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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over CN 107514659 A (hereinafter “KANG”).
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Regarding Claim 1, KANG discloses a cooking apparatus comprising: a main body (see 10) comprising a cooking chamber (11); a door (13) mounted on a front of the main body to open and close the cooking chamber; a control panel (14) disposed above the door and on which a knob (141) is mounted; and a heat dissipation guide (142) mounted to a lower portion of the control panel (14), wherein the heat dissipation guide (142) is provided to protrude from a lower surface of the control panel (14) toward the door (13) to block a heated air discharged through a gap between the control panel (14) and the door (13) from directing to the knob (141).
KANG does not disclose that said heat dissipation guide is detachably mounted.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein said heat dissipation guide is detachably mounted, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."). In addition, modifying KANG wherein said heat dissipation guide is detachably mounted as taught and/or suggested by PRODI would provide a means to easily replace, repair, upgrade or perform maintenance on said dissipation guide.
Regarding Claim 12, KANG does not disclose wherein: the control panel comprises a steel material, and the heat dissipation guide comprises a resin material.
Nonetheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein: the control panel comprises a steel material, and the heat dissipation guide comprises a resin material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In the present case, control panels made of a steel material are old and well known in the art and thermoplastics, which are a resin material, would be a suitable material for said heat dissipation guide.
Regarding Claims 13 and 14, KANG further discloses wherein the heat dissipation guide (142) comprises: a coupling body configured to couple to the control panel (i.e., that portion of heat dissipation guide 142 that is in direct contact with said control panel 14); and a blocking body extending downward from the coupling body (i.e., that portion of heat dissipation guide 142 extending downward from the coupling body); wherein the blocking body comprises: a guide surface (indicated in annotated Fig. 4 below) provided to face the main body, the guide surface to guide a flow direction of the heated air flowing forward from the main body downward (see at least the flow arrows in Fig. 2); and a connection surface (indicated in annotated Fig. 4 below) formed in front of the guide surface to connect the guide surface and the coupling body.
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Claims 2-5, 10-11 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over KANG in view of EP 0261083 A2 (hereinafter “PRODI”).
Regarding Claim 2, KANG does not disclose wherein the heat dissipation guide comprises: a first hook provided on a first side thereof to be inserted into an inner side of the control panel; and a second hook provided on a second side thereof opposite to the first hook.
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PRODI teaches a coupling and rapid fastening system comprising an item (17) mounted to a household appliance panel (1) wherein the item comprises: a first hook (19) provided on a first side thereof to be inserted into an inner side of the panel (1); and a second hook (16) provided on a second side thereof opposite to the first hook (19).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein the heat dissipation guide comprises: a first hook provided on a first side thereof to be inserted into an inner side of the control panel; and a second hook provided on a second side thereof opposite to the first hook as taught and/or suggested by PRODI, since PRODI states that “according to the invention, both the application and the removal of the panel result to be extremely easier and in practice require a single operation which minimizes the time necessary to application or, respectively, removal of the panel, so that it can be defined as a quick-acting clamping and loosening device.”; therefore, such a modification would provide an easy & quick-acting means of mounting and/or detaching said heat dissipation guide to said control panel which only requires a single operation thus minimizing the time needed to install or remove said heat dissipation guide. In addition, modifying KANG in view of PRODI wherein said heat dissipation guide is detachably mounted as taught and/or suggested by PRODI would provide a means to easily replace, repair, upgrade or perform maintenance on said dissipation guide.
Regarding Claim 3, PRODI further teaches wherein the panel comprises: a first cutout (5) into which the first hook (19) is inserted; and a second cutout (15) into which the second hook (16) is inserted.
Regarding Claim 4, KANG further discloses wherein the control panel (14) comprises: a front body forming a front surface on which the knob (141) is mounted; and a lower body bent rearward from a lower portion of the front body (see Figs. 3 & 4).
KANG does not disclose the first cutout and the second cutout formed on said lower body.
PRODI teaches a mounting arrangement comprising a first cutout (5) and a second cutout (15) formed on a body (15).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein the first cutout and the second cutout formed on said lower body as taught and/or suggested by PRODI, since PRODI states that “according to the invention, both the application and the removal of the panel result to be extremely easier and in practice require a single operation which minimizes the time necessary to application or, respectively, removal of the panel, so that it can be defined as a quick-acting clamping and loosening device.”; therefore, such a modification would provide an easy & quick-acting means of mounting and/or detaching said heat dissipation guide to said control panel which only requires a single operation thus minimizing the time needed to install or remove said heat dissipation guide.
Regarding Claim 5, PRODI further teaches wherein the panel (1) comprises a panel stopper (6) extending from the body (3) into a cutout hole of the second cutout (15).
Regarding Claim 10, KANG in view of PRODI discloses wherein the heat dissipation guide (see KANG, 142) is prevented from movement with respect to the control panel (see KANG, 14) by the panel stopper (as taught by PRODI, see panel stopper 6) of the control panel. In other words, PRODI teaches a means by which KANG’s heat dissipation guide (142) can be securely mounted and attached to KANG’s control panel (14) via the mounting arrangement taught by PRODI which incorporates the use of a panel stopper (PRODI, 6).
Regarding Claim 11, PRODI further teaches wherein the first hook (PRODI, 19) and the second hook (PRODI, 16) extend from an upper surface of the heat dissipation guide (KANG’s heat dissipation guide as modified by PRODI) toward the inner side of the control panel (KANG’s control panel as modified by PRODI) in a direction opposite to a side where the panel stopper (PRODI, 6) is provided.
Regarding Claim 15, KANG in view of PRODI discloses wherein the heat dissipation guide (KANG, 142) is hooked (as taught by the hooked mounting arrangement of PRODI; see hooks 16 and/or 19 of PRODI) to the control panel (KANG, 14 as modified by PRODI’s panel 1) at a position corresponding to a lower portion of the knob (KANG, 141; see Figs. 1-4).
Regarding Claim 16, KANG discloses a cooking apparatus including: a main body (see 10) including a cooking chamber (11); a door (13) provided to open and close the cooking chamber from a front of the main body; a control panel (14) disposed above the door; a heat dissipation guide (142) protruding downward of the control panel.
KANG does not disclose wherein said control panel (14) includes a cutout hole; wherein said heat dissipation guide (142) is hooked when inserted into the cutout hole of the control panel; a heat dissipation stopper extending upward from an upper surface of the heat dissipation guide to be inserted into the control panel; and a panel stopper extending from a lower surface of the control panel toward the cutout hole and provided in contact with the heat dissipation stopper to support one side of the heat dissipation stopper.
PRODI teaches a coupling and rapid fastening system comprising an item (17) mounted to a household appliance panel (1) wherein said panel comprises: a cutout hole (15); wherein said item (17) is hooked when inserted into the cutout hole of the panel; a stopper (16) extending upward from an upper surface of the item to be inserted into the panel (1); and an item stopper (6) extending from a lower surface of the panel (1) toward the cutout hole (15) and provided in contact with the stopper (16) to support one side of the stopper (see 16c).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein said control panel (14) includes a cutout hole; wherein said heat dissipation guide (142) is hooked when inserted into the cutout hole of the control panel; a heat dissipation stopper extending upward from an upper surface of the heat dissipation guide to be inserted into the control panel; and a panel stopper extending from a lower surface of the control panel toward the cutout hole and provided in contact with the heat dissipation stopper to support one side of the heat dissipation stopper as taught and/or suggested by PRODI, since PRODI states that “according to the invention, both the application and the removal of the panel result to be extremely easier and in practice require a single operation which minimizes the time necessary to application or, respectively, removal of the panel, so that it can be defined as a quick-acting clamping and loosening device.”; therefore, such a modification would provide an easy & quick-acting means of mounting and/or detaching said heat dissipation guide to said control panel which only requires a single operation thus minimizing the time needed to install or remove said heat dissipation guide. In addition, modifying KANG in view of PRODI wherein said heat dissipation guide is detachably mounted as taught and/or suggested by PRODI would provide a means to easily replace, repair, upgrade or perform maintenance on said dissipation guide.
Regarding Claim 17, KANG further discloses the claimed limitations as discussed in Claims 13 and 14 above with reference to annotated Fig. 4 above. In the interest of brevity the limitations will not be repeated here.
Regarding Claim 18, KANG in view of PRODI does not disclose wherein: the control panel includes a steel material, and the heat dissipation guide includes a resin material.
Nonetheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein: the control panel includes a steel material, and the heat dissipation guide includes a resin material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In the present case, control panels made of a steel material are old and well known in the art and thermoplastics, which are a resin material, would be a suitable material for said heat dissipation guide.
Regarding Claims 19 and 20, KANG discloses a cooking apparatus including: a main body (see 10) including a cooking chamber (11); a door (13) mounted on the front of the main body to open and close the cooking chamber; a knob (141) provided to be operable from outside the cooking apparatus, a control panel (14) disposed above the door such that the knob (141) is mount thereon.
KANG does not disclose wherein said control panel (14) includes a cutout portion on a lower surface thereof; said heat dissipation guide (142) including a hook extending from an upper surface thereof to be caught on the control panel by being inserted into an inner side of the control panel through the cutout portion, and a heat dissipation stopper protruding from the upper surface such that one side thereof is pressed by the control panel; wherein the control panel includes a panel stopper provided inside the cutout portion to extend toward the heat dissipation stopper so as to be in contact with the heat dissipation stopper.
PRODI teaches a coupling and rapid fastening system wherein a panel (1) includes a cutout portion (5, 15) on a lower surface thereof; an item (17) coupled or mounted to said panel including a hook (19) extending from an upper surface thereof to be caught on the panel by being inserted into an inner side of the panel (1) through the cutout portion (5, 15), and a stopper (16) protruding from the upper surface such that one side thereof (see 16c) is pressed by the panel (see 6); wherein the panel includes an item stopper (6) provided inside the cutout portion (15) to extend toward the stopper (16) so as to be in contact with the stopper (item stopper 6 makes contact with stopper 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KANG wherein said control panel (14) includes a cutout portion on a lower surface thereof; said heat dissipation guide (142) including a hook extending from an upper surface thereof to be caught on the control panel by being inserted into an inner side of the control panel through the cutout portion, and a heat dissipation stopper protruding from the upper surface such that one side thereof is pressed by the control panel; wherein the control panel includes a panel stopper provided inside the cutout portion to extend toward the heat dissipation stopper so as to be in contact with the heat dissipation stopper as taught and/or suggested by PRODI, since PRODI states that “according to the invention, both the application and the removal of the panel result to be extremely easier and in practice require a single operation which minimizes the time necessary to application or, respectively, removal of the panel, so that it can be defined as a quick-acting clamping and loosening device.”; therefore, such a modification would provide an easy & quick-acting means of mounting and/or detaching said heat dissipation guide to said control panel which only requires a single operation thus minimizing the time needed to install or remove said heat dissipation guide. In addition, modifying KANG in view of PRODI wherein said heat dissipation guide is detachably mounted as taught and/or suggested by PRODI would provide a means to easily replace, repair, upgrade or perform maintenance on said dissipation guide.
Allowable Subject Matter
Claims 6-9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799