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) 1-5, 9, 12-16, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johncock et al (US 2016/0331175).
Johncock discloses, an oven appliance defining a vertical, a lateral, and a transverse direction (See oven 2 in Fig 1), the oven appliance comprising:
a cooking chamber positioned within a cabinet (oven cavity 6 is a cooking chamber positioned with in a cabinet. See Paragraph [0013] and Fig 1);
one or more heating elements for selectively heating the cooking chamber (heating elements 40 and 42 are in the cooking chamber 6. See Paragraph [0013] and Fig 1);
a rotisserie assembly comprising a spit rod rotatably mounted within the cooking chamber for receiving a food item for a rotisserie cooking process (a rotisserie spit rod is mounted within the chamber. See Paragraph [0019] and Fig 1);
a motor assembly for selectively rotating the spit rod (motor assembly 160 will rotate the spit rod 150. See Paragraphs [0019]-[0021] and Fig 1) ; and a controller in operative communication with the motor assembly (control panel 50 is in communication with the motor. See Paragraph [0016], [0021]), the controller being configured to:
receive a user input regarding the rotisserie cooking process; operate the motor assembly to rotate the spit rod in accordance with the user input for the rotisserie cooking process; and
operate the one or more heating elements to roast the food item in accordance with the user input for the rotisserie cooking process. (the user provides input regarding the cooking process and the heating element are controlled in accordance with the cooking process, such as browning or searing with the motor and heating elements being cyclically operated based on a cooking program. See Paragraph [0021]) Regarding claim 2, the cooking operations of browning or searing are considered to be “target doneness.” Regarding claims 3 and 4, “control system 175 uses the temperature signals to regulate the activation status of the various heating sources, with this regulation being used to solely control the activation state of the various heating sources as in a conventional oven or to also control the activation state of rotisserie motor 160 based on the particular control sequence employed as discussed above.” (See Paragraph [0022]) Regarding claim 5, one heating element is a baking heating element and the other is a broiling element, with the operation being switched/cycled, based on the cooking process. (See Paragraphs [0013], [0021], [0022]) Regarding claim 9, the heating elements are shut off and the motor is still cycled, rotating the food. (See claims 9, 10). The resting period is not given weight as it is not properly claimed or defined. It is not structure in the apparatus and is not a function of the apparatus. It is an arbitrary designation given to a period when the heating elements are shut off and the spit remains spinning. This would not change the function or the structure of the device.
Regarding claim 12, a method of operating an oven appliance, the oven appliance comprising one or more heating elements for selectively heating a cooking chamber, a rotisserie assembly comprising a spit rod rotatably mounted within the cooking chamber for receiving a food item for a rotisserie cooking process, and a motor assembly for selectively rotating the spit rod, (oven cavity 6 is a cooking chamber positioned with in a cabinet. See Paragraph [0013] and Fig 1, heating elements 40 and 42 are in the cooking chamber 6. See Paragraph [0013] and Fig 1, a rotisserie spit rod is mounted within the chamber. See Paragraph [0019] and Fig 1, motor assembly 160 will rotate the spit rod 150. See Paragraphs [0019]-[0021] and Fig 1, control panel 50 is in communication with the motor. See Paragraph [0016], [0021]), the method comprising: receiving a user input regarding the rotisserie cooking process;
operating the motor assembly to rotate the spit rod in accordance with the user input for the rotisserie cooking process; and operating the one or more heating elements to roast the food item in accordance with the user input for the rotisserie cooking process. (the user provides input regarding the cooking process and the heating element are controlled in accordance with the cooking process, such as browning or searing with the motor and heating elements being cyclically operated based on a cooking program. See Paragraph [0021])
Regarding claim 13, the cooking operations of browning or searing are considered to be “target doneness.” Regarding claims 14 and 15, “control system 175 uses the temperature signals to regulate the activation status of the various heating sources, with this regulation being used to solely control the activation state of the various heating sources as in a conventional oven or to also control the activation state of rotisserie motor 160 based on the particular control sequence employed as discussed above.” (See Paragraph [0022]) Regarding claim 16, one heating element is a baking heating element and the other is a broiling element, with the operation being switched/cycled, based on the cooking process. (See Paragraphs [0013], [0021], [0022]) Regarding claim 19, the heating elements are shut off and the motor is still cycled, rotating the food. (See claims 9, 10). The resting period is not given weight as it is not properly claimed or defined. It is not structure in the apparatus and is not a function of the apparatus. It is an arbitrary designation given to a period when the heating elements are shut off and the spit remains spinning. This would not change the function or the structure of the device.
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, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johncock et al (US 2016/0331175) in view of Swank et al (US 2005/0022676).
The teachings of Johncock have been discussed above. Johncock fails to disclose a temperature probe configured for measuring a temperature of the food item, wherein the controller is configured to adjust the rotisseries cooking process based on the temperature of the food item.
Swank discloses, a rotisserie cooking apparatus with an oven and a cooking chamber with a spit rod. (See Fig 1) A temperature probe 234 is connect to controller via wiring for measuring the temperature of the food product. (See Paragraphs [0038], [0064]) The user can adjust the cooking process as necessary.
It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Johncock in view of Swank to provide the temperature probe for detecting the temperature of the food and display it to the user.
Claim(s) 7, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johncock et al (US 2016/0331175) in view of Mansueto et al (US 2019/0239686).
The teachings of Johncock have been discussed above. Johncock fails to disclose the controller is in operative communication with the microswitch, the controller being configured to: determine that the spit rod is not installed; and provide a user notification that the spit rod is not installed.
Mansueto discloses, a spit rod 34 for a rotisserie device having a switch for detecting whether or not the spit rod is installed and alerting the user. (See Paragraph [0045]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Johncock in view of Mansueto to provide the controller is in operative communication with the microswitch, the controller being configured to: determine that the spit rod is not installed; and provide a user notification that the spit rod is not installed for preventing undesirable operation of the device.
Claim(s) 10-11, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Johncock et al (US 2016/0331175) in view of Maeng (US 2021/0209465).
The teachings of Johncock have been discussed above. Johncock fails to disclose the resting period is between about 10 minutes and 1 hour; the controller is further configured to: provide a user notification when the resting period is complete.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to set the resting period is between about 10 minutes and 1 hour, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Maeng discloses sending out a completion notification upon completion of a cooking process of an oven. (See Paragraph [0442]) ]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Johncock in view to provide a user notification when a period is complete for alerting the user of the completion.
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 8/13/2026
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