Prosecution Insights
Last updated: August 17, 2026
Application No. 18/440,370

PERFECT FONDUE/BOURGUIGNONNE WITH TEMPERATURE CONTROL

Non-Final OA §102§103
Filed
Feb 13, 2024
Examiner
JENNISON, BRIAN W
Art Unit
Tech Center
Assignee
WHIRLPOOL Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
1045 granted / 1455 resolved
+11.8% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
50 currently pending
Career history
1492
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1455 resolved cases

Office Action

§102 §103
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 § 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (US 2015/0272385). Regarding claim 1, Wang discloses, an induction heating system (see abstract) comprising: an induction heater (see Fig. 2, element 155 and paragraph [0063]); a user interface for setting a desired temperature value of induction heater (see Fig. 2, elements 200-225; paragraphs [0087]; Fig. 7 and [0094]); a cooking vessel formed of an induction-compatible material and including a base, an exterior wall, and an interior surface (see Fig. 2, element 130 and paragraph [0061]); a control system (see Fig. 8,9) configured to: receive the desired temperature value of the induction heater (see Fig. 8,9 and paragraphs [0084], [0095],[0096]); estimate an actual temperature value of the cooking vessel (The actual temperature is detected via temperature sensor 170. See Fig. 8,9 and paragraphs [0084],[0095],[0096]); compare the estimated temperature value with the desired temperature value (see Fig. 8,9 and paragraphs [0084], [0095], [0096]); and if a difference between the estimated and desired temperature values is outside of a predetermined threshold, adjust the induction heater until the difference between the estimated and desired temperature values is within the predetermined threshold (The measured temperature is compared to the desired temperature and the control unit 190 adjusts the power output in order to maintain the desired temperature. See Fig. 8,9 and paragraphs [0084], [0095], [0096]). Regarding claim 2, the control system contains preset temperatures corresponding to various types of food. (See Paragraph [0087]) Regarding claim 3, the control unit 190 has a processor and memory for storing target heating profiles. (See Paragraph [0092]). Claim(s) 1-5, 10-15, 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon et al (US 2015/0028022). Regarding claim 1, Moon discloses, an induction heating system (see abstract) comprising: an induction heater (see Fig. 1A, paragraph [0008]) sensor a user interface for setting a desired temperature value of induction heater (See Fig 1A, 6, Paragraph [0304]) a cooking vessel formed of an induction-compatible material and including a base, an exterior wall, and an interior surface (pot, see paragraph [0349]) a control system configured to: receive the desired temperature value of the induction heater (See Paragraphs [0031], [0052], [0054]) estimate an actual temperature value of the cooking vessel (The actual temperature is detected via temperature sensor, See Paragraph [0113]) compare the estimated temperature value with the desired temperature value (see paragraphs [0376], [0375]); and if a difference between the estimated and desired temperature values is outside of a predetermined threshold, adjust the induction heater until the difference between the estimated and desired temperature values is within the predetermined threshold (According to an exemplary embodiment, the PIC may access the NTC temperature reading value and may compare the NTC reading with the setting temperature. If the NTC value is lower than the setting temperature, the IGBT may be used and heat is generated to increase temperature. The measured temperature is compared to the desired temperature and the control unit 190 adjusts the power output in order to maintain the desired temperature. see paragraphs [0376], [0375]); Regarding claim 2, Paragraphs [0157], [0158] discloses preset temperatures which could correspond to chocolate, hot pot or bourguignonne. (Also see Paragraph [0049]) Regarding claim 3, the controller contains a processor and memory containing instructions for controlling the induction device and heating. (See Paragraph [0031], [0052], [0302]) Regarding claim 4, a temperature curve is used for adjusting the temperature. (See Paragraphs [0097], [0375]) Regarding claim 5, Paragraph [0158] discloses preset temperatures which could correspond to chocolate, hot pot or bourguignonne. (Also see Paragraph [0049]) Regarding claim 10, Moon discloses, an induction heating system (see abstract) comprising: an induction heater (see Fig. 1A, paragraph [0008]) sensor a user interface for setting a desired temperature value of induction heater (See Fig 1A, 6, Paragraph [0304]) a cooking vessel formed of an induction-compatible material and including a base, an exterior wall, and an interior surface (pot which would be induction compatible, see paragraph [0349]) a control system configured to: receive the desired temperature value of the induction heater (See Paragraphs [0031], [0052], [0054]) estimate an actual temperature value of the cooking vessel (The actual temperature is detected via temperature sensor, See Paragraph [0113]) compare the estimated temperature value with the desired temperature value (see paragraphs [0376], [0375]); and if a difference between the estimated and desired temperature values is outside of a predetermined threshold, adjust the induction heater until the difference between the estimated and desired temperature values is within the predetermined threshold (According to an exemplary embodiment, the PIC may access the NTC temperature reading value and may compare the NTC reading with the setting temperature. If the NTC value is lower than the setting temperature, the IGBT may be used and heat is generated to increase temperature. The measured temperature is compared to the desired temperature and the control unit 190 adjusts the power output in order to maintain the desired temperature. see paragraphs [0376], [0375]); Paragraphs [0157], [0158] discloses preset temperatures which could correspond to chocolate, hot pot or bourguignonne. (Also see Paragraph [0049]) Regarding claim 11, the induction heater has a maximum temperature and the user may set a maximum temperature. (See Paragraph [0127]) Regarding claim 12, Paragraphs [0157], [0158] discloses preset temperature, of 100 degrees, which is about 45 degrees C, 40-45 degrees and is adjustable in increments of about 5 degrees C. (See Paragraphs [0014], [0166], the temperature is adjustable in 5 or 10 degree F increments which would be about 5 degrees C) Regarding claim 13, the temperature may be preset between 180-270 degrees F. (See Paragraph [0228], the temperature is adjustable in 5 or 10 degree F increments which would be about 5 degrees C.) Regarding claim 15, as the induction device heats up the temperature curve would pass through a melting and maintenance segment. (See Paragraph [0327]) The melting segment and maintenance segments are not defined. The claim does not define which one occurs first. Regarding claim 17, Moon discloses, an induction heating system (see abstract) comprising: an induction heater (see Fig. 1A, paragraph [0008]) sensor a user interface for setting a desired temperature value of induction heater (See Fig 1A, 6, Paragraph [0304]) a cooking vessel formed of an induction-compatible material and including a base, an exterior wall, and an interior surface (pot which would be induction compatible, see paragraph [0349]) a control system configured to: receive the desired temperature value of the induction heater (See Paragraphs [0031], [0052], [0054]) estimate an actual temperature value of the cooking vessel (The actual temperature is detected via temperature sensor, See Paragraph [0113]) compare the estimated temperature value with the desired temperature value (see paragraphs [0376], [0375]); and if a difference between the estimated and desired temperature values is outside of a predetermined threshold, adjust the induction heater until the difference between the estimated and desired temperature values is within the predetermined threshold (According to an exemplary embodiment, the PIC may access the NTC temperature reading value and may compare the NTC reading with the setting temperature. If the NTC value is lower than the setting temperature, the IGBT may be used and heat is generated to increase temperature. The measured temperature is compared to the desired temperature and the control unit 190 adjusts the power output in order to maintain the desired temperature. see paragraphs [0376], [0375]); Paragraphs [0157], [0158] discloses preset temperatures which could correspond to chocolate, hot pot or bourguignonne. (Also see Paragraph [0049]) Regarding claim 18, as the induction device heats up the temperature curve would pass through a melting and maintenance segment. (See Paragraph [0327]) The melting segment and maintenance segments are not defined. The claim does not define which one occurs first. 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) 6-9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Moon et al (US 2015/0028022) in view of Labesse (FR 2499381). The teachings of Moon have been discussed above. Moon fails to disclose, a table that includes a pocket, wherein the induction heater is located in the pocket; The induction heating system of claim 6, wherein the pocket is sized to accommodate the base of the cooking vessel; The induction heating system of claim 6, wherein a perimeter of the table is round; The induction heating system of claim 1, wherein the interior surface of the cooking vessel includes a non-stick coating. Labeese discloses a table for receiving an induction heating pot in recess 4. (See Fig 1) It would have been obvious to adapt Moon in view of Labesse to provide the induction heating device in a table for allowing users to cook their food at the table, with others, then provide a surface for eating it. It would have been obvious to provide a round table as this is an obvious variant of a table shape, allowing for even access to the recess from all seating locations. It would have been obvious to provide the non-stick coating as this is an obvious variant of a coating for any cooking vessel. 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. 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, Ibrahime Abraham can be reached at 571-270-5569. 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. /BRIAN W JENNISON/Primary Examiner, Art Unit 3761 7/15/2026
Read full office action

Prosecution Timeline

Feb 13, 2024
Application Filed
Jul 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
72%
Grant Probability
94%
With Interview (+22.1%)
3y 6m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1455 resolved cases by this examiner. Grant probability derived from career allowance rate.

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