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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over US 20090255414 by Wang (hereinafter “Wang”) in view of US 20180146825 by Qian (hereinafter “Qian”).
Regarding claim 1, Wang teaches a cooking appliance (Title, Fig 1 grill apparatus 1) with a high-temperature zone (Fig 1, grill apparatus includes infrared heater 43 in one portion of the heating area, which would form a high-temperature zone in the area of the infrared heater), comprising:
a housing comprising a heating chamber (Fig 1 housing 2 forming a chamber in which heating unit 4 is located); and
a burning system mounted within the heating chamber (Fig 1 heating unit 4), the burning system comprising a first heating group and a second heating group (Fig 1 and Fig 3, the first heating group comprising the two burners 41 shown on the right side of the grill and the second heating group comprising the two burners, 43 and 41, shown on the left side of the grill, see also Examiner Annotated Figure A below);
a grilling net (Fig 1 grid 31);
the first heating group comprising a first portion of the grilling net and a first heat generating device capable of generating heat, and the first heat generating device being located below the first portion of the grilling net (Examiner Annotated Figure A, first heating group comprises at least one tubular burner 41 below the grilling net); and
the second heating group being located beside the first heating group (Examiner Annotated Figure A), the second heating group comprising a second portion of the grilling net and a high-temperature generating device capable of generating high heat (Fig 3, high-temperature generating device comprises infrared heater 43 and a tubular burner 41), the high-temperature generating device being located at least partially below the second portion of the grilling net (Fig 1), the high-temperature generating device comprising an infrared heating device (Fig 1 infrared heater 43) and a second heat generating device located on at least one of two opposite sides of the infrared heating device (Examiner Annotated Figure A, tubular burner 41 located beside infrared heater 43), and the infrared heating device, the second heat generating device and the second grilling net forming the high-temperature zone together; and the second heat generating device being located at least partially below the second portion of the grilling net (Fig 3).
But Wang does not teach that the grilling net comprises a first grilling net and a second grilling net.
However, Qian teaches a cooking appliance (Fig 1) having a grilling net that is separated into multiple separate grilling nets (Fig 1 grilling net 5, shown in multiple pieces). Qian teaches that the grilling net “is provided in multiple, and if local damage is found, only the net with local damage needs to be replaced, so saving the cost” (paragraph [0030] line 18-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking appliance of Wang by separating the grilling net into at least a first grilling net and a second grilling net. Doing so would be advantageous in allowing portions of the grilling net to be more easily removed when performing maintenance or cleaning of parts of the cooking appliance and also allowing for replacement of individual grilling nets when one is damaged.
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Examiner Annotated Figure A, from Fig 3 of Wang, showing the 1st and 2nd heating groups located under the 1st and 2nd portions of the grilling net, respectively
Claim 2-3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang and Qian and in further view of WO 2021227257 by Li (hereinafter “Li”).
Regarding claim 2, Wang, as modified by Qian teaches the cooking appliance of claim 1. See details in claim 1 rejection above, including the motivation for one of ordinary skill to modify.
But Wang/Qian does not explicitly teach that the infrared heating device comprises an infrared burner, a cover body and an ignition needle, both ends of the cover body being formed by extending toward inner walls of a front side and a rear side of the heating chamber respectively, the cover body being arranged above a burning portion of the infrared burner, the cover body being provided with a cavity, an opening in communication with the cavity and a plurality of first heat dissipation holes, and the ignition needle being placed in the cavity through the opening.
However, Li teaches a an infrared heating device for use in a cooking appliance (Title, paragraph [0005]) that comprises an infrared burner (Fig 1), a cover body (Fig 1 protective cover 110), and an ignition needle (Fig 1 ignition needle 311 on ignition assembly 310), where the cover body is arranged above a burning portion of the infrared burner (Fig 1), the cover body is provided with a cavity (cavity is the space underneath protective cover 110 and above ceramic plate 110), an opening in communication with the cavity (Fig 1 opening in 110 where ignition needle 311 enters the cavity), and a plurality of first heat dissipation holes (Fig 1 second through holes 111; paragraph [0035]), and the ignition needle is placed in the cavity through the opening (Fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking appliance of Wang/Qian by using the known infrared heating device taught by Li, such that the infrared heating device comprises an infrared burner, a cover body and an ignition needle, the cover body being arranged above a burning portion of the infrared burner, the cover body being provided with a cavity, an opening in communication with the cavity and a plurality of first heat dissipation holes, and the ignition needle being placed in the cavity through the opening, as taught by Li. This would provide an infrared heating device which efficiently burns fuel to heat the device to sufficiently high temperatures, does not generate open flames, and is protected from grease dripping from the food being cooked on the grilling net above the device. Note that when placed in the cooking appliance of Wang/Qian, this would also result in both ends of the cover body being formed by extending toward inner walls of a front side and a rear side of the heating chamber, as claimed.
Regarding claim 3, Wang, as modified by Qian and Li, teaches the cooking appliance according to claim 2. See details in claim 1 rejection above, including the motivation for one of ordinary skill to modify.
Li further teaches that the infrared burner is an infrared burner head (Fig 1), an edge of a lower port portion of the cover body is formed with positioning bodies which are provided continuously or at intervals (Figs 1-3, positioning portion 113 with connecting portion 114 and fasteners 115; paragraph [0040]), and the positioning bodies are arranged annularly and located at an outer peripheral side of the burning portion of the infrared burner (Fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention, having modified the cooking appliance of Wang/Qian with the infrared heating device taught by Li, that the infrared burner is an infrared burner head, an edge of a lower port portion of the cover body is formed with positioning bodies which are provided continuously or at intervals, and the positioning bodies are arranged annularly and located at an outer peripheral side of the burning portion of the infrared burner, in order to facilitate the installation of the cover on the heating portion.
Allowable Subject Matter
Claims 4-10 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art of record teaches or suggests a cooking appliance with all of the limitations of claim 4, particularly the limitation “wherein the cover body comprises one upper end plate and two first inclined plates, the two first inclined plates are arranged symmetrically to each other, and a distance between upper ends of the two first inclined plates is less than a distance between lower ends of the two first inclined plates; the upper end plate is located between and connected to the upper ends of the two first inclined plates, the cavity is formed between the upper end plate and the two first inclined plates, and at least one end of the cavity forms the opening; and the plurality of first heat dissipation holes are arranged on the upper end plate and the two first inclined plates, and the bottoms of the two first inclined plates are adjacent to the infrared burner.”
Claims 5-10 would be allowable at least because they depend from and include all of the limitations of claim 4.
The following are considered to be the closest prior art of record:
Wang teaches a cooking appliance with a high temperature zone having an infrared heating device, as discussed above. But Wang does not teach the cover body as claimed.
Li teaches an infrared heating device, as discussed above. The cover body taught by Li comprises an upper plate having heat dissipation holes (Fig 1, where the upper row of heat dissipation holes 111 located on the curved portion of the cover is considered part of the upper plate) and two side plates having heat dissipation holes (Fig 1). But the two side plates are not inclined such that a distance between upper ends of the plates is less than a distance between lower ends of the plates, as required by the claim.
US 20050284461 by Hsu teaches a cooking appliance with multiple infrared heating devices, each generating high heat and capable of creating a high-temperature zone (Fig 1, Abstract). Hsu teaches that the infrared heating devices comprise a burner (Fig 1 gas burner 2), and a cover body (Fig 1 and Fig 2, ceramic board 4 and support frame 3) having heat dissipation holes ((Fig 4 slots 3b for dispensing hot air upward; paragraph [0025]). But the cover body taught by Hsu does not comprise an upper end plate with heat dissipation holes and two inclined plates with heat dissipation holes, as required by the claim.
WO 2008086564 by Woodland teaches an infrared burner with a cover body, the cover body having inclined plates with heat dissipation holes (Fig 1 vaporiser 4 with apertures 6). But the cover body of Woodland does not comprise an upper end plate with heat dissipation holes and two inclined plates with heat dissipation holes, as required by the claim.
US 20080182216 BY O’Donnell et al teaches a burner with a deflector 18 comprising an upper end plate with holes and two inclined plates with holes. However, the deflector of O’Donnell is not analogous to the cover body of Li or to that claimed. It would not have been obvious, then, to use the teachings of O’Donnell to arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200229644 by Mao et al teaches a cover body for an infrared burner.
CN 203914590 by Feng teaches a cooking appliance with infrared burners.
US 20090314278 by Bruno et al teaches a cooking appliance having a central cooking zone with an additional supplementary burner.
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/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762