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
Claim 1 is objected to because of the following informalities: the claim should end with a period (.). Appropriate correction is required.
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.
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.
Claims 2, 4-8, 16 and 18-20 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.
In claim 2, the limitation “an outer first layer”, “a heating conductor”, “a first temperature sensor” and “a second temperature sensor” is unclear if it is referring to the same outer first layer, heating conductor, first temperature sensor and second temperature sensor recited in claim 1, or a different outer first layer, heating conductor, first temperature sensor and second temperature sensor. For examination purposes, examiner construes these limitations as being the same.
Claim 2 recites the limitation "the distance" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the measurement accuracy" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 5-8 are rejected due to their dependency from claim 1.
Claim 16 recites the limitation "the thermal conductivity" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the distance" in lines 5 and 7. There is insufficient antecedent basis for this limitation in the claim.
In claim 18, the limitation “a heating conductor” in line 4, is unclear if it is referring to the same heating conductor recited in line 3, or a different heating conductor. For examination purposes, Examiner construes this limitation as being the same.
Claim 19 recites the limitation "the maximum calibration temperature" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the operating point" and “the highest accuracy” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 10-12, 14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SIU (US 2021/0259460).
Regarding claim 1, SIU teaches a kitchen appliance (101) for heating foodstuffs (abstract; para. 0039), the kitchen appliance comprising a wall (211, 212), and a heating conductor (214) for heating food (para. 0041), the heating conductor being present in the wall (as shown in Fig. 2), wherein the wall comprises an outer first layer (211), wherein a second layer (213) of the wall is located between the first layer and the heating conductor (as shown in Fig. 2-3), wherein a first temperature sensor (309) contacting the first layer is present in the wall (as shown in Fig. 3), and wherein a second temperature sensor (301) arranged separately from the first layer is present in the wall (as shown in Fig. 3).
Regarding claim 2, SIU teaches the kitchen appliance of claim 1, wherein the wall comprises an outer first layer (211) and, in the wall, a heating conductor (214), a first temperature sensor (309) and a second temperature sensor (301), and wherein the distance between the first temperature sensor and the heating conductor is greater than the distance between the second temperature sensor and the heating conductor (as shown in Fig. 2).
Regarding claim 3, SIU teaches the kitchen appliance of claim 1, wherein the second temperature sensor contacts the second layer or that the second temperature sensor is separated from the second layer only by an electrical insulator (as shown in Fig. 2-3).
Regarding claim 10, SIU teaches the kitchen appliance of claim 1, wherein the first temperature sensor is not arranged between two heating conductor tracks and/or is arranged at the edge of the wall (as shown in Fig. 2).
Regarding claim 11, SIU teaches the kitchen appliance of claim 1, wherein the first temperature sensor does not contact the second layer (as shown in Fig. 2-3; para. 0044).
Regarding claim 12, SIU teaches the kitchen appliance of claim 1, wherein the second temperature sensor is arranged between two heating conductor tracks (as shown in Fig. 2).
Regarding claim 14, SIU teaches the kitchen appliance of claim 1, further comprising a control device which is configured such that it regulates heating by the heating conductors in dependence on the first temperature sensor and the second temperature sensor (para. 0007; 0013-0016; as shown in Fig 8).
Regarding claim 16, SIU teaches the kitchen appliance of claim 1, wherein the thermal conductivity of the second layer is greater than the thermal conductivity of the first layer and/or that the second layer is thicker than the first layer (as shown in Fig. 2-3).
Regarding claim 17, SIU teaches the kitchen appliance of claim 1, wherein the kitchen appliance is a food processor (101; para. 0039; as shown in Fig. 1) with a stand part (105), with a preparation vessel (103) insertable into the stand part (as shown I Fig. 1), and with a chopping and/or mixing device (as shown in Fig. 1), and wherein the preparation vessel comprises the wall (as shown I Fig. 2), wherein by means of the chopping and/or mixing device a foodstuff present in the food preparation vessel can be chopped and/or mixed (para. 0039; as shown in Fig. 1).
Regarding claim 18, SIU teaches a kitchen appliance (101) for heating foodstuffs (abstract; para. 0039), the kitchen appliance comprising a wall (211, 212), and a heating conductor (214) for heating food (para. 0041), the heating conductor being present in the wall (as shown in fig. 2), wherein the wall comprises an outer first layer (211) and, in the wall, a heating conductor (214), a first temperature sensor (309) and a second temperature sensor (301), and wherein the distance between the first temperature sensor and the heating conductor is greater than the distance between the second temperature sensor and the heating conductor (as shown in Fig. 2).
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 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over SIU in view of Koebrich (US 2014/0029928).
Regarding claim 9, SIU teaches all the elements of the claimed invention as set forth above, except for, wherein the first temperature sensor is pressed against the first layer by a spring and/or that the second temperature sensor is pressed against the first or the second layer by a spring.
Koebrich teaches a heating device (211) wherein the temperature sensor (222) is pressed against the carrier layer (212) by a spring (226).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the kitchen appliance of SIU, with Koebrich, by pressing the temperature sensor against the first layer by a spring, to assure a proper contact and therefore a more accurate temperature reading. POSITA would have known that pressing the temperature sensor against the first layer by a spring would have a reasonable expectation of success and predictable results such as provide a more accurate temperature reading.
Regarding claim 15, SIU teaches all the elements of the claimed invention as set forth above, except for, wherein the control device is configured such that it switches off heating by the heating conductor when the first temperature sensor measures a temperature above a first threshold value or when the second temperature sensor measures a temperature above a second threshold value, wherein the first threshold value is smaller than the second threshold value.
Koebrich teaches a heating device (11) comprising a temperature sensor (20) and a control device (37), wherein the control device is configured such that it switches off heating by the heating conductor (14) when the temperature sensor measures a temperature above a threshold value (para. 0043).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control device of SIU, with Koebrich, by configuring it to switch off heating by the heating conductor when the temperature sensor measures a temperature above a threshold value, for safety reasons. POSITA would have known that configuring the control device to switch off heating by the heating conductor when the temperature sensor measures a temperature above a threshold value would have a reasonable expectation of success and predictable results such as avoid overheating/fire, or burning of the foodstuff.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over SIU in view of Kraut-Reinkober et al (US 2018/0177340).
Regarding claim 13, SIU teaches the kitchen appliance of claim 1, wherein the second layer consists of copper or aluminum or comprises copper or aluminum (para. 0041).
SIU fails to disclose wherein the first layer consists of steel.
Kraut-Reinkober et al teaches a kitchen appliance (2) wherein the first layer (21 or 22) consists of steel (para. 0010; 0014; 0056).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first layer of SIU, with Kraut-Reinkober et al, by providing a steel first layer, to improve heat conductivity. POSITA would have known that providing a steel first layer would have a reasonable expectation of success and predictable results such as improving heat conductivity.
Allowable Subject Matter
Claims 4-8, 19 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: allowable subject matter is indicated for claims 4-8, 19 and 20 because the prior art of record does not show or fairly suggest a kitchen appliance for heating foodstuff, wherein the measurement accuracy of the first temperature sensor is greatest at a first temperature and the measurement accuracy of the second temperature sensor is greatest at a second temperature, wherein the second temperature is greater than the first temperature as recited in claim 4, or a method for manufacturing a kitchen appliance, the method comprising calibrating the first temperature sensor and the second temperature sensor, wherein the maximum calibration temperature of the first temperature sensor is smaller than the maximum calibration temperature of the second temperature sensor or in that the maximum calibration temperature of the first temperature sensor is at least different from the maximum calibration temperature of the second temperature sensor as recited in claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tietz (US 12,133,608) is considered relevant art in the field of kitchen appliances, as shown in Fig. 1-2, comprising a wall (bottom wall 20H), and a heating conductor (20E) for heating food (Col. 10, lines 41-44), the heating conductor being present in the wall (as shown in Fig. 1-2), wherein the wall comprises an outer first layer (20P), wherein a second layer (20S) of the wall is located between the first layer and the heating conductor (as shown in Fig. 2), wherein a first temperature sensor (20T) contacting the first layer is present in the wall (as shown in Fig. 2)… but fails to disclose wherein a second temperature sensor arranged separately from the first layer is present in the wall.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 09/18/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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