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 Objections
Claims 13 is objected to because of the following informalities: Examiner recommend applicant to change “a hollow” to “an opening” in claim 13.
Appropriate correction is required.
Claim Interpretation
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.
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: “heating device” in claims 1 and 16; “camera receiving member” in claim 16.
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.
Claim Rejections - 35 USC § 102
(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 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (US 10794599).
Regarding claim 16, Jang teaches a cooking apparatus comprising:
a main body (10, fig 2) including:
a cooking chamber (an inner housing that forms cooking chamber 20), and
an electronic compartment (50, fig 2);
a heating device (21, fig 2) configured to heat the cooking chamber;
a camera (140, fig 10) “configured to capture an image of an inside of the cooking chamber” (camera inherently can capture images through the transparent member);
a housing (130, fig 5 or 14) including a camera receiving member (housing 130 itself is a camera receiving member) which forms a camera receiving space (space in 130) in which the camera is positioned;
an electronic compartment cooling fan (51, fig 3) configured to form a first air flow that passes about an outer surface (outside surface of 130) of the camera receiving member in a front and rear direction (left-right direction of fig 12 or 14) of the main body to cool the camera receiving member; and
a camera cooling fan configured to form a second air flow (from top to bottom shown in fig 13) that passes through the camera receiving portion and around the camera in a left and right (direction into the paper in fig 10. See fig 11, camera 140 is smaller than housing, therefore air has to pass around the camera in a left-right direction of cooking apparatus)) direction of the main body.
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.
Claims 1, 3-5, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 10794599) in view of Glaser (US 20180014382).
Regarding claim 1, Jang teaches a cooking apparatus comprising:
a main body (10, fig 2) comprising an inner case (an inner housing that forms cooking chamber 20) which forms a cooking chamber (Col 7 lines 16-17, “cooking compartment (20) provided in the main body (10)”);
a heating device (21, fig 2) configured to heat the cooking chamber;
a transparent member (170, fig 10) configured as at least a portion (see fig 10 and 16, transparent member 170 is embedded in an upper wall of inner housing) of an upper wall (upper wall of inner housing) of the inner case; and
a camera (140, fig 10) disposed above the transparent member, wherein the camera and the transparent member are configured so that: the camera “is operable to capture an image, through the transparent member” (camera inherently can capture images through the transparent member), of an inside of the cooking chamber, and has a viewing angle (shown in dash line in fig 15) along a left and right direction (direction of W as shown in fig 15) of the main body.
Jang fails to teach the viewing angle is 80 degrees or more.
Glaser teaches a viewing angle of a camera is 80 degrees or more ([0072] “wider-angle cameras may have a field of view with an angle greater than 40°, and some implementations may have field of views greater than 100°, 360° panoramic, 360° spherical”).
It would have been obvious to one of ordinary skill in the art to modify Jang as taught by Glaser by using a wide angle camera for the cooking apparatus in order to capture image of entire cooking chamber and allow users to monitor cooking status of plural food items at the same time.
Regarding claim 3, Jang in view of Glaser teaches a viewing angle (b) of the camera along a front and rear direction (horizontal direction shown in Jang fig 2) of the main body is 55 degrees or more (see rationale in claim 1).
Regarding claim 4, Jang in view of Glaser teaches one or more hangers (Jang col 7 line 64, “a plurality of supports…provided on both side walls inside the cooking compartment”) formed in the cooking chamber; and a shelf (Jang col 7 lines 66-67, “a rack (not shown) may be mounted on the supports so that the object to be cooked may be placed thereon”) that is mountable to at least one hanger among the one or more hangers.
Regarding claim 5, Jang in view of Glaser teaches the shelf includes a shelf member (a rack) configured to support food to be cooked, and in response to the shelf being mounted to a highest hanger among the one or more hangers, the camera is configured to capture an image of an entire area of the shelf member (Glaser [0072] teaches that camera can have a field of view with 360 degree spherical or 360° panoramic, and such camera can capture an image of entire area of the shelf member).
Regarding claim 7, Jang in view of Glaser teaches a camera cooling fan (Jang 120, fig 5) configured to cool the camera; and a housing (Jang 130, fig 5) including a camera receiving space (space inside 130) in which the camera is positioned.
Regarding claim 8, Jang in view of Glaser teaches the housing includes: an inlet (an upper opening of Jang 130) through which air flows into the housing, and an outlet (a lower opening of Jang 130) through which air flows out of the housing, and the inlet and the outlet are formed at a higher position than the camera positioned in the camera receiving space (see Jang fig 10, camera extends through the lower opening of 130).
Regarding claim 9, Jang in view of Glaser teaches the housing includes a lower opening (a lower opening of Jang 130) formed in a lower portion (bottom portion) of the camera receiving space.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 10794599) in view of Glaser (US 20180014382).
Regarding claim 18, Jang teaches a cooking apparatus comprising:
a main body (10, fig 2) including:
an inner case (an inner housing that forms cooking chamber 20) which forms a cooking chamber (Col 7 lines 16-17, “cooking compartment (20) provided in the main body (10)”), and
an electronic compartment (50, fig 2) formed outside the inner case;
one or more hangers (col 7 line 64, “a plurality of supports…provided on both side walls inside the cooking compartment”) formed in the cooking chamber;
a shelf (Jang col 7 lines 66-67, “a rack (not shown) may be mounted on the supports so that the object to be cooked may be placed thereon”) that is mountable to at least one of the one or more hangers, the shelf (shelf inherently include the shelf member and holder as defined below) including:
a shelf member (the portion of shelf that touches cookware) configured to support food to be cooked, and
a holder (edge of shelf that is supported by the supports on side walls of cooking compartment) that is couplable to the at least one of the one or more hangers to mount the shelf thereto;
a transparent member (170, fig 10) configured as at least a portion (see fig 10 and 16, transparent member 170 is embedded in an upper wall of inner housing) of an upper wall (upper wall of inner housing) of the inner case; and
a camera (140, fig 10) disposed above the transparent member;
wherein the camera and the transparent member are configured so that: the camera is “operable to capture an image, through the transparent member” (camera inherently can capture images through the transparent member), of an inside of the cooking chamber, and
Jang fails to teach the camera is operable to capture an image of an entire area of the shelf member while the shelf is mounted to any of the one or more hangers.
Glaser teaches a viewing angle of a camera is 80 degrees or more ([0072] “wider-angle cameras may have a field of view with an angle greater than 40°, and some implementations may have field of views… greater than 100°, 360° panoramic, 360° spherical”).
It would have been obvious to one of ordinary skill in the art to modify Jang as taught by Glaser by using a wide angle camera for the cooking apparatus in order to capture image of entire cooking chamber and allow users to monitor cooking status of plural food items at the same time.
As modified, Jang in view of Glaser teaches the functional limitation “the camera is operable to capture an image of an entire area of the shelf member while the shelf is mounted to any of the one or more hangers” by using a camera with 360° spherical field of views.
Regarding claim 20, Jang in view of Glaser teaches a viewing angle in which the camera receives light through the transparent member is 80 degrees or more along a left and right direction of the main body, and 55 degrees or more along a front and rear direction of the main body (Glaser [0072] “wider-angle cameras may have a field of view with an angle greater than 40°, and some implementations may have field of views… greater than 100°, 360° panoramic, 360° spherical”)..
Allowable Subject Matter
Claims 2, 6, 10-15, 17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KO-WEI LIN whose telephone number is (571)270-7675. The examiner can normally be reached M-F 6:30-2:30 Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571)272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KO-WEI LIN/Primary Examiner, Art Unit 3762
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