameters that can be set by user via buttons A, B, C, D, F. A: power on/off of the apparatus B: start/stop of the air heating system and the air fan C: set the temperature and the timer to a preset values D: increase/decrease temperature of hot air inside apparatus F: increase/decrease time duration of hot air circulation” paragraphs [0038]-[0043]
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Song (KR 101253705 B1)
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Welch (US 2745913 A) “The lowest heat output from heating unit 3 (usually referred to as "warm" heat) is obtained by actuating bar 26 by means of push button 51... Low heat is obtained by pressing push button 52... Medium heat is obtained by depressing push button 53... Medium high heat is obtained by depressing push button 54… High heat is obtained by pressing button 55” column 4, line 10
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Ackemann (US 2609476 A) “The four pushbutton switches 41, 42, 43 and 44 are suitably supported upon the bracket 33 and are each provided with six individual pushbuttons projecting through the opening 31 and trimmed by the left-handed and the central portion of the upper trim element 29. The pushbutton switches 41, 42, 43 and 44 respectively correspond to the surface -heating units 15, 16, 17 and 18; and in each of these pushbutton switches the individual pushbuttons comprise a high pushbutton, a medium-high pushbutton, a medium pushbutton, a low push- button, a warm pushbutton and an off pushbutton” column 4, line 27
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Moon (US 20170231430 A1) “The interface 28 may also include a plurality of programming buttons with preprogrammed inputs such as time, temperature, delay start, on/off, air speed (e.g., high, medium and low)” paragraph [0034]
Sheng (JP 3186474 U)
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Zhu (CN 204765198 U)
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Zhang (CN 105919448 A)
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Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762