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 Status
Claims 1-25 are pending:
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/28/2023, 07/01/2024 is/are being considered by the examiner.
IDS dated 11/28/2023
FOR9 not provided and therefore not considered.
Specification
The disclosure is objected to because of the following informalities:
Define acronyms the first time they are used
Examples: EPDM, PPS
Appropriate correction is required.
Drawings
The drawings are objected to because
Fig3
Reference character 28 is referenced to being in Fig3 multiple times, however the reference character 28 is missing from Fig3
Reference character 41, per at least Para35, not in drawings
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.
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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 8, “wherein said curvature of said heating element corresponds to between 5 % and 20 % of said width of said heating element, and wherein said curvature has uniform rounding and said heating element is a casing section of 5 % to 20 % of an entire tube” the closest support comes from: Fig3 which shows the curvature over the full width; and Fig2 and Para34, however that indicates that the heating element “extends not only over almost the entire width but also over the entire height of the steam generator 21”.
Claim 20, “said holding part is insertable into said connection housing and detachably fastenable therein by means of an engagement device”, Para42 explicitly indicates that cited limitation is not shown
Claim 21, “wherein said housing upper part has ventilation openings for ventilating or cooling said heating element”, Para19 handwaves a “as is known per se” instead of showing the subject matter
Claim 22, “a knitted fabric made of thin material is arranged in said heating chamber, at least in one area near to said steam outlet”
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 Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
“said holding part is insertable into said connection housing and detachably fastenable therein by means of an engagement device” in claim 20
Corresponding structure
None shown / disclosed, Para42 explicitly indicates that “holding parts 56a and 56b are held in connection housing 51 by an engagement device not shown in detail, from which a manually operable engaging arm 58 protrudes upwards”.
Or equivalent
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“electrical connection device” in claim 1
Corresponding structure
Plug 18, cable 19, housing 51, connection lugs 53, and/or contact arm 54, as informed by Fig1/3/5
Or equivalents
“holding part” in claim 19
Corresponding structure
Surounding structure that hold/defines the body around plug lug/sockets, as inform by Para45 and Fig5
Or equivalents
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“by means of a snap connection or a clip connection” in claim 16.
“by means of contact arm” in claim 18
“by means of steam” in claim 23
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Objections
Claims are objected to because of the following informalities:
Claim all
Please confirm the usage of commas, they invoke multiple instances of potential confusion. The office assumes that the issue is based on the translation.
Claim 1
L4 correct spacing near comma and “and” typo
L13-14, recitation is quite unwieldy – reword to more clearly indicate arrangement
Claim 5
L1 amend “said electrical contacting” to “said electrical connection device” to improve clarity by using more proper/consistent antecedent basis terms
Claim 9
L6 amend/reword “it” to directly recite the corresponding structure to greatly improve clarity
Claim 23
L3 amend “[[a]]the device for steam generation according to claim 1” to improve clarity and to conform to US standard practice
L4 amend comma to “and” to improve clarity
Claim 24
L2 amend/reword “its” to directly recite the corresponding structure to greatly improve clarity
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20
Limitation “said holding part is insertable into said connection housing and detachably fastenable therein by means of an engagement device” fails to comply with the written description requirement, as cited limitation was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the cited limitation, as Specification Para42 explicitly indicates that “holding parts 56a and 56b are held in connection housing 51 by an engagement device not shown in detail, from which a manually operable engaging arm 58 protrudes upwards”, which means that the specification fails to describe the corresponding features of the cited limitation to tie a structure to the cited function.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10, 20, 23-25 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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 10
L2 limitation “said short flat sides” lacks antecedent basis which renders the claim indefinite as the claim contains no earlier recitation or limitation of the cited limitation and where it would be unclear as to what element the limitation was making reference. See MPEP 2173.05(e).
Claim 20
See discussion below regarding indefinite due to invocation of 112f interpretation without proper written description.
Claim 23
L1 limitation “such as a steam baking oven or steam cooker” renders the claim indefinite, as the metes and bounds of the claim are unknown, as it is unknown if the corresponding recitations are or are not required by the claim language.
Claims dependent on a rejected claim are rejected based on dependency
112f invoked issue:
Claim 20 limitation “said holding part is insertable into said connection housing and detachably fastenable therein by means of an engagement device” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Claim 20
Limitation “said holding part is insertable into said connection housing and detachably fastenable therein by means of an engagement device” fails to comply with the written description requirement, as cited limitation was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the cited limitation, as Specification Para42 explicitly indicates that “holding parts 56a and 56b are held in connection housing 51 by an engagement device not shown in detail, from which a manually operable engaging arm 58 protrudes upwards”, which means that the specification fails to describe the corresponding features of the cited limitation to tie a structure to the cited function.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 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) 1-3, 6, 9-16, 21, 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagner (DE 10 2014 210 669)
Claim 1
Wagner discloses:
“A steam generation device (best seen Fig1/3, evaporator 1), having:
a device housing (housing of evaporator 1 including lid 13 and bottom 2),
a heating chamber (water receiving space R with in lid 13) for water (best seen Fig3, volume of water V to height L1), said heating chamber having
a water inlet (inlet 5/11) for connection to a water supply (Fig2, water connection 20 via pump 21), and
a steam outlet (steam outlet 18),
a heating element (surface heater 9) on said heating chamber for heating up and evaporating water therein (heater 9 liquid-facing front 9a; SpecQuote1, heated zone B1), wherein said heating element has a heating element carrier (carrier plate 28) and heating conductors (thick film conductors 29) arranged on said heating element carrier (best seen Fig3, conductors 29 on non-liquid side of carrier 28 of heater 9),
wherein:
said heating chamber (space R) and said heating element (heater 9) are arranged in said device housing (Fig1/3, space R and heater 9 are arranged within evaporator 1 lib 13),
said heating element (heater 9) forms a wall of said heating chamber (heater 9 forms the bottom wall of space R) and is connected in sealing manner (seal 12/12a/12b) to other walls of said heating chamber (best seen Fig4, heater 9 sealed against lid 13 and bottom 2 via seals 12),
said heating element carrier consists of metal (SpecQuote2, carrier 28 is steel),
said heating chamber (space R) is in one extension direction longer than it is wide and deep (see annotated Fig1 below. The Longer axis is longer than the Wide and Deep axes/directions) in both extension directions vertical thereto (coordinate directions are based a vertical direction thereto due to the standing volume of water V in Fig3),
an electrical connection device (electrical connection 10) for said steam generation device is provided laterally on said device housing on an elongated side of said heating chamber (best seen Fig1/3, electrical connection 10 is provided on the short “left” side of Fig1 extending through opening 6 of bottom 2).”
SpecQuote:
1) “The surface heating 9 optionally has at least one heated or heated portion or at least one heated zone B1 and at least one unheated portion or at least one unheated zone B2. While, for example, at least one heating conductor (eg meander-shaped) is laid on the heated zone B1, it is missing at the unheated zone B2. A temperature of the heated zone B1 is in the on state above a predetermined temperature T, while a temperature of the unheated zone B2 in the on state is below the predetermined temperature T. In particular, the water may thereby be agitated strongly at the heated zone B1, possibly even boiling, while the water or its free surface at the unheated zone B2 remains comparatively calm. The unheated zone B2 takes here at least one corner of the surface heating 9 one.”
2) “The carrier plate 28 For example, may be a sheet steel part whose front 9a exemplified bare or scaled.”
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Claim 2
Wagner discloses: “The device according to claim 1, wherein said heating element (heater 9) is designed as a thick-film heating element with thick-film heating conductors (thick film conductors 29).”
Claim 3
Wagner discloses: “The device according to claim 1, wherein said connection device is designed as a plug connection device with plug connection lugs or plug connection sockets (best seen Fig1/3, electrical connection 10) connected to said heating element electrically or structurally or mechanically (SpecQuote, Fig1/3, electrical connection is electrically, structurally, and mechanically connected to heater 9).”
SpecQuote: “The surface heating 9 has an electrical connection on its rear side 10 on, which through the passage opening 6 protrudes.”
Claim 6
Wagner discloses: “The device according to claim 1, wherein said heating chamber and said device housing are flat (Fig1/3, housing of lid 13 and bottom 2 of space R are shown flat) and said electrical connection device protrudes from a narrow side of said device housing (best seen Fig1/3, electrical connection 10 is provided on the short “left” side of Fig1 extending through opening 6 of bottom 2).”
Claim 10
Wagner discloses: “The device according to claim 6, wherein said heating chamber is flat (space R is arranged flat) and said water inlet (inlet 11) and said steam outlet discharge (steam outlet 18) into said heating chamber at said short flat sides (best seen Fig1, inlet 11 and outlet 18 are arranged at corners of the short flat sides).”
Claim 9
Wagner discloses: “The device according to claim 1, wherein said device housing has an elongated trough for said heating chamber (housing of evaporator 1 with lid 13 is elongated trough to form space R), wherein said water inlet and said steam outlet discharge into said elongated trough (inlet 11 and outlet 18 fluidly pass through space R), wherein said trough has lateral trough walls (best seen Fig1, lateral sidewalls 17 of lid 13 and lateral rim 4 of bottom 2), wherein on said lateral trough walls an all-round trough rim is provided (best seen Fig4, rim of sidewalls 17 of lid 13 near lug 14 with rim 4 of bottom), wherein said heating element (heater 9) is in sealing contact (seals 12/12a/12b) with said trough rim such that said trough and said heating element form said heating chamber (lid 13 and heater 9 form space R) and completely enclose it (best seen Fig4, heater 9 sealed against lid 13 and bottom 2 via seals 12).”
Claim 11
Wagner discloses: “The device according to claim 9, wherein a groove with a seal inserted therein extends around said trough rim (best seen Fig4, groove of lid 13 in which seals 12 are inserted), wherein said heating element is in all-round contact with said seal (best seen Fig1/4, seals 12 contact full perimeter of heater 9).”
Claim 12
Wagner discloses: “The device according to claim 11, wherein said device housing has a housing upper part (lid 13) being fastened (snap tabs 7 with lugs 14) to said trough (lid 13 is a part of the trough), said trough forming a housing lower part (bottom 2), such that said housing upper part presses said heating element against said trough or against said seal (best seen Fig1/3/4, lid 13, seals 12, heater 9, and bottom 2 all mutually press to form seals and trough).”
Claim 13
Wagner discloses: “The device according to claim 11, wherein said housing upper part has an all-round pressure rib (best seen Fig1/4, vertical flange of sidewalls 17 of lid 13), said pressure rib being opposite said trough rim (best seen Fig4, vertical flange of lid 13 is opposite rim 4 of bottom 2) or extending outside said trough rim (best seen Fig4, vertical flange of lid 13 extends outward to the left of rim 4 of bottom 2) over said seal (Fig4, lid 13 flange and bottom 2 rim 4 extend over seals 12).”
Claim 14
Wagner discloses: “The device according to claim 13, wherein said pressure rib extends all the way around (the cross-section shown in Fig4 extends fully around the perimeter as shown in exploded view Fig1) and presses said heating element all the way around against said trough rim extending all the way around or against said seal (best seen Fig1/3/4, lid 13, seals 12, heater 9, and bottom 2 all mutually press to form seals and trough along full perimeter).”
Claim 15
Wagner discloses: “The device according to claim 9, wherein said trough or a housing upper part (overall housing, lid 13) has at one side, outside said all-round trough rim, supporting projections (Fig1/3/4, lugs 14 are projections outside rim), wherein said heating element (heater 9) is with said supporting projections in contact with a lateral rim for fixing a position of said heating element in said device and on said trough (best seen Fig1/3/4, lid 13, seals 12, heater 9, and bottom 2 all mutually press to form seals and trough along full perimeter due to clamping force between lugs 14 and snap tabs 7).”
Claim 16
Wagner discloses: “The device according to claim 9, wherein a housing upper part is detachably fastened to said trough by means of a snap connection or a clip connection (Fig1/3/4, lugs 14 and snap tabs 7), wherein a fastening is provided running all round said heating chamber (best seen Fig1, lugs 14 and snap tabs 7 located along full perimeter).”
Claim 21
Wagner discloses: “The device according to claim 16, wherein said housing upper part extends at a short distance over said heating element (Fig1/3, lid 13 extends at a short height over heater 9), wherein said housing upper part has ventilation openings (steam outlet 18) for ventilating or cooling said heating element (functional limitation. steam outlet 18 ventilates space R which cools space R which is in thermal contact with heater 9).”
The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above.
Claim 23
Wagner discloses:
“A water-bearing domestic appliance (best seen Fig1/3, evaporator 1) such as a steam baking oven or steam cooker (not required recitation. Fig2, steam cooker H), having
an appliance housing (Fig2, housing of cooker H shown schematically) and
a treatment chamber (Fig2, food treatment room S) for preparing cooked food by means of steam (SpecQuote),
wherein a device for steam generation according to claim 1 (see claim 1) is arranged outside said treatment chamber (Fig1/2, rearward strap 8 mounts evaporator 1 to cooker H outside room S, see dashed flow arrow of steam to room S), inside said appliance housing (Fig2, evaporator is schematically shown within housing of cooker H).”
SpecQuote: “The exemplified neck-like steam outlet 18 like For example, be connected to a hose for guiding the steam generated by the evaporator in the food treatment room S of the household Dampfgargeräts H.”
Claim 24
Wagner discloses: “The water-bearing domestic appliance according to claim 23, wherein said device for steam generation (evaporator 1) is arranged upright in its longitudinal extension direction (evaporator is upright when operated and has an longitudinal extension direction).”
Claim 25
Wagner discloses: “The water-bearing domestic appliance according to claim 24, wherein said device for steam generation is flat (best seen Fig1, evaporator 1 has a flat/boxy arrangement) and arranged with a flat side facing said treatment chamber (Fig2, evaporator 1 and treatment room S are both shown schematically within cooker H, as evaporator 1 is boxy in shape – any orientation of evaporator 1 relative to room S would result in a flat side facing room S).”
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.
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.
Claim(s) 4, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Albert (US 2021/0059460).
Claim 4
Wagner discloses the arrangement of claim 3.
Wagner is silent to electrical connection protruding laterally from the housing.
Albert teaches (Fig2-4; Para36) that it is known in the art to arrange the electrical connection 31 with a connector plug arrangement to protrude laterally from the housing cover part 45 of an evaporator 20 of a steam cooker 11, and that such a location/arrangement is advantageous.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to modify the electrical connection of Wagner to protrude laterally from the housing, as Albert teaches that such a location/arrangement of the electrical connection of an evaporator is a known in the art selection and that such a selection is advantageous, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Wagner with a working, known and advantageous arrangement of the electrical connection protruding laterally from the evaporator housing as taught by Albert.
Claim 17
Wagner discloses the arrangement of claim 1.
Wagner is silent to the electrical connection housing being a part of the upper housing.
Albert teaches: “wherein said electrical connection device (Fig2-4, electrical connection 31) is designed with a connection housing (Fig2-4, electrical housing of electrical connection 31) on a housing upper part (Fig2-4, outer side 28 of cover part 45 is upper housing part relative to base 33) of said device housing (Fig2-4, cover 45 of evaporator 20), wherein said connection housing is shaped onto said device housing in one piece (Fig2-4, Para36, housing of electrical connection 31 is fastened cover 45, thus is integral in the assembled state).” Albert further teaches (Para36) that such a location/arrangement of the electrical connection is advantageous.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to modify the electrical connection housing to extend from and be a part of the upper housing of Wagner, as Albert teaches that such a location/arrangement of the electrical connection of an evaporator is a known in the art selection and that such a selection is advantageous, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Wagner with a working, known and advantageous arrangement of the electrical connection housing with the evaporator housing as taught by Albert.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Okamato (JP 2009-024970).
Claim 5
Wagner discloses: “The device according to claim 1, wherein said electrical contacting has contact fields connected to said heating conductors (Fig3, electrical connection generically / schematically shown between heater 9 and electrical connection 10), …”
Wagner is silent the particular internal electrical between the heater and the input electrical connection.
Okamoto teaches (SpecQuote) that it is known in the art of to form an electrical connection between a housing component and an internal movable during assembly component by using leaf springs to electrically contact metal contacts embedded on the internal component.
SpecQuote: “In this case, the three metal contacts are embedded through the side wall of the water supply tank 30 so that the metal contacts and the water in the water supply tank 30 can be electrically connected. Therefore, when the tip of the leaf spring urges the metal contact embedded in the side surface of the water supply tank 30, the contact is turned on, and the contact is in electrical communication with the water in the water supply tank 30. It becomes. By comprising in this way, it is embedded in the side wall of the water supply tank 30, and the said contact located below the water surface of the water supply tank 30 among the above-mentioned three contacts is in the water supply tank 30. Conduction with water. Therefore, the three contact points are urged by the three leaf springs, and the conduction state between the three contact points and the water in the water supply tank 30 is detected to detect the conduction state. The water level can be measured.”
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to the prior art to select known electrical connections for the internal connection between the heater and the housing of the arrangement of Wagner, as one of ordinary skill in the art would have to make such a selection in order to practice the disclosure of the arrangement of Wagner, and Okamoto teaches that it is known in the art to use leaf spring electrical connections between a housing and an internal component to form an electrical communication between the two components, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Wagner with a working and known leaf spring electrical communication/connection between the heater and the input electrical connection in the housing, as Okamoto teaches that the application of leaf springs are a known and working electrical connection selection.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Block (US 7,941,884).
Claim 7
Wagner discloses the arrangement of claim 1.
Wagner is silent to the heater 9 being curved away from the heating target zone.
Block teaches (Fig1/2) that it is known in the art to form the heating unit 11 such that it is in an elongated and curved manner such that (Fig3/4) the open/inside of the curve faces a target 29. The resulting arrangement/location of the heater 11 is curved such that the curvature extends along an extension direction away from the target. Block further teaches (C2L10-24) that while the heater could be any required design, it “is advantageously rounded”.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the flat heater of Wagner to have a curvature along the length of the heater cresting away from the heating target / space R of Wagner, as Block teaches that a rounded heater is advantageous relative to other possible heater shapes, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Wagner with a known and working curved heater shape cresting away from space R as taught by Block.
Claim 8
The modified arrangement of Wagner by the teachings of Block discloses: “The device according to claim 7, wherein said curvature of said heating element corresponds to between 5 % and 20 % of said width of said heating element (limitation is within the scope of the modification discussed in claim 7. Heater 9 of Wagner modified to have curvature over full width which includes the 5-20% range claimed – to at least the same degree as applicant has support for the instant limitation.), and wherein said curvature has uniform rounding and said heating element is a casing section of 5 % to 20 % of an entire tube (limitation is within the scope of the modification discussed in claim 7. Heater 9 of Wagner modified to have curvature over full length which includes the 5-20% range claimed – to at least the same degree as applicant has support for the instant limitation.).”
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Albert (US 2021/0059460), and in further view of Okamato (JP 2009-024970).
Claim 18
The modified arrangement of Wagner by the teachings of Albert as applied in Claim 17 discloses: “The device according to claim 17, wherein said connection housing (Wagner: electrical connection 10; Albert: electrical connection 31) is open towards at least one side (Albert: Fig2-4;Wagner: best seen Fig1/3), wherein plug units are insertable into said connection housing from said side and are detachably fastenable therein (functional limitation. Plugs are capable of being inserted and detached with electrical connection. Albert; Para36, connector plug 31. The office notes that actual plugs are not required by the BRI of the claim scope), …”
The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above.
The modified arrangement of Wagner by the teachings of Albert is silent to the particular internal electrical between the heater and the input electrical connection.
Okamoto teaches (SpecQuote) that it is known in the art of to form an electrical connection between a housing component and an internal movable during assembly component by using leaf springs to electrically contact metal contacts embedded on the internal component.
SpecQuote: “In this case, the three metal contacts are embedded through the side wall of the water supply tank 30 so that the metal contacts and the water in the water supply tank 30 can be electrically connected. Therefore, when the tip of the leaf spring urges the metal contact embedded in the side surface of the water supply tank 30, the contact is turned on, and the contact is in electrical communication with the water in the water supply tank 30. It becomes. By comprising in this way, it is embedded in the side wall of the water supply tank 30, and the said contact located below the water surface of the water supply tank 30 among the above-mentioned three contacts is in the water supply tank 30. Conduction with water. Therefore, the three contact points are urged by the three leaf springs, and the conduction state between the three contact points and the water in the water supply tank 30 is detected to detect the conduction state. The water level can be measured.”
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to the prior art to select known electrical connections for the internal connection between the heater and the housing of the modified arrangement of Wagner by the teachings of Albert, as one of ordinary skill in the art would have to make such a selection in order to practice the disclosure of the modified arrangement of Wagner by the teachings of Albert, and Okamoto teaches that it is known in the art to use leaf spring electrical connections between a housing and an internal component to form an electrical communication between the two components, and the resulting arrangement has the reasonable expectation of successfully providing the modified arrangement of Wagner by the teachings of Albert with a working and known leaf spring electrical communication/connection between the heater and the input electrical connection in the housing, as Okamoto teaches that the application of leaf springs are a known and working electrical connection selection.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Albert (US 2021/0059460), Okamato (JP 2009-024970).
Claim 19
The modified arrangement of Wagner by the teachings of Albert and Okamoto as applied in Claim 18 discloses: “The device according to claim 18, wherein said plug units (not a required component – merely a continuation of the functional limitation of Claim 18; Albert; Para36, connector plug 31) have plug connection lugs or plug connection sockets being held in a holding part (functional limitation. Body of electrical connection would be the holding part; Albert; Para36, connector plug 31) consisting of …, wherein said contact arms protrude in an insertion direction (Albert: Fig4, plugs insert right to left and the heater is just to the left of electrical connection 31).”
The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above.
Wagner discloses that housing parts 13/2 are each formed of plastic and Albert discloses that the cover part 45 to which the electrical connection in integral is formed of plastic.
The modified arrangement of Wagner by the teachings of Albert and Okamoto are silent to the selection of plastic or any particular material as the material for the body of the electrical connection.
It is well known to select plastic for electrical housings and covers in order to provide electrical insulation protection for users.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select a material for the electrical housing body of the modified arrangement of Wagner by the teachings of Albert and Okamoto, as one of ordinary skill in the art would have to make such a material selection, and it is well known to select plastic for electrical housings and covers in order to provide electrical insulation protection for users, and the resulting arrangement has the reasonable expectation of successfully providing the modified arrangement of Wagner by the teachings of Albert and Okamoto with a working and well known material selection of plastic for the body of the electrical connections.
Claim 20
The modified arrangement of Wagner by the teachings of Albert and Okamoto as applied in Claim 19 discloses: “The device according to claim 19, wherein said holding part is insertable into said connection housing (Wagner: best seen Fig1/3, body of electrical connection 10 is inserted into opening 6 of bottom 2) and detachably fastenable therein by means of an engagement device (Wagner: best seen Fig1/3, body of electrical connection 10 fastened to bottom 2 via engagement of lugs 14 and snap clips 7, which are detachable).”
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (DE 10 2014 210 669) in view of Huijsing (US 2022/0205645).
Claim 22
Wagner discloses the arrangement of Claim 1.
Wagner is silent to the application of a fabric located near the steam outlet.
Huijsing teaches (Para15/16) that it is known to locate a fabric filter 116 in a fluid outlet 112/118 in order to improve efficiency of liquid/water separation to redirect the liquid and steam into their respective desired directions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of Wagner to add a fabric filter to the steam outlet, as Huijsing teaches that t is known to locate a fabric filter 116 in a fluid outlet 112/118 in order to improve efficiency of liquid/water separation to redirect the liquid and steam into their respective desired directions, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Wagner with improved gas/water separation through the steam outlet as taught by Huijsing, which would result in expelling less liquid water from the evaporator and thus converting more liquid water to steam during operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KR 20220023575 to Jeong: Fig1-4, very similar overall arrangement and housing clam-shell
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/JOHN S HUNTER, JR/Examiner, Art Unit 3761
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