Prosecution Insights
Last updated: October 01, 2026
Application No. 18/420,629

CONTROL METHODS FOR INFRARED CONVEYOR OVENS

Non-Final OA §103
Filed
Jan 23, 2024
Examiner
PAIK, SANG YEOP
Art Unit
Tech Center
Assignee
The Middleby Corporation
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
12m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
927 granted / 1416 resolved
+5.5% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
49 currently pending
Career history
1454
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
59.9%
+19.9% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1416 resolved cases

Office Action

§103
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 . 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. Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schjerven Sr et al (US 2021/0176997; hereinafter Schjerven) in view of Braun et al (US 4,829,159; hereinafter Braun). Schjerven discloses the conveyor oven claimed including an oven compartment (120) with a plurality of heating elements including a first heating element (350 in a zone 1) connected to a first relay (325) to control a current flow to the first heating element, a second heating element (355 in a zone 2) connected to a second relay (330) to control a current flow to the second heating element, a power supply (300) that receives external power and distributes power to the first and second heating elements (para 0005), a controller (310/210; also, see para 0022 and 0025) including a memory (220) and a processor (215), the controller including the processor coupled to the memory, the power supply (330), the first relay, and the second relay wherein the processor is configured to retrieve from the memory executable instructions for the electronic processor (para 0024) to determine a first duty cycle (e.g., 70% on) for the first heating element, a second duty cycle (e.g., 70% on), actuate the first relay (325) to energize the first heating element during a first duty cycle interval, and actuate the second heating element during a second duty cycle interval (also, see Figure 9; para 0036). But, Schjerven does not explicitly disclose for the second duty cycle interval for the second heating element that begins after a delay period from a start of the first duty cycle interval has elapsed. Braun discloses it is known in the art of an oven having a plurality of heating elements/loads including a first heating element/load (e.g., heating load 5) that is energized during a first determined time period/cycle interval and a second heating/load (e.g., hearting load 6) that is energized during a second determined time period/cycle interval wherein the second cycle interval begins after a delay period (shown by the arrow 15 of the first heating load 5 as illustrated in Figure 2) from a start of the first cycle interval has elapsed. Braun discloses the plurality of heating element/loads are energized in sequence to minimize the demand on the power supply/current mains to prevent overload or exceeding of the power supply/current mains and prevent flickering of the heating elements/loads. In view of Braun, it would have been obvious to one of ordinary skill in the art to adapt Schjerven with the electronic processor that actuates and energizes the second heating element after a delayed period from a start of the first duty cycle interval of the first heating element has elapsed so that the power load on the second heating element during its second duty cycle is adequately and sufficient provided without overloading or exceeding a power load of the power supply to predictably provide a desired stable heating output without flickering or unstable load of the power supply. With respect to claim 2, Schjerven discloses that each of the first and second heating elements is energized 70% of the duty cycle (para 0037) wherein the second duty cycle interval has a second duration (70% of the duty cycle) that is equal to the first duration (70% of the duty cycle) of the first duty cycle. With respect to claim 3, Schjerven discloses the processor that determines a maximum/total allowable current spike/draw (see Abstract and para 0031) wherein the delay period after which the second duty cycle begins, as taught by Braun, would be based on the first duty cycle as well as the second duty cycle and the maximum allowable current spike to prevent any overload of the power supply as Braun discloses that each of the heating element can be energized one after another as illustrated in Figure 2 of Braun. With respect to claim 4, Schjerven discloses for the electronic processor that determines a maximum average current for the conveyer oven to be less than the maximum current draw available wherein (para 0037) the delay period after which the second duty cycle begins, as taught by Braun, would be based on the first duty cycle as well as the second duty cycle and the maximum average current for the conveyor oven to prevent any overload of the power supply as Braun discloses that each of the heating element can be energized one after another as illustrated in Figure 2 of Braun. With respect to claim 5, Schjerven discloses for one or more temperature sensors (thermocouple) to measure a temperature in the conveyor oven (para 0024) wherein the processor would execute instructions including receiving the temperature from the temperature sensor and actuating the first and second relay by repeating the first and second duty cycle to maintain the desired heating temperature if the measured temperature is less than the temperature setpoint. Also, see para 0007-0008 and 0024. With respect to claim 6, Schjerven discloses for a third heating element (360 in a zone 3) connected to a third relay (335) to control a current flow to the third heating element wherein the power supply (300) distributes internal power to the third heating element wherein the processor in the controller (310) coupled to the third relay would retrieve executable instructions from the memory (220) to determine a third duty cycle during a third duty cycle interval (e.g., 70% of the duty cycle) wherein as Braun discloses for energizing a third heating element/load (7) after a delay period (shown by the arrow 16) from a start of the second cycle has elapsed wherein the energizing the third heating element of Schjerven after the second heating element would prevent any overloading or exceeding of a power load of the power supply. With respect to claim 7, Schjerven discloses for a fourth heating element (365 in a zone 4) connected to a fourth relay (340) to control a current flow to the third heating element wherein the power supply (300) distributes internal power to the third heating element wherein the processor in the controller (310) coupled to the third relay would retrieve executable instructions from the memory (220) to determine a fourth duty cycle during a fourth duty cycle interval (e.g., 70% of the duty cycle) wherein as Braun discloses for energizing a fourth heating element/load (8) after a delay period (shown by the arrow 17) from a start of the third cycle has elapsed wherein the energizing the fourth heating element of Schjerven after the third heating element would prevent any overloading or exceeding of a power load of the power supply. With respect to claim 8, Schjerven discloses a conveyor that extends through the oven compartment (para 0005) with a motor that drives the conveyor (para 0005). Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Claims 9 and 15 include an allowable subject matter including the processor to determine a maximum combined duty cycle based on the maximum average current, compare the maximum combined duty cycle to the combined duty cycle to determine a duty cycle coverage, and adjust the first duty cycle and the second duty cycle based on the duty cycle covered such that the combined duty cycle is less than or equal to the maximum combined duty cycle. Claims 9-14 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. Claims 15-20 are allowed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wiker et al (US 2019/0003720) discloses for a conveyor oven having a plurality of heating elements actuated by a plurality of relays. Covillion (US 4,447,712) discloses for a heating system having a plurality of relays connected to a respective plurality of heating elements which are further controlled in a staggered manner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F. 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, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SANG Y PAIK/Primary Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Jan 23, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
82%
With Interview (+16.3%)
3y 8m (~12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1416 resolved cases by this examiner. Grant probability derived from career allowance rate.

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