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, 3, 5, 7-8, 10-11, 13, 15, 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heimerdinger (US 2023/0232507) in view of Bhogal et al (US 11,022,321). Regarding claims 1 and 10-11, Heimerdinger discloses sous vide assembly for use in a microwave oven (100) comprising a cabinet defining a cooking chamber (104); a door (120) mounted to the cabinet for providing selective access to the cooking chamber (104); a microwave heating assembly for generating microwave energy within the cooking chamber (104, par. 0023); a cooking accessory (200) configured for receipt within the cooking chamber (104) for heating one or more items, the cooking accessory (200) comprising an outer tank (202) forming a receiving cavity for containing a microwavable material, wherein the receiving cavity defines a microwave energy impact zone (Figure 3); a first sensor (136) configured for monitoring a temperature of the microwavable material (par. 0026); and a controller (150) in operative communication with the microwave heating assembly and the first sensor (136). However, Heimerdinger does not disclose a first sensor positioned within the cooking accessory and spaced apart from the outer tank outside of the microwave energy impact zone; the controller being configured to perform an operation, the operation comprising: obtaining a temperature set point for the microwavable material; directing the microwave heating assembly at a predetermined power level in response to obtaining the temperature set point; and obtaining a signal from the first sensor after directing the microwave heating assembly at the predetermined power level. Bhogal discloses a first sensor (130, Figure 19) positioned within the cooking accessory and spaced apart from the outer tank outside of the energy impact zone; the controller being configured to perform an operation, the operation comprising: obtaining a temperature set point for the heating material (par. 0047); directing the heating assembly at a predetermined power level in response to obtaining the temperature set point (par. 0047); and obtaining a signal from the first sensor after directing the heating assembly at the predetermined power level (par. 0047). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to utilize in Heimerdinger a first sensor positioned within the cooking accessory and spaced apart from the outer tank outside of the energy impact zone; the controller being configured to perform an operation, the operation comprising: obtaining a temperature set point for the heating material; directing the heating assembly at a predetermined power level in response to obtaining the temperature set point; and obtaining a signal from the first sensor after directing the heating assembly at the predetermined power level as taught by Bhogal in order to provide optimum energy amount to treat the object. Regarding claims 3 and 13, Heimerdinger discloses the cooking accessory comprises an inner tank (204) spaced apart from the outer tank (202) to form a fluid chamber between the inner tank and the outer tank (par. 0032). Regarding claims 5 and 15, Bhogal discloses the operation further comprises: determining a heating pattern based on the obtained signal; and directing the heating assembly according to the determined heating pattern (pr. 0047). Regarding claims 7 and 17, Heimerdinger discloses the microwave heating assembly is a magnetron producing electromagnetic microwave radiation (par. 0022). Regarding claims 8 and 18, Heimerdinger discloses the magnetron is a variable power magnetron, and wherein obtaining a signal from the first sensor comprises: obtaining the signal from the first sensor when the power level of the magnetron is less than a predetermined power level (par. 0024). Regarding claim 20, Heimerdinger/Bhogal discloses substantially all features of the claimed invention including Bhogal discloses cooking appliance accessory and method of use comprising a container (100) comprising an outer tank (110) and defining a receiving cavity for storing a quantity of liquid (Figure 5), the outer tank (110) comprising an inner surface facing the receiving cavity and an outer surface opposite the inner surface (Figure 5); and a sensor (132) coupled to the container (100) and provided within the receiving cavity, wherein the sensor (132) is positioned within the stored quantity of liquid. However, Heimerdinger/Bhogal does not disclose the sensor at least fifteen millimeters away from the inner surface of the outer tank. It would have been obvious to one ordinary skill in the art before the effective filing date of the invention was made to have a sensor at least fifteen millimeters away from the inner surface of the outer tank in order to suit user specific application.
Claims 2, 4, 6, 9, 12, 14, 16 and 19 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.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 June 17, 2026
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