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 .
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the common passage recited in claims 12 and 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Claim 11, line 8 recites “the heat source” (emphasis added) which lacks antecedent basis. Amendments to the claims are kindly requested for clarification.
Claims 12-17 are rejected by virtue of their dependencies from base claim 11.
Claim 18, line 8 recites “the heat source” (emphasis added) which lacks antecedent basis. Amendments to the claims are kindly requested for clarification.
Claims 19-20 are rejected by virtue of their dependency from base claim 18.
Claim Rejections - 35 USC § 103
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.
Claims 1-4, 6, 11-13, 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar).
Reference is made to the attached German to English machine translation of Pitcar ‘053.
Regarding claim 1, Zapata discloses a conveyor oven (Abstract) for cooking food, the conveyor oven comprising:
an oven chamber (Fig. 1, chamber 22) in which the food is cooked (Par. 0002);
a conveyor (Fig. 1, conveyor 16) moveable to convey the food within the oven chamber (Par. 0020);
a burner (Fig. 2, heating element 54) operable to heat air for convection cooking of the food moving within the oven chamber on the conveyor (Par. 0027, “The heating element 54 may heat the air by electrical resistance, combustion, or infrared heating, for example”),
and a fan (Fig. 2, blower 50) configured to draw heated air from the suction box (annotated Fig. A and Par. 0026, “The blowers 46, 50 within the housing 12 may force the heated air or gasses into the plenums 18, 24”. The structure identified in annotated Fig. A is a small compartment or box from which gases are sucked; therefore, first exhaust gas collector is a ‘suction box’) and exhaust the heated air into the oven chamber (Fig. 1, chamber 22) for convection cooking of the food moving through the oven chamber on the conveyor (Fig. 1, conveyor 16 and Par. 0026, “Heated air or gasses from the upper plenum 24 may be directed to impinge on the upper surface of the food while heated air or gasses from the lower plenum 18 may be directed to impinge on the lower surface of the food.”).
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Fig. A: Annotated copy of Fig. 2 from Zapata showing location of prior art elements labeled with applicant’s terminology.
However, Zapata does not disclose a burner assembly, the burner assembly including a heat source, a coiled air passage, and a suction box, the coiled air passage providing a circuitous heated air passage between the heat source and the suction box.
Pitcar discloses a cooking appliance (Par. 0001) similar to the present invention and Pitcar further discloses a burner assembly (Fig. 3, combustion chamber 4’, line 61, line 62, and first exhaust gas collector 66, exhaust gas distributor 60 and Par. 0035, burner) operable to heat fluid for cooking of food in an chamber (Par. 0005, which discloses heated fluid is used to cook food within a cooking chamber), the burner assembly including a heat source (Fig. 3, combustion in combustion chamber 4’), a coiled fluid passage (Fig. 3, line 61, which is comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage; therefore, line 61 is a ‘first coiled fluid passage’), and a suction box (Fig. 3, first exhaust gas collector 66, which is a small compartment or box through which exhaust gases are sucked; therefore, first exhaust gas collector is a ‘suction box’), the coiled fluid passage providing a circuitous heated fluid passage (Fig. 3, which shows lines 61, 62 have a winding course / are circuitous and Par. 0023, which discloses the fluid flowing through the heat exchanger device - of which lines 61, 62 are components - is used to heat the second fluid; therefore, the fluid running through lines 61, 62 must necessarily be heated) between the heat source and the suction box (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have suitably modified the conveyor oven of Zapata to include the burner assembly of Pitcar in order to improve heat transfer while also being cost-saving and space-saving (As suggested by Par. 0006 of Pitcar) and thereby balance increasing the energy efficiency of the conveyor oven while minimizing the size of the conveyor oven.
NOTE: It’s understood that the limitations “a first coiled air passage, a second coiled air passage separate from the first coiled air passage, and a suction box, each of the first and second coiled air passages providing a circuitous heated air passage between the heat source and the suction box” (emphasis added) are necessarily met by modified Zapata. To elaborate, Zapata teaches food is heated by air so modifying Zapata to include the burner assembly of Pitcar necessarily means the coiled fluid passages of Pitcar are coiled air passages in modified Zapata and that the heated fluid passage of Pitcar is a heated air passage in modified Zapata.
Regarding claim 2, Zapata, as modified above, discloses the conveyor oven of claim 1, wherein the heat source (Pitcar: Fig. 3, combustion in combustion chamber 4’) includes a burner box (Pitcar: Fig. 3, combustion chamber 4’, which comprises a small compartment or box with a burner per Par. 0035; therefore, combustion chamber 4’ is a ‘burner box’) having a gas burner mounted therein (Par. 0035, burner).
NOTE: To the extent the Applicant disagrees that Pitcar discloses a gas burner, then the Examiner takes the position that that this feature is well known in the art, as indicated by Col. 4, lines 32-34 of Bharara et al. (US 4739154 A) referenced in the conclusion. In this case, making the burner a gas burner would provide the predicable benefits of being able to heat the oven chamber faster and/or giving the user easier and/or more precise control of the oven chamber temperature in Zapata’s device.
Regarding claim 3, Zapata, as modified above, discloses the conveyor oven of claim 2, wherein the burner box (Pitcar: Fig. 3, combustion chamber 4’ and Par. 0035, as quoted and explained above) is coupled to the coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as explained in claim 1) via a coupler (Pitcar: Fig. 3, exhaust gas distributor 60, which couples the burner box to the lines 61, 62; therefore, exhaust gas distributor 60 is a ‘coupler’), wherein the coiled air passage is a first coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1), the conveyor oven (Abstract) further comprising a second coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 62, which is a second instance comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage, therefore, line 61 is a ‘second coiled fluid passage’. Examiner notes the ‘air’ aspect of this limitation is necessarily met by modified Zapata, as explained in claim 1), and wherein the coupler includes an inlet for receiving heated air from the burner box (Pitcar: Fig. 3, which shows exhaust gas distributor 60 is downstream of combustion chamber 4’ and Par. 0036, which discloses exhaust gas distributor 60 distributes fluid from combustion chamber 4’ into lines 61, 62. One of ordinary skill in the art would understand there must necessarily be an inlet in exhaust gas distributor 60 in order for fluid to pass from combustion chamber 4’ into line 61 as disclosed), a first outlet coupling the burner box to the first coiled air passage (Pitcar: Fig. 3, which shows exhaust gas distributor 60 is upstream of line 61 and Par. 0036, which discloses exhaust gas distributor 60 distributes fluid from combustion chamber 4’ into lines 61, 62. One of ordinary skill in the art would understand there must necessarily be an outlet in exhaust gas distributor 60 that couples combustion chamber 4’ to line 61 for fluid to flow as disclosed), and a second outlet coupling the burner box to the second coiled air passage (Pitcar: Fig. 3, which shows exhaust gas distributor 60 is upstream of line 62 and Par. 0036, which discloses exhaust gas distributor 60 distributes fluid from combustion chamber 4’ into lines 61, 62. One of ordinary skill in the art would understand there must necessarily be an outlet in exhaust gas distributor 60 that couples combustion chamber 4’ to line 62 for fluid to flow as disclosed.
Regarding claim 4, Zapata, as modified above, discloses the conveyor oven of claim 3, wherein each of the first coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1) and the second coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 62, as described in claim 1) includes an inlet at the coupler (Pitcar: Fig. 3, ends of line 61, 62 that mate with exhaust gas distributor 60. See Par. 0036 for additional information about the airflow) and an outlet at the suction box (annotated Fig. A, suction box and Pitcar: Fig. 3, ends of line 61, 62 that mate with first exhaust gas collector 66. See Par. 0036 for additional information about the airflow), wherein the first coiled air passage is coiled at least one full rotation between the inlet of the first coiled air passage and the outlet of the first coiled air passage (Pitcar: Fig. 3, which shows line 61 spans a full 360° rotation between its connection with exhaust gas distributor 60 and first exhaust gas collector 66), and wherein the second coiled air passage is coiled at least one full rotation between the inlet of the second coiled air passage and the outlet of the second coiled air passage (Pitcar: Fig. 3, which shows line 62 spans a full 360° rotation between its connection with exhaust gas distributor 60 and first exhaust gas collector 66).
Regarding claim 6, Zapata, as modified above, discloses the conveyor oven of claim 1, wherein the coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1) includes an inlet (Pitcar: Fig. 3, end of line 61 that mates with exhaust gas distributor 60. See Par. 0036 for additional information about the airflow) at the coupler (Pitcar: Fig. 3, exhaust gas distributor 60, as explained in claim 3) and an outlet at the suction box (annotated Fig. A, suction box and Pitcar: Fig. 3, end of line 61 that mates with first exhaust gas collector 66. See Par. 0036 for additional information about the airflow), wherein the first coiled air passage is coiled at least one full rotation between the inlet of the first coiled air passage and the outlet of the first coiled air passage (Fig. 3, which shows line 61 spans a full 360° rotation between its connection with exhaust gas distributor 60 and first exhaust gas collector 66).
Regarding claim 11, Zapata discloses a conveyor oven (Abstract) for cooking food, the conveyor oven comprising:
an oven chamber (Fig. 1, chamber 22) in which the food is cooked (Par. 0002);
a conveyor (Fig. 1, conveyor 16) moveable to convey the food within the oven chamber (Par. 0020);
a burner (Fig. 2, heating element 54) operable to heat air for convection cooking of the food moving within the oven chamber on the conveyor (Par. 0027, “The heating element 54 may heat the air by electrical resistance, combustion, or infrared heating, for example”); and
a first fan (Fig. 2, blower 50) and a second fan (Fig. 2, blower 46), each of the first and second fans configured to draw heated air from the suction box (annotated Fig. A and Par. 0026, “The blowers 46, 50 within the housing 12 may force the heated air or gasses into the plenums 18, 24”. The structure identified in annotated Fig. A is a small compartment or box from which gases are sucked; therefore, first exhaust gas collector is a ‘suction box’) and exhaust the heated air into the oven chamber (Fig. 1, chamber 22) for convection cooking of the food moving through the oven chamber on the conveyor (Fig. 1, conveyor 16),
wherein the first fan is configured (capable of) to deliver heated air to the oven chamber above the conveyor (Figs. 1 and 2, which show blower 46 is connected to upper plenum 24 and Par. 0025, “Separate motors 44, 48 may be independently controlled to differentiate airflow between the upper plenum 24 and the lower plenum 18. Independently controlled airflow allows a user to more precisely control the cooking process. For example, more air, at a higher temperature, may be directed to the through the lower plenum 18 to most effectively cook and crisp the crust of a pizza. During the same cooking process, less air, at a lower temperature, may be directed through the upper plenum 24 to properly heat pizza toppings and melt cheese on the pizza. If the same temperature air were directed to both upper and lower surfaces of the pizza, the crust could be undercooked or the cheese could be burned.” Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand blower 46 is capable of delivering heated air to the oven chamber above the conveyor in light of the above citations), and
wherein the second fan is configured to (capable of) deliver heated air to the oven chamber below the conveyor (Figs. 1 and 2, which show blower 50 is connected to lower plenum 18 and Par. 0025, as quoted above. Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand blower 50 is capable of delivering heated air to the oven chamber below the conveyor in light of the above citations).
However, Zapata does not disclose a burner assembly, the burner assembly including a gas burner mounted within a burner box, a first coiled air passage, a second coiled air passage separate from the first coiled air passage, and a suction box, each of the first and second coiled air passages providing a circuitous heated air passage between the heat source and the suction box.
Pitcar discloses a cooking appliance (Par. 0001) similar to the present invention and Pitcar further discloses a burner assembly (Fig. 3, combustion chamber 4’, line 61, line 62, and first exhaust gas collector 66, exhaust gas distributor 60 and Par. 0035, burner) operable to heat fluid for cooking of food in an chamber (Par. 0005, which discloses heated fluid is used to cook food within a cooking chamber), the burner assembly including a gas burner (Par. 0035, “The combustion chambers 4' , 5' are equipped with an inserted burner (not shown))” One of ordinary skill in the art would understand the burner must necessarily be gas to achieve the disclosed combustion and generate the disclosed exhaust gases) mounted within a burner box (Par. 0035, as quoted above, and Fig. 3, combustion chamber 4’, which comprises a small compartment or box with a burner; therefore, combustion chamber 4’ is a ‘burner box’), a first coiled fluid passage (Fig. 3, line 61, which is comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage; therefore, line 61 is a ‘first coiled fluid passage’), a second coiled fluid passage separate from the first coiled fluid passage (Fig. 3, line 62, which is a second instance comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage, therefore, line 61 is a ‘second coiled fluid passage’), and a suction box (Fig. 3, first exhaust gas collector 66, which is a small compartment or box through which exhaust gases are sucked; therefore, first exhaust gas collector is a ‘suction box’), each of the first and second coiled fluid passages providing a circuitous heated fluid passage (Fig. 3, which shows lines 61, 62 have a winding course / are circuitous and Par. 0023, which discloses the fluid flowing through the heat exchanger device - of which lines 61, 62 are components - is used to heat the second fluid; therefore, the fluid running through lines 61, 62 must necessarily be heated) between the heat source (Fig. 3, combustion in combustion chamber 4’) and the suction box (Fig. 3, first exhaust gas collector 66).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have suitably modified the conveyor oven of Zapata to include the burner assembly of Pitcar in order to improve heat transfer while also being cost-saving and space-saving (As suggested by Par. 0006 of Pitcar) and thereby balance increasing the energy efficiency of the conveyor oven while minimizing the size of the conveyor oven.
NOTE: It’s understood that the limitations “a first coiled air passage, a second coiled air passage separate from the first coiled air passage, and a suction box, each of the first and second coiled air passages providing a circuitous heated air passage between the heat source and the suction box” (emphasis added) are necessarily met by modified Zapata. To elaborate, Zapata teaches food is heated by air so modifying Zapata to include the burner assembly of Pitcar necessarily means the coiled fluid passages of Pitcar are coiled air passages in modified Zapata and that the heated fluid passage of Pitcar is a heated air passage in modified Zapata.
NOTE: To the extent the Applicant disagrees that Pitcar discloses a gas burner, then the Examiner takes the position that that this feature is well known in the art, as indicated by Col. 4, lines 32-34 of Bharara et al. (US 4739154 A) referenced in the conclusion. In this case, making the burner a gas burner would provide the predicable benefits of being able to heat the oven chamber faster and/or giving the user easier and/or more precise control of the oven chamber temperature in Zapata’s device.
Regarding claim 12, Zapata, as modified above, discloses the conveyor oven of claim 11, wherein the suction box (annotated Fig. A and Par. 0026, as explained in claim 11) mixes heated air (Par. 0002) from the first coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 11) with heated air from the second coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 62, as described in claim 11) in a common passage (annotated Fig. B, channel or passage within the suction box).
Regarding claim 13, Zapata, as modified above, discloses the conveyor oven of claim 12, wherein each of the first fan (Fig. 2, blower 50) and the second fan (Fig. 2, blower 46) draws heated air (Par. 0002) from the common passage (annotated Fig. B, channel or passage within the suction box).
Regarding claim 15, these limitations are recited in the same or substantially the same manner as in claim 4 above. Therefore, claim 15 is rejected in the same or substantially the same manner as applied to claim 4above. Note that the ‘first end’ limitation of claim 15 is considered to encompass the corresponding ‘coupler’ limitation of claim 4 and the ‘second end’ limitation of claim 15 is considered to encompass ‘the suction box’ limitation of claim 4.
Regarding claim 17, Zapata, as modified above, discloses the conveyor oven of claim 11, further comprising an air return (Fig. 3, space in between upper plenum 24 and lower plenum 18) configured to provide air (Par. 0002) from the oven chamber (Fig. 1, chamber 22) to an inlet of the first fan (Fig. 2, blower 50) and an inlet of the second fan (Fig. 2, blower 46 and Par. 0027, “Upon starting the oven 10, ambient air will be drawn through the entrance and exit of the oven 10 into the blowers 46, 50”), wherein the first (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 11) and second coiled air passages (Zapata: Par. 0002 and Pitcar: Fig. 3, line 62, as described in claim 11) function as heat exchangers (Pitcar: Par. 0025, “Fig. 3 a perspective view of a second heat exchanger device according to the invention”) and are configured to facilitate heat transfer (Pitcar: Par. 0005) with the air (Par. 0002) from the oven chamber (Fig. 1, chamber 22).
Regarding claim 18, Zapata discloses a conveyor oven (Abstract) for cooking food, the conveyor oven comprising:
an oven chamber (Fig. 1, chamber 22) in which the food is cooked (Par. 0002);
a conveyor (Fig. 1, conveyor 16) moveable to convey the food within the oven chamber (Par. 0020);
a burner (Fig. 2, heating element 54) operable to heat air for convection cooking of the food moving within the oven chamber on the conveyor (Par. 0027, “The heating element 54 may heat the air by electrical resistance, combustion, or infrared heating, for example”);
a fan (Fig. 2, blower 50) configured to draw heated air from the suction box (annotated Fig. A and Par. 0026, “The blowers 46, 50 within the housing 12 may force the heated air or gasses into the plenums 18, 24”. The structure identified in annotated Fig. A is a small compartment or box from which gases are sucked; therefore, first exhaust gas collector is a ‘suction box’) and exhaust the heated air into the oven chamber (Fig. 1, chamber 22) for convection cooking of the food moving through the oven chamber on the conveyor (Fig. 1, conveyor 16 and Par. 0026, “Heated air or gasses from the upper plenum 24 may be directed to impinge on the upper surface of the food while heated air or gasses from the lower plenum 18 may be directed to impinge on the lower surface of the food.”),
wherein a first airflow path is defined from the suction box, through the fan, and into the oven chamber (Fig. 2, heated air flow from heating element 54 through the suction box identified in annotated Fig. A, through blower 46 and into chamber 22 via upper plenum 24. See Pars. 0026-0027),
wherein a second heated airflow path is defined from the suction box, through the fan, and into the oven chamber (Fig. 2, heated air flow from heating element 54 through the suction box identified in annotated Fig. A, through blower 50 and into chamber 22 via lower plenum 18. See Pars. 0026-0027), and
wherein the first and second heated airflow paths intermix at the suction box (annotated Fig. 3).
However, Zapata does not disclose a burner assembly, the burner assembly including a gas burner mounted within a burner box, a first coiled air passage, a second coiled air passage separate from the first coiled air passage, and a suction box, each of the first and second coiled air passages providing a circuitous heated air passage between the heat source and the suction box;
wherein a first heated airflow path is defined from the burner box, through the first coiled air passage, through the suction box, through the fan, and into the oven chamber, and
wherein a second heated airflow path is defined from the burner box, through the second coiled air passage, through the suction box, through the fan, and into the oven chamber, and
wherein the first and second heated airflow paths converge and intermix at the suction box.
Pitcar discloses a cooking appliance (Par. 0001) similar to the present invention and Pitcar further discloses a burner assembly (Fig. 3, combustion chamber 4’, line 61, line 62, and first exhaust gas collector 66, exhaust gas distributor 60 and Par. 0035, burner) operable to heat fluid for cooking of food in a chamber (Par. 0005, which discloses heated fluid is used to cook food within a cooking chamber), the burner assembly including a gas burner (Par. 0035, “The combustion chambers 4' , 5' are equipped with an inserted burner (not shown))” One of ordinary skill in the art would understand the burner must necessarily be gas to achieve the disclosed combustion and generate the disclosed exhaust gases) mounted within a burner box (Par. 0035, as quoted above, and Fig. 3, combustion chamber 4’, which comprises a small compartment or box with a burner; therefore, combustion chamber 4’ is a ‘burner box’), a first coiled fluid passage (Fig. 3, line 61, which is comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage; therefore, line 61 is a ‘first coiled fluid passage’), a second coiled fluid passage separate from the first coiled fluid passage (Fig. 3, line 62, which is a second instance comprised of a series of loops / is coiled and is a channel through which fluid passes / is a fluid passage, therefore, line 61 is a ‘second coiled fluid passage’), and a suction box (Fig. 3, first exhaust gas collector 66, which is a small compartment or box through which exhaust gases are sucked; therefore, first exhaust gas collector is a ‘suction box’), each of the first and second coiled fluid passages providing a circuitous heated fluid passage (Fig. 3, which shows lines 61, 62 have a winding course / are circuitous and Par. 0023, which discloses the fluid flowing through the heat exchanger device - of which lines 61, 62 are components - is used to heat the second fluid; therefore, the fluid running through lines 61, 62 must necessarily be heated) between the heat source (Fig. 3, combustion in combustion chamber 4’) and the suction box (Fig. 3, first exhaust gas collector 66),
wherein a first heated fluid path is defined from the burner box, through the first coiled air passage, and into the suction box (Fig. 3, heated fluid flow from combustion chamber 4’ through line 61, as described above, and into first exhaust gas collector 66, as described above), and
wherein a second fluid airflow path is defined from the burner box, through the second coiled air passage, and into the suction box (Fig. 3, heated fluid flow from combustion chamber 4’ through line 62, as described above, and into first exhaust gas collector 66, as described above), and
wherein the first and second heated fluid paths converge and intermix at the suction box (Fig. 3 and Par. 0036, which discloses fluids from lines 61, 62 come back together in exhaust gas collector 66. One of ordinary skill in the art would understand this means the first heated fluid path that comprises line 61 and the second heated fluid path that comprises line 62 must necessarily converge and intermix at the first exhaust gas collector).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have suitably modified the conveyor oven of Zapata to include the burner assembly of Pitcar in order to improve heat transfer while also being cost-saving and space-saving (As suggested by Par. 0006 of Pitcar) and thereby balance increasing the energy efficiency of the conveyor oven while minimizing the size of the conveyor oven.
NOTE: It’s understood that the limitations “a first coiled air passage, a second coiled air passage separate from the first coiled air passage, and a suction box, each of the first and second coiled air passages providing a circuitous heated air passage between the heat source and the suction box…wherein a first heated airflow path is defined from the burner box, through the first coiled air passage, through the suction box, through the fan, and into the oven chamber, wherein a second heated airflow path is defined from the burner box, through the second coiled air passage, through the suction box, through the fan, and into the oven chamber, and wherein the first and second heated airflow paths converge and intermix at the suction box” (emphasis added) are necessarily met by modified Zapata. To elaborate, Zapata teaches food is heated by air so modifying Zapata to include the burner assembly of Pitcar necessarily means the coiled fluid passages of Pitcar are coiled air passages in modified Zapata, the heated fluid passage of Pitcar is a heated air passage in modified Zapata, and the heated fluid paths of Pitcar are heated airflow paths in modified Zapata.
NOTE: To the extent the Applicant disagrees that Pitcar discloses a gas burner, then the Examiner takes the position that that this feature is well known in the art, as indicated by Col. 4, lines 32-34 of Bharara et al. (US 4739154 A) referenced in the conclusion. In this case, making the burner a gas burner would provide the predicable benefits of being able to heat the oven chamber faster and/or giving the user easier and/or more precise control of the oven chamber temperature in Zapata’s device.
Regarding claim 19, Zapata, as modified above, discloses the conveyor oven of claim 18, the burner assembly (Pitcar: Fig. 3, combustion chamber 4’, line 61, line 62, and first exhaust gas collector 66, exhaust gas distributor 60 and Par. 0035, burner) further comprising a coupler (Pitcar: Fig. 3, exhaust gas distributor 60, which couples the burner box to the lines 61, 62; therefore, exhaust gas distributor 60 is a ‘coupler’) configured to couple the first coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as explained in claim 18) to the burner box (Pitcar: Fig. 3, combustion chamber 4’ and Par. 0035, as quoted and explained in claim 18) and configured to couple the second coiled air passage to the burner box (Zapata: Par. 0002 and Pitcar: Fig. 3, line 62, as explained in claim 18), wherein the coupler is common to both the first heated airflow path and the second heated airflow path (Pitcar: Fig. 3).
Regarding claim 20, Zapata, as modified above, discloses the conveyor oven of claim 18, wherein the fan is a first fan (Fig. 2, blower 50) configured to (capable of) deliver heated air (Par. 0002) to the oven chamber (Fig. 1, chamber 22) at a location above the conveyor (Fig. 1, conveyor 16 and Figs. 1 and 2, which show blower 46 is connected to upper plenum 24 and Par. 0025, “Separate motors 44, 48 may be independently controlled to differentiate airflow between the upper plenum 24 and the lower plenum 18. Independently controlled airflow allows a user to more precisely control the cooking process. For example, more air, at a higher temperature, may be directed to the through the lower plenum 18 to most effectively cook and crisp the crust of a pizza. During the same cooking process, less air, at a lower temperature, may be directed through the upper plenum 24 to properly heat pizza toppings and melt cheese on the pizza. If the same temperature air were directed to both upper and lower surfaces of the pizza, the crust could be undercooked or the cheese could be burned.” Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand blower 46 is capable of delivering heated air to the oven chamber above the conveyor in light of the above citations), the conveyor oven further comprising a second fan (Fig. 2, blower 46) configured to (capable of) deliver heated air from the suction box (annotated Fig. A and Par. 0026, as explained in claim 18) to the oven chamber at a location below the conveyor (Figs. 1 and 2, which show blower 50 is connected to lower plenum 18 and Par. 0025, as quoted above. Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand blower 50 is capable of delivering heated air to the oven chamber below the conveyor in light of the above citations), wherein each of the first (Picar: Fig. 3, heated fluid flow from combustion chamber 4’ through line 61, as described above, and into first exhaust gas collector 66, as described above) and second heated airflow paths (Picar: Fig. 3, heated fluid flow from combustion chamber 4’ through line 62, as described above, and into first exhaust gas collector 66, as described above) diverges at the suction box to pass through the first fan and the second fan (annotated Fig. B).
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar) and further in view of Comstock (US 1663115 A).
Regarding claim 5, Zapata, as modified above, discloses the conveyor oven of claim 4, wherein the second coiled air passage (Pitcar: Fig. 3, line 62, as explained in claim 3) is coiled in a counterclockwise direction, opposite a clockwise direction (Pitcar: Fig. 3, line 62 is coiled in a counterclockwise direction when viewed from exhaust gas distributor 60 to first exhaust gas collector 66, which is opposite a clockwise direction).
However, Zapata, as modified above, does not disclose the first coiled air passage is coiled in a clockwise direction.
Comstock discloses an oven (Pg. 1, lines 1-3) similar to the present invention and Comstock further discloses it is known to have a first coiled air passage (Fig. 5, instance of pipe 41’ furthest from valve 50, which is a coiled structure that is connected to an air inlet (per Pg. 2, lines 101-111) and has air passing through it / is a passage; therefore the aforementioned instance of pipe 41’ is a ‘second coiled air passage’. Note that pipe 41’ appears to be mislabeled as 41 in Fig 5) coiled in a clockwise direction (Fig. 5, arrows representing airflow in the instance of pipe 41’ furthest from valve 50 move in a clockwise direction) and a second coiled air passage (Fig. 5, instance of pipe 41’ closest to valve 50, which is a second instance of a coiled structure that is connected to an air inlet (per Pg. 2, lines 101-111) and has air passing through it / is a passage; therefore the aforementioned instance of pipe 41’ is a ‘second coiled air passage’) coiled in a counterclockwise direction, opposite the clockwise direction (Fig. 5, arrows representing airflow in the instance of pipe 41’ furthest closest to 50 move in a counterclockwise direction, which is opposite the clockwise direction).
It would have been an obvious matter of design choice to suitably modify the direction in which the first coiled air passages is coiled in view of Comstock, since it has been held that the configuration of the claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed coiled air passages was significant. MPEP 2144.04 VI-C. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation (i.e., clockwise, counterclockwise). One could have expected the first coiled air passages to perform substantially equally well, whether coiled in a counterclockwise direction or in its original position.
Regarding claim 16, these limitations are recited in the same or substantially the same manner as in claim 5 above. Therefore, claim 16 is rejected in the same or substantially the same manner as applied to claim 5 above.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar) and further in view of Jones et al. (US 20050109216 A1, hereafter Jones).
Regarding claim 7, Zapata, as modified above, discloses the conveyor oven of claim 6, wherein the coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1) coils about a central axis (Pitcar: Fig. 3, z axis located at center of combustion chamber 4’. It’s noted the x axis is perpendicular to the page).
However, Zapata, as modified above, does not disclose the central axis is parallel to the direction in which the food on the conveyor moves within the oven chamber.
Jones discloses a cooking device with a conveyor assembly (Par. 0014) similar to the present invention and Jones further discloses it is known for a coiled air passage (Fig. 4, supply duct section 130 which has a loop / is coiled and is a channel through which air passes / is an air passage; therefore, supply duct section 130 is a ‘first coiled air passage’) to coil about a central axis (annotated Fig. B), wherein the central axis is parallel to the direction in which food on a conveyor (Fig. 4, conveyor belt loop 136) moves within a oven chamber (Figs 1-2, chamber within cooking device 11 that contains the conveyor assembly 13 and electrical heater 19B, which is used to provide heat for cooking food).
It would have been an obvious matter of design choice to have modified the coiled air passage of Zapata, as modified above, in view of the same of Jones, since it has been held that the configuration of the claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the central axis as claimed was significant. MPEP 2144.04 VI-C. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation (i.e. central axis parallel, central axis perpendicular). One could have expected the coiled air passage to perform substantially equally well, whether perpendicular to the direction in which food on the conveyor moves within the oven chamber or in its original position.
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Fig. B: Annotated copy of Fig. 4 from Jones showing location of prior art elements labeled with applicant’s terminology.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar) and further in view of Yang et al. (CN 207662175 U, hereafter Yang).
Reference is made to the attached Chinese to English machine translation of Yang ‘175.
Regarding claim 8, Zapata, as modified above, discloses the conveyor oven of claim 1, wherein the conveyor (Fig. 1, conveyor 16) is movable along a longitudinal axis (Fig. 1), wherein the suction box (annotated Fig. A and Par. 0026, as explained in claim 1) includes chamber (annotated Fig. A, enclosed space within suction box), an inlet coupled to the coiled air passage (Zapata Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1. Fig. 3 shows line 61 mates with first exhaust gas collector 66. One of ordinary skill in the art would understand this necessarily means there is an inlet in the first exhaust gas collector 66 that couples with line 61 in order to have the disclosed airflow. See Par. 0036 for additional information about the airflow), and an outlet (Pitcar: Fig. 3, which shows connecting line 67 mates with first exhaust gas collector 66. One of ordinary skill in the art would understand this necessarily means there is an outlet in the first exhaust gas collector 66 that couples with connecting line 67 in order to have the disclosed airflow. See Par. 0043 for additional information about the airflow).
However, Zapata, as modified above, does not disclose the suction box includes a first chamber, a second chamber coupled to the first chamber via an aperture, an inlet coupled to the coiled air passage, and an outlet positioned at an inlet of the fan, wherein the aperture is offset from the inlet of the suction box and the outlet of the suction box along the longitudinal axis.
Yang discloses an oven (Abstract) similar to the present invention and Yang further discloses it is known to have a suction box (Fig. 2, first baffle 1 and second baffle 2, which is a small compartment or box from which air is sucked; therefore, first and second baffles 1, 2 comprise a ‘suction box) with a first chamber (Fig. 2, lower air chamber 5), a second chamber coupled to the first chamber (Fig. 2, upper air chamber 4) via an aperture (Fig. 2, at least the aperture on the right side of partition 3), an inlet (Fig. 2, at least second air return port 22), and an outlet (Fig. 2, at least the right instance of hot air outlet 8, which is provided with guide plate 10) positioned at an inlet of a fan (Fig. 3, the inlet of second blower is at least positioned at the right instance of hot air outlet 8 given both are positioned at first baffle 1), wherein the aperture is offset from the inlet of the suction box and the outlet of the suction box along the longitudinal axis (Figs. 2-3, longitudinal axis extends along the length of first and second baffles 1, 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suction box of Zapata, as modified above, to include the first chamber, second chamber, aperture, and outlet positioned at an inlet of the fan of Yang in order to better guide air flow and thereby create more consistent temperatures with in the oven chamber (As suggested by the Abstract of Yang, “The advantages of the utility model are as follows: the oven fan system through clapboard divides the current upper and lower hot air chamber is sufficiently isolated to reduce the momentum loss, lift fan system efficiency, flow deflector for guiding air around the heater, the oven inner edge area provided with a streamline through upper and lower temperature substantially consistent”).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar) and further in view of Ploof et al. (US 20140099589 A1, hereafter Ploof).
Regarding claim 9, Zapata, as modified above, discloses the conveyor oven of claim 1, wherein the coiled air passage (Zapata: Par. 0002 and Pitcar: Fig. 3, line 61, as described in claim 1) is a heat exchanger (Pitcar: Par. 0025, “Fig. 3 a perspective view of a second heat exchanger device according to the invention”) configured to facilitate heat transfer (Pitcar: Par. 0005) with air (Par. 0002).
However, Zapata, as modified above, does not disclose the heat exchanger is within a heat exchange chamber at least partially housing the burner assembly.
Ploof discloses an oven (Abstract) similar to the present invention and Ploof further discloses it is known to have a heat exchanger (Fig. 1, heat exchanger 16) is within a heat exchange chamber (Fig. 1, heat exchange chamber 14) at least partially housing a burner assembly (Fig. 2, burner 24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conveyor oven of Zapata, as modified above, to include a heat exchange chamber as disclosed by Ploof in order to protect the heat exchangers from damage and/or better contain heat transfer from the heat exchangers and thereby increase reliability and/or energy efficiency.
Regarding claim 10, Zapata, as modified above, discloses the conveyor oven of claim 9, wherein the coiled air passage (Zapata in view of Pitcar: Fig. 3, line 61, as described in claim 1) is configured to facilitate heat transfer (Pitcar: Par. 0005) with air drawn (Par. 0002) from the oven chamber (Fig. 1, chamber 22 and Par. 0027, “The blowers 46, 50 may draw air from the oven chamber 22 as shown generally by arrow 58.”).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zapata et al (US 20030042244 A1, hereafter Zapata) in view of Pitcar et al (DE 102018122053 A1, hereafter Pitcar) and further in view of Estrella et al. (US 20140110391 A1, hereafter Estrella).
Regarding claim 14, these limitations are recited in the same or substantially the same manner as in claim 3 above, except for the further limitation that the coupler includes a diverter. Therefore, claim 14 is rejected in the same or substantially the same manner to as applied to claim 3 above, with a further rejection for the diverter.
Zapata, as modified above, does not disclose the coupler includes a diverter.
Estrella discloses a convection oven (Abstract) similar to the present invention and Estrella further discloses it is known for a coupler (Fig. 4-5, baffle 200, which couples air flowing in via inlet opening 202 with air exiting out via upper vents 212 and lower vents 214; therefore, exhaust gas distributor 60 is a ‘coupler’) to have a diverter (Figs. 4-5, left and right conduits 260, 270) positioned between first (Fig. 4, upper vents 212) and second outlets (Fig. 4, lower vents 214) to direct heated air from the inlet towards the first and second outlets (Figs 5-6, 10; Par. 0022, ”The left conduit 260 directs air from the fan 120 to the lower vents 214 and the right conduit 270 directs air from the fan 120 to the upper vents 212”; and Par. 0038, “The fan 120 draws air into the baffle 200 through the inlet opening 202 and pushes the air through the heating element 130, where the air increases in temperature”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coupler of Zapata, as modified above, to include the diverter as disclosed by Estrella in order to direct heated air to the outlets (As suggested by Par. 0022 of Estrella: “left conduit 260 directs air from the fan 120 to the lower vents 214 and the right conduit 270 directs air from the fan 120 to the upper vents 212”) and thereby produce an even distribution of cooking temperatures throughout the cooking temperature (As suggested by the Abstract of Estrella: “produce an even distribution of cooking temperatures throughout the cooking chamber”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bharara et al. (US 4739154 A) discloses a conveyor oven with a gas burner.
Dominique et al. (FR 2710401 A1) discloses a gas oven with a circular heat exchanger.
Berti (EP 1530006 A2) discloses a removable heat source, said source comprising an electrical energy supply or a gas energy supply.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH ANN LAUGHLIN whose telephone number is (703)756-5924. The examiner can normally be reached Monday through Friday 9:30am to 5:30pm ET.
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/E.A.L./Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762