Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-2, 13-14, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al (US 2020/0053842) in view of Hayashi (JP 2009-109056), as cited by applicant and Bhogal et al (US 2022/0007885).
Jeon discloses, regarding claim 1, a muffle (C), which extends along a longitudinal axis (A) and defines a cooking chamber (118) with an opening (106); the muffle comprising a back wall (150) opposite the
opening (106) and orthogonal to the axis (A), a roof wall (112) parallel to the axis (A), a floor wall (114) parallel to the axis (A) and two side walls (implicit, fig. 1) parallel to the axis (A); at least one first fan (138), which is coupled to the back wall (150); at least one grill resistance (124), which is housed in the cooking chamber and is coupled to the roof wall (112) ; at least one first bottom resistance (136), which is housed in the cooking chamber, is coupled to the back wall (fig. 2) and extends substantially around the first fan (138); at least one sole resistance (126), which is located outside the cooking chamber (118), a control device (paragraph [0030]), configured to regulate the operation of the oven by selective activation of the at least first fan (1238) and/or the grill resistance (124), and/or the bottom resistance (136) and/or the sole resistance (126) (paragraph [0031]) ; the control device being configured to operate the oven in the air fry mode (paragraph [0005]); wherein the air fry mode comprises a preheating step (§ [0027]), wherein the control device is configured to activate the at least one first bottom resistance (136) and the at least one first fan (138) during the cooking phase (paragraph [0027]).
Jeon fails to disclose, the sole resistance is coupled externally to the floor wall, and wherein the food is not housed in the cooking chamber and a cooking step wherein the food is housed in the cooking chamber.
Hayashi disclose, a resistance heating element located and coupled externally to the floor (stone plate 28). It would have been obvious to adapt Jeon in view of Hayashi to provide the resistance is coupled externally to the floor wall for reducing the size of the oven while still providing the same cooking effect.
Bhogal discloses, detecting whether food is located in the cooking cavity during a preheating step, if food is detected, the preheating is stopped. (See Paragraphs [0014]-[0018]) Then the system would cook the food when it is preheated in a cooking step.
It would have been obvious to adapt Jeon in view of Bhogal to provide the preheating step where the food is not housed in the cooking chamber and a cooking step where the food is housed in the chamber for preventing the food from being burned.
Jeon discloses, regarding claim 2, the fan 138 is operated during a preheat cycle. (See Paragraph [0027]) Both heating elements would also be operated, as evidenced by Bhogal (See Paragraph [0017]), for bringing the cooking chamber up to temperature as quickly as possible.
Jeon discloses, regarding claim 13, 17, a muffle (C), which extends along a longitudinal axis (A) and defines a cooking chamber (118) with an opening (106); the muffle comprising a back wall (150) opposite the opening (106) and orthogonal to the axis (A), a roof wall (112) parallel to the axis (A), a floor wall (114) parallel to the axis (A) and two side walls (implicit, fig. 1) parallel to the axis (A); at least one first fan (138), which is coupled to the back wall (150); at least one grill resistance (124), which is housed in the cooking chamber and is coupled to the roof wall (112) ; at least one first bottom resistance (136), which is housed in the cooking chamber, is coupled to the back wall (fig. 2) and extends substantially around the first fan (138); at least one sole resistance (126), which is located outside the cooking chamber (118), a control device (paragraph [0030]), configured to regulate the operation of the oven by selective activation of the at least first fan (1238) and/or the grill resistance (124), and/or the bottom resistance (136) and/or the sole resistance (126) (paragraph [0031]) ; the control device being configured to operate the oven in the air fry mode (paragraph [0005]); wherein the air fry mode comprises a preheating step (§ [0027]), wherein the control device is configured to activate the at least one first bottom resistance (136) and the at least one first fan (138) during the cooking phase (paragraph [0027]).
Jeon fails to disclose, the sole resistance is coupled externally to the floor wall, and wherein the food is not housed in the cooking chamber and a cooking step wherein the food is housed in the cooking chamber.
Hayashi disclose, a resistance heating element located and coupled externally to the floor (stone plate 28). It would have been obvious to adapt Jeon in view of Hayashi to provide the resistance is coupled externally to the floor wall for reducing the size of the oven while still providing the same cooking effect.
Bhogal discloses, detecting whether food is located in the cooking cavity during a preheating step, if food is detected, the preheating is stopped. (See Paragraphs [0014]-[0018]) Then the system would cook the food when it is preheated in a cooking step.
It would have been obvious to adapt Jeon in view of Bhogal to provide the preheating step where the food is not housed in the cooking chamber and a cooking step where the food is housed in the chamber for preventing the food from being burned.
Jeon discloses, regarding claim 14, the fan 138 is operated during a preheat cycle. (See Paragraph [0027]) Both heating elements would also be operated, as evidenced by Bhogal (See Paragraph [0017]), for bringing the cooking chamber up to temperature as quickly as possible.
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al (US 2020/0053842) in view of Hayashi (JP 2009-109056), Bhogal et al (US 2022/0007885) and Brown et al (US 2022/0381445).
The teachings of Jeon have been discussed above. Jeon fails to disclose, regarding claim 5, a removable support grid, which is provided with two opposite and axially arranged support sides resting on respective axial side guides coupled to the respective side walls of the muffle; a removable air-fry tray equipped with a baking pan and a frame, which is coupled to a perimeter edge of the baking tray and is configured to provide stable support at least on the support grid.
Brown discloses, a removeable support grid 162 which is provide with two axially arranged support side 164 which is coupled to sidewalls of the muffle (See Fig 1). A removable air fry tray 200 with a baking pan frame (See Fig 2 and Paragraphs [0004], [0014] - [0017]) with the grid 162 being supported by the baking tray. It would have been obvious to adapt Jeon in view of Brown to provide a removable support grid, which is provided with two opposite and axially arranged support sides resting on respective axial side guides coupled to the respective side walls of the muffle; a removable air-fry tray equipped with a baking pan and a frame, which is coupled to a perimeter edge of the baking tray and is configured to provide stable support at least on the support grid for minimizing the amount of smoke released into the cooking space. Regarding claim 7-8, Brown shows a tray with 4 support points 260. (See Fig 3. It would have been obvious to provide the 4 support points for adequately securing a tray to its base. (See Paragraph [0020])
Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al (US 2020/0053842) in view of Hayashi (JP 2009-109056), Bhogal et al (US 2022/0007885), Brown et al (US 2022/0381445) and Lindell et al (US 2022/0400897).
The teachings of Jeon as adapted have been discussed above. Jeon fails to disclose The oven according to claim 8, wherein the support grid comprises a plurality of support bars arranged parallel to each other and parallel to the support sides and two cross bars, which extend from one support side to the other transversely to the support bars; the anchor points of the support grid being defined by respective portions of the cross bars. The oven according to claim 9, wherein the cross bars are orthogonal to the support bars. The oven according to claim 9, wherein each support element is defined by a leg extending substantially orthogonally to the perimeter element of the frame and provided with a foot configured for resting on a planar surface and with a shoulder configured for resting on a respective anchor point of the support grid. The oven according to claim 11, wherein the perimeter element of the frame comprises two opposite sides; wherein each side is provided with two support elements; the distance between the shoulders of the support elements of the same side being substantially identical to the distance between two cross bars of the support grid.
Lindell discloses, (See Fig 11 a support grid having a plurality of support bars, one in each corner arranged parallel to each other with two cross bars 152 extending transversely, with each side being provided two support elements and being substantially the same distance. It would have been obvious to provide the grid or tray supports which would be best for the intended use.
Allowable Subject Matter
Claims 3-4, 15-16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 6/27/2026
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