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 .
Claims 1-13 are pending in the application.
Examiner’s Note: The examiner has cited particular passages including column and line numbers, paragraphs as designated numerically and/or figures as designated numerically in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claims, other passages, paragraphs and figures of any and all cited prior art references may apply as well. It is respectfully requested from the applicant, in preparing an eventual response, to fully consider the context of the passages, paragraphs and figures as taught by the prior art and/or cited by the examiner while including in such consideration the cited prior art references in their entirety as potentially teaching all or part of the claimed invention. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/19/2023 was filed after the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 11849867. Although the claims at issue are not identical, they are not patentably distinct from each other.
Current Application
Parent Patent 11,849,867
5. A method of operating an open fronted food display cabinet having a plurality of open fronted food display zones, wherein each open fronted food display zone is designed and configured to display food items to consumers to purchase the food items but not cook the food displayed in said display zones, the method comprising:
1. An open fronted food display cabinet having a plurality of open fronted food display zones, wherein each open fronted food display zone is designed and configured to display food items to consumers to purchase the food items, further wherein a temperature of each open fronted food display zone is independently controllable by a corresponding temperature regulating device operably coupled to the food display zone, the open fronted food display cabinet having a controller to control the temperature regulating devices to control the temperature of each of the open fronted food display zones, wherein the open fronted food display zones do not cook the food displayed in the open fronted food display zones, the controller configured to:
receiving indicia of a plurality of types of food items to be displayed in the open fronted food display zones;
receive indicia of a plurality of types of food items to be displayed in the open fronted food display zones;
receiving information regarding the corresponding ones of the food display zones in which each type of food item is to be placed;
receive information regarding the corresponding ones of the food display zones in which each type of food item is to be placed;
receiving or identifying placement times at which each type of food item will be placed in the cabinet for display in the open fronted food display zones; receiving or identifying an item temperature profile associated with each type of food item;
receive or identify placement times at which each type of food item will be placed in the cabinet for display in the open fronted food display zones; receive or identify an item temperature profile associated with each type of food item;
determining a food display zone temperature profile for each of the plurality of food display zones according to the types of food items to be placed in each of the food display zones and the identified times and item temperature profiles, wherein at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day; and
determine a food display zone temperature profile for each of the plurality of food display zones according to the types of food items to be placed in each of the food display zones and the identified times and item temperature profiles, wherein at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day; and
independently controlling the temperature of each of the plurality of open fronted food display zones according to the determined food display zone temperature profiles so that the temperature of each of the plurality of open fronted food display zones is automatically controlled at the identified temperature for a given food item at the time of day the food item is displayed in the corresponding open fronted food display zone.
independently control the temperature of each of the plurality of open fronted food display zones, using the temperature regulating devices, according to the determined food display zone temperature profiles so that the temperature of each of the plurality of open fronted food display zones is automatically controlled at the identified temperature for a given food item at the time of day the food item is displayed in the corresponding open fronted food display zone.
As shows in the table above, although claim 5 of the current application is directed to a method while claim 1 of the parent patent 867 is directed the system, claim 1 of the parent patent 867 anticipate all the method of steps of the current application and more.
Current application
Parent Patent 11,849,867
1. A method of operating a food display cabinet having a plurality of food display zones, wherein each food display zone includes a temperature regulating device and is configurable to be held at the same or different temperatures, the food display cabinet having a controller to control the temperature of each of the food display zones, the method comprising the steps of:
1. An open fronted food display cabinet having a plurality of open fronted food display zones, wherein each open fronted food display zone is designed and configured to display food items to consumers to purchase the food items, further wherein a temperature of each open fronted food display zone is independently controllable by a corresponding temperature regulating device operably coupled to the food display zone, the open fronted food display cabinet having a controller to control the temperature regulating devices to control the temperature of each of the open fronted food display zones, wherein the open fronted food display zones do not cook the food displayed in the open fronted food display zones, the controller configured to:
receiving indicia of an item to be placed in a first food display zone;
receive indicia of a plurality of types of food items to be displayed in the open fronted food display zones; receive information regarding the corresponding ones of the food display zones in which each type of food item is to be placed;
identifying, based on the received indicia, a time the item is to be placed in a first food display zone;
receive or identify placement times at which each type of food item will be placed in the cabinet for display in the open fronted food display zones;
identifying, based on the received indicia, a temperature profile associated with the item;
receive or identify an item temperature profile associated with each type of food item; determine a food display zone temperature profile for each of the plurality of food display zones according to the types of food items to be placed in each of the food display zones and the identified times and item temperature profiles, wherein at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day;
and varying the temperature of the first food display zone, using the temperature regulating device, so that the first food display zone is at the identified temperature for the item at the time the item is placed in the first food display zone.
and independently control the temperature of each of the plurality of open fronted food display zones, using the temperature regulating devices, according to the determined food display zone temperature profiles so that the temperature of each of the plurality of open fronted food display zones is automatically controlled at the identified temperature for a given food item at the time of day the food item is displayed in the corresponding open fronted food display zone.
As shows in the table above, although claim 1 of the current application is directed to a method while claim 1 of the parent patent 867 is directed the system, claim 1 of the parent patent 867 anticipate all the method of steps of the current application and more.
Regarding dependent claims 2-4, 6-13, claims 2-31 of the parent patent 867 clearly anticipate claims 2-4, 6-13 of the current application.
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.
Claims 1-4 are 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. The claim recites “identifying, based on the received indica, a time the item is to be placed in a first food display zone”. The applicant’s specification, however, fails to provide an adequate description showing that system is capable of performing this claimed step. Specifically, while the specification describes
[0039] In use, at the start of the day, an operative will use the input device 30 to input data relating to the food items to be held within each food display zone. As well as inputting information relating to the food type (preferably in the form of a unique identifier), information regarding the food display zone in which the product is to be placed (i.e. the first food display zones 12, second food display zone 14 etc.) is also inputted as well as the length of time said product will be kept in the food display zone. Once inputted, the computer 32 is configured to query the database 34 using the inputted data from which the food type may be identified, in order to determine an optimal temperature profile for the food type. The temperature profile and optimum display time are preferably held in the database 34 which is queried by the computer 32 and assigned to a specific zone within the unit 10. The initial recognition of the unique record or ‘recipe’ for the food stuff that is either chosen from a stored list in database 34 or recognised by the device 30 or other means of identification and the ‘recipe’ for that unique identification is then made available from the database for assignation to a zone. The computer 32 is further configured to transmit information to the controller 28 in order to maintain the temperature of the individual food display zones at the correct temperature via the slave controller 28A which is assigned to that specific zone.
[0040] In a further embodiment, one or more of the information regarding the food display zone, time the food item is placed in a zone, and length of time a food item is to be held in a particular zone is held in the database 34 and retrieved once the information identifying the food item has been inputted at the input device 30.
The specification does provide any description indicating that the system would able to identifying, based on the received indica, a time the item is to be placed in a first food display zone. The specification merely discussed that the system configured to operate based on a preprogrammed schedules or receive input schedules from an operator, where temperature adjustments occur automatically according to a predefined schedule time. The specification provides no description or suggestion of how different indicia would result in the system identifying different placement time, nor how the indicia interact with the system to resolve a placement time. For these reason, the specification fails to demonstrate that the inventor was in possession of system that can perform the claimed step of identifying a placement time based on received indicia.
Regarding claims 2-4, dependent claims inherit the deficiencies of their respective parent(s).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: The claim(s) recite(s) a method of operating a food display cabinet having a plurality of food display zones comprises a series of steps. Thus, the claim is to a process, which are statutory categories of invention.
Steps 2A Prong one: the claim recites receiving indicia of an item to be placed in a first food display zone, identifying, based on the received indicia, a time the item is to be placed in a first food display zone, identifying, based on the received indicia, a temperature profile associated with the item, and varying the temperature of the first food display zone, using the temperature regulating device, so that the first food display zone is at the identified temperature for the item at the time the item is placed in the first food display zone. These limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind through observation, evaluation and/or judgement (see MPEP 2106.04(a)(2) III). That is, nothing in the claim element precludes the steps from practically being performing in the mind. For example, “receiving indicia of an item”, “identifying, based on the received indicia, a time”, “identifying, based on the received indicia, a temperature profile associated with the item”, and “varying the temperature of the first food display zone, using the temperature regulating device” in context of this claim encompasses an human worker receive a list of food item and time to place the food item in a first food zone, obtain the time from the list and determine the temperature for the specific food item by lookup known temperature guidelines, and manually control the temperature of the first food zone at the time. Accordingly, if the claim limitations, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Steps 2A Prong Two: The claim recites a combination of additional elements, such as a controller, temperature regulating device, and food display zones. However, these elements are recited only as generic components that implement the abstract idea of scheduling and selecting temperature. The claim does not recite any particular manner in which the temperature is varied, any specific control logic, or any improvement to the functioning of the food display cabinet or temperature control technology itself. Rather, the claim merely applied the abstract idea in a generic technological environment (see MPEP 21006.05(h)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional elements in the claim do not amount to significantly more than the abstract idea. The recited a controller, temperature regulating device, and food display zones perform their ordinary functions of controlling and maintaining temperature. The claim does not recite any unconventional arrangement, specialized hardware, or non-routine control technique. The step of varying the temperature is result-oriented and does not impose any meaningful technical limitation beyond achieving a desired temperature as a desired time. Thus, the claim amounts to no more than the abstract idea implemented using generic components performing their conventional functions. The claim is not eligible.
Regarding claim 2, the claim depends on claim 1 and recites the same abstract idea. The claim recites an addition element receiving indicia of a second item, identifying a time the second item placed, identifying a temperature profile for the second item, and varying the temperature of a selected display it is at the identified temperature at the identified time. The steps mirror the same planning and decision-making process recited in claim 1, merely repeated for an additional item and zone. Thus, these steps constitute mental process and does not add significantly more than the abstract idea. It merely applied the same abstract scheduling and selection concept to additional items. The claim is not eligible.
Regarding claim 3, the claim depends on claim 1+2 and recites the same abstract idea. The claim recites an additional element determining a food display zone temperature profile for each of the plurality of food display zones according to food types of said items to be placed in each of the food display zones, the identified times and identified item temperature profiles, wherein at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day. The steps merely including multiple placement times for different food items on the same day which is also a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. The claim does not add an inventive concept sufficient to transform the abstract idea into patent-eligible subject matter. The claim is not eligible.
Regarding claim 4, the claim depends on claim 1-3 and recites the same abstract idea. The claim recites and additional element of independently controlling the temperature of each of the plurality of food display zones, using the temperature regulating devices, according to the determined food display zone temperature profiles so that the temperature of each of the plurality of food display zones is automatically controlled at the identified temperature for a given food item at the time of day the food item is displayed in the corresponding open fronted food display zone. The element merely varying the temperature for different food zone based on a predetermine schedule. Although the claim recites each zone is “automatically controlled,” the underlying concept remain executing a schedule of temperatures at a specified times for specified items, which is a mental process. Considering the claim as a whole, the claim does not include additional elements that amount to significantly more than the abstract idea. “Automatically controlled at the identified temperature” merely reflects the expected operation of generic temperature controllers and does not involve an unconventional arrangement. The claim is not eligible.
Claims 5-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: The claim(s) recite(s) a method of operating a food display cabinet having a plurality of food display zones comprises a series of steps. Thus, the claim is to a process, which are statutory categories of invention.
Steps 2A Prong one: the claim recites
receiving indicia of a plurality of types of food items to be displayed.
(b) receiving information regarding the corresponding ones of the food display zones in which each type of food item is to be placed.
(c) receiving or identifying placement times at which each type of food item.
(d) receiving or identifying an item temperature profile associated with each type of food item.
(e) determining a food display zone temperature profile for each of the plurality of food display zones according to the types of food items to be placed in each of the food display zones and the identified times and item temperature profiles, wherein at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day.
(f) independently controlling the temperature of each of the plurality of open fronted food display zones according to the determined food display zone temperature profiles.
These limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind through observation, evaluation and/or judgement (see MPEP 2106.04(a)(2) III). That is, nothing in the claim element precludes the steps from practically being performing in the mind. For example, a worker received food information, decide where and when food items should place in the food display cabinet based the received information, consult known temperature guidelines for each food items, and manually control display food display zone temperature accordingly. Thus, if the claim limitations, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Steps 2A Prong Two: Besides the abstract ideas, the claim recites the additional element of the temperature of each of the plurality of open fronted food display zones is automatically controlled at the identified temperature. This additional element represent merely that the display cabinet is require to adjust and maintain a target temperature at the time that has already been identified and set by an operator based on food type. The automatic temperature control is ancillary to the abstract idea of selecting and scheduling temperature and does not reflect an improvement to the functioning of the food cabinet itself. The claim does not specify any particular manner in which the automatic control is achieved, nor does it impose any technical constraints on the system, sensors, or control logic. Instead, the limitation simply applies the abstract idea by instructing a generic machine to carry out the result of that idea (see MPEP 2106.05(f)). Even when viewed in combination, the additional element does not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception.
Step 2B: The claim as a whole does not amounts to significantly more than the recited exception. The claim has one additional element of the temperature of each of the plurality of open fronted food display zones is automatically controlled at the identified temperature. The recitation of automatically controlled at the identified temperature for the plurality of food display zones is the basic, well-understood operation of standard temperature control of a food display cabinet. Even when considered in combination, these additional elements represent mere instructions to apply an exception, which do not provide an inventive concept. The claim is not eligible.
Regarding claim 6, the claim depends on claim 5 and recites the same abstract idea. The claim further specified that the receiving or identifying placement times step includes identifying or receiving multiple placement times and display durations for different types of food items placed in the same display zone on the same day. These limitations merely refine the abstract idea of scheduling and organizing food item display information over time. The additional steps recite identifying times of day, duration, and food type association, which constitute mental process. A worker can easily perform these steps by planning a daily display schedule and nothing the duration each food item is displayed. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application under step 2A, Prong two.
Regarding claim 7, the claim depends on claim 5-6 and recites the same abstract idea. The claim further recites determining, before a placement time, a temperature-versus-time profile that span multiple display periods. This limitation merely extends the abstract idea of planning and forecasting temperature schedules for display zone. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application under step 2A, Prong two.
Regarding claim 8, the claim depends on claim 5-6 and recites the same abstract idea. The claim further recites steps are stored as executable instructions in a non-transitory memory for execution by a computing device in operative communication with said food display cabinet; and the temperature of each open fronted food display zone is independently controllable by a corresponding temperature regulating device operably coupled to the food display zone and controlled by said computing device. Storing instructions in memory, executing them with a computing device, and controlling temperature regulating devices are generic computer functions that do not improve computer technology. The computer device is used only as a tool to automate the abstract scheduling and management concept. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application. The claim is ineligible.
Regarding claim 9, the claim depends on claim 5-6, 8 and recites the same abstract idea. The claim recites temperature profiles associated with a plurality of food items are stored in a database in communication with said computing device; and said step of receiving or identifying said temperature profiles comprises the computing device querying the database for information regarding a given food item. These steps constitute data storage, retrieval, and lookup operation covers performance of the limitation in the mind but for the recitation of generic computer components. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application. The claim is ineligible.
Regarding claim 10, the claim depends on claim 5-6, 8 and recites the same abstract idea. The claim recites a steps of determining a transition time during using a mathematical formula based on temperature values and proportionality constant. This limitation constitutes a mathematical calculation, which is itself an abstract idea. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application. The claim is ineligible.
Regarding claim 11, the claim depends on claim 5-6, 8 and recites the same abstract idea. The claim recites determining with the computing device a transition temperature profile that specifies a temperature during a time period between the end of the first time period and the second placement time. The limitation merely defines additional information content describing how temperature should change over time. These step of determining covers performance of the limitation in the mind but for the recitation of generic computer components. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application. The claim is ineligible.
Regarding claim 12, the claim depends on claim 5-6, 8 and recites the same abstract idea. The claim recites selectively disabling temperature regulating devices and supplying power only to light during a “lights only” mode based on the temperature profile and time of day. This limitation reflects conditional control based on scheduling information which covers performance of the limitation in the mind. Accordingly, the claim remains directed to an abstract idea and does not integrate that idea into a practical application. The claim is ineligible.
Regarding claim 13, the claim depends on claim 5-6, 8 and recites the same abstract idea. The claim recites displaying information regarding the transition times through a user interface device under control of the computing device. The limitation represents extra-solution activity because it is mere nominal or tangential addition to the claim, amounting to mere data output (see MPEP 2106.05(g))
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graat et al. U.S. Patent No. 5,626,028 (“Graat”) in view of Jeong, Yong Won et al. WO 2015/016555 (“Jeong”) and Inada Ryozo JP 2004251507 (“Ryozo”).
Regarding claim 1, Graat teaches a method of operating a food display cabinet [10 of fig. 1] having a plurality of food display Zones [44, 46, 50, 52, 54], wherein each food display zone includes a temperature regulating device and is configurable to be held at the same or different temperature of each of the food display zones, the method comprising the steps of:
Now with reference to FIG. 1, there is shown diagrammatically a modular display case 10 which is customized from a basic display case design and preferably adapted to display food in a supermarket, delicatessen, or similar setting. Depending upon the particular application, the customized display case 10 may be configured to display any type or combination of types of food, including hot prepared food (such as fried chicken or pizza), cold food (such as delicatessen meats and cheeses), and ambient temperature, or "dry" food (such as breads, pastries, and other bakery items). [col. 4 lines 50-61]
the bed joints and the boundaries dividing the different temperature display compartments or zones need not coincide. Again, referring to FIG. 1, the dashed lines 34, 36, 38, 40, and 42 shown therein represent partitions which serve to divide the display case 10 into different temperature-controlled zones or compartments, i.e. hot, cold, or dry (ambient temperature--it should be noted that ambient temperature zones are considered "controlled" in the sense that their temperature is controlled by the temperature of the surrounding environment). [col. 5 lines 55-66]
receiving an item [pizza or cheese] to be placed in a fist food display zone;
identifying a temperature profile [hot, cold, or dry] associated with the item;
varying the temperature of the first food display zone, using the temperature regulating device [controller 98], so that the first food display zone is at the identified temperature for the item at a time the item is place in the first food display zone.
Now with reference to FIG. 1, there is shown diagrammatically a modular display case 10 which is customized from a basic display case design and preferably adapted to display food in a supermarket, delicatessen, or similar setting. Depending upon the particular application, the customized display case 10 may be configured to display any type or combination of types of food, including hot prepared food (such as fried chicken or pizza), cold food (such as delicatessen meats and cheeses), and ambient temperature, or "dry" food (such as breads, pastries, and other bakery items). [col. 4 lines 50-61]
Referring now more particularly to FIG. 3, there is illustrated a cross-sectional view of a preferred embodiment of a hot compartment zone, which may, for example, comprise either zone 44 or 50 of the display case 10 shown in FIG. 1. More specifically, the hot compartment zones each comprise at least a portion of one modular bed section 12, within which is preferably supported a warming pan 96. The warming pan 96 is of a conventional type, typically being constructed of stainless steel or the like. A heater (not shown) is employed to heat the pan 96. In the preferred embodiment, a convection heater is employed, but alternatively, the pan 96 could include a reservoir for containing water, with an immersion heater within the reservoir for heating the water. The heater is controlled by suitable means, such as a controller 98, so that the food is kept at an appropriate temperature. A top surface 100 receives the food to be displayed. [col. 7 lines 39-55]
FIG. 4 is a cross-sectional view of a preferred embodiment of a cold compartment zone, which may, for example, comprise either 48 or 52 of the display case 10 shown in FIG. 1, wherein like elements with respect to FIG. 3 are designated with like reference numerals. The cold compartment zones each comprise at least a portion of one modular bed section 12, within which is preferably supported a deck pan 68, as shown in FIGS. 2 and 7. Directly beneath the deck pan 68 lies a fan cover 114, which is attached by means of a hinge 116 to a baffle plate 118. Beneath the fan cover 114 is a coil space 120, within which is arranged an axial fan 122 and a refrigeration coil 124. The coil 124 may be of any available length, depending upon the length of the particular cold compartment zone, and along the length of the display case 10, different length coils 124 may be employed in different cold zones, if desired. For example, in the display case 10 shown in FIG. 1, the coil 124 in zone 48 may be of a different length than the coil 124 in the zone 52. The fan 122 and coil 124 may be mounted on the bed floor, as shown, or alternatively may be attached to the fan cover 114. [col. 8 lines 5-26]
A modular case for displaying food or the like, comprising: a bed section having a first length and having first and second ends; a first zone having a variable second length; a second zone having a variable third length, said first and second zones being arranged serially along a longitudinal axis of said bed section and being adapted for maintenance at substantially different temperatures relative to one another said different temperatures maintained constant regardless of the actual size of said variable lengths by providing each said zone with independent temperature control; and a partition located in said case for dividing said first and second zones. [col. 11 lines 25-45]
Graat does not teach receiving indicia of item, identifying, based on the receive indicia, at a time the item is to be placed in a first food display, and identifying, based on the received indicia, a temperature profile associated with the item.
Jeong teaches another method and method to operate a food cabinet [300 of fig. 10a] having a plurality of food zones [305s], wherein each food display zone includes a temperature regulating device, and configured to varying the temperature of a first food zone, using the temperature regulating device, so that the first food zone is at the identified temperature for the item. Specifically, Jeong teaches receiving indica of item and identifying, based on the received indicia, a temperature profile associated with the item.
the controller 320 receives information about the type or size of the food through the input unit 340 provided in the refrigerator 300. In consideration of the input information can determine the state of the food. [page 18]
The controller 320 may determine the temperature of the appropriate storage compartment 303 corresponding to the current state of the food according to the database stored in advance. For example, when the target food is meat, if the current state of the meat is in a ripening stage rather than a decay stage, the temperature of the storage compartment 303 for reaching or maintaining the optimum ripening state is determined, and The corresponding control signal may be transmitted to the cooling unit 350.
The controller 320 may receive a command regarding a desired state of the target food from the user through the input unit 340, and control the temperature of the storage compartment 303 accordingly. Specifically, before the gas sensor module 100 detects the state of the target food or after determining the state of the target food, the input unit 340 may receive a command for a desired state of the target food from the user. Here, the desired state of the target food may be maturity, freshness and maturation time. The controller 320 may determine the current state of the target food based on the output signal of the gas sensor module 100 and display the current state of the target food on the display unit 330, where the current state of the target food is currently aged. Status, freshness, and anticipated ripening time. In addition, the controller 320 determines the desired temperature and the desired oxygen exposure amount based on the desired state of the target food and the determined target food input to the input unit 340, and transmits a control signal to the cooling unit 350. The temperature and the amount of oxygen in the storage compartment 304 may be controlled to reach the desired temperature and the desired amount of oxygen exposure. In addition, the control unit 320 independently adjusts the temperature and oxygen amount of the specific storage compartment 304 or the specific storage container 305 provided with the gas sensor module 100 so that the target food inside reaches the desired temperature and the desired oxygen exposure amount. Can be controlled.
For example, if the target food is kimchi and the user inputs a command to keep the state of kimchi in the ripe state through the input unit 340, the controller 320 considers the current state of kimchi to ripen the state of kimchi. The temperature of the storage compartment 303 which can be maintained as is determined and a control signal corresponding thereto may be transmitted to the cooling unit 350.
In addition, when the target food is meat, the gas sensor module 100 may detect ammonia to determine the meat state, that is, the characteristics of the target food may be determined based on the output signal detected by the gas sensor module 100. By grasping or loading the characteristics of the target food from a pre-stored database, the freshness and the freshness retention time of the current meat can be determined. If the freshness of the meat is fresh and the estimated time to maintain the freshness is 3 days, the control unit 320 may control the display unit 330 to display it. In addition, the user may input the desired state through the input unit 340 to control the refrigerator 300. That is, the user inputs the desired freshness retention time as 7 days through the input unit 340, and the control unit 320 Based on the desired freshness retention time and the expected freshness retention time, the temperature of a specific storage container in which meat is stored may be lowered, and the oxygen concentration may be reduced to shorten the ripening time. For example, the controller 320 may lower the temperature of the specific storage container 305 to minus −1 degrees.
[SEE page 19-20]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art the modify the system of Graat with the steps of receiving indica of item and identifying, based on the received indicia, a temperature profile associated with the item of Jeong. The motivation for doing so would has been to maintain the freshness of the specific food item to be place in the in a first food display zone of Graat. By identify, an exact temperature associated with the characteristics of a target food item, the system would able to main the freshness of a particular food item for a longer period of time [SEE page 20 of Jeong]. Thus, reduce wasteful food.
Ryozo teaches another cabinet, for storing food item after preparation, configured to varying the temperature of the cabinet, using the temperature regulating device, so that the cabinet is at the identified temperature for the item at a time the item is place in the cabinet. Specifically, Ryozo teaches identify, based on the received indicia, a time the item is to be place in the food cabinet.
[0010] Here, a preparatory management unit is newly provided, and a preparatory start command is transmitted from the transmitting unit to a plurality of delivery apparatuses, so that the preparatory operation is started at the preparatory start time. For this reason, in each delivery device, it is possible to perform advance preparations in which unnecessary energy input is suppressed.
[0011] Here, the set temperature is transmitted to the delivery device having a cooling capacity to keep the articles cool, together with the preparation start command at the preparation start time. Thereby, in the delivery apparatus, it is possible to perform advance preparation at an appropriate timing so that the cooling capacity is filled and the temperature reaches the set temperature.
[0012] The preparation start time and the set temperature may be different values for each delivery device, or may be common values for each delivery device. A management system according to a third aspect is the management system according to the second aspect, further comprising a preparation start time calculation unit. The preparation start time calculation unit calculates the preparation start time based on the use start time of the delivery device obtained from the delivery plan of the article in the distribution cycle and the temperature history information on the delivery device.
[0020] A management method according to claim 8 is a management method for managing a plurality of delivery devices used for delivery of articles after advance preparation in a physical distribution cycle, wherein the first step, the second step, and the third step are performed. Have. In the first step, the use start time of the delivery device is obtained based on the delivery plan of the articles in the physical distribution cycle. In the second step, a preparation start time is obtained from the use start time of the delivery device. In the third step, a preparation start command is issued to the delivery apparatus so that the preparation starts at the preparation start time.
[0045] A bar code sticker 31 in which the date and time of loading, the type of food, the K value measured by a freshness meter, the camisary number, the temperature in the refrigerator, and the like are bar-coded is affixed to the articles 30 loaded in the cool box 1 in the camisary 101. Be worn. When the articles to be loaded in the cool box 1 are foods, the K value is measured by a freshness meter and recorded as an initial K value at the time of loading.
[READ further paragraph 0066-0068]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art the modify to method of steps of Graat with the step of identify, based on the received indicia, a time the item is to be place in the food cabinet of Ryozo. As suggested by Ryozo in par. 0017, 0021, and 0099, knowing a time of food item to be place in the cabinet, help prevent varying the temperature of the cabinet at the wrong time. Thus, reduce wasteful energy.
Regarding claim 2, Graat teaches the customized display case 10 may be configured to display any type or combination of types of food, including hot prepared food (such as fried chicken or pizza), cold food (such as delicatessen meats and cheeses), and ambient temperature, or "dry" food (such as breads, pastries, and other bakery items) [col. 5 lines 55-66] and varying the temperature of the first and second food display zone, so that the first and food display zone is at the identified temperature for the item at a time the item is place in the first food display zone and second food display zone [SEE fig. 3-4]. Jeong teaches the food cabinet having multiple zones, a controller 320 receives information about the type or size of the food through thein put unit 340, and configured to receiving indica of item and identifying, based on the received indicia, a temperature profile associated with the item [SEE page 18-20]. Ryozo teaches identifying, based on the received indicia of at least the second item, a time said at least the second item is to be place in another selected one of said plurality of food cabinet [SEE par. 10-12, 20, 45]. Therefore, it is clear one ordinary skill in the art that Graat in view of Jeong and Ryozo teaches receiving indicia of at least a second item to be placed in another of said plurality of food display zones; identifying, based on the received indicia of at least the second item, a time said at least the second item is to be placed in another selected one of said plurality of food display zones; identifying based on the received indicia of at least the second item, a temperature profile associated with at least the second item; and varying the temperature of the selected food display zone containing at least the second item, using the temperature regulating device, so that said selected food display zone for containing at least the second item is at the identified temperature for at least the second item at the time said item is placed in said selected food display zone.
Allowable Subject Matter
Claims 5-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office Action and a filing of an appropriate Terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
U.S. Patent No. 3,170,541 to Werner Otto E teaches a food vending assembly comprising a plurality of units which are in contact from end to end and have a laterally projecting portion integral with each unit at an intermediate height providing a continuous counter in the front of the assembly characterized by the fact that the space below said counter is enclosed and various operating mechanisms for said units are mounted in said space, including electrical means for operating said units, conduit means for a refrigeration for cooling predetermined areas of said units, and provide a new and improved hot prepared food vending unit which permits a customer to select a previously prepared hot food.
KR 20120116751 to Cheong Won Hee et al. teach A control method of a refrigerator is provided to facilitate the management for foods by checking information according to foods in the refrigerator. Specifically, Cheong Won Hee et al. teach the detailed information display unit 150 according to the third embodiment of the present invention includes a reference time setting unit 181 for setting a reference time point and a reference storage period for setting a reference storage period wherein the reference point setting unit 181 is configured to select at least one reference point among a first reference point (storage start time), a second reference point (current point) and a third reference point (storage expiration point). The reference storage period setting unit 183 is configured to input a specific period (days).
Claims 5-13 are considered allowable since when reading the claims in light of the specification, as per, MPEP §2111.01 or Toro Co. v. White Consolidated Industries Inc., 199 F.3d 1295, 1301, 53 USPQ2d 1065, 1069 (Fed. Cir. 1999), none of the references of record alone or in combination disclose or suggest the combination of limitations specified in the independent claim(s). Specifically, the prior art of record does not teach or suggest either individually or in combination a method of “at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day”.
Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office Action, a filing of an appropriate Terminal disclaimer, and including 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:
Claims 3-4 are considered allowable since, when reading the claims in light of the specification, none of the references of record alone or in combination disclose or suggest the combination of subject matter specified in the dependent claim(s): at least one of the food display zone temperature profiles includes a first placement time for a first food item and a second placement time for a second food item in the same day.
Conclusion
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VINCENT H TRAN
Primary Examiner
Art Unit 2115
/VINCENT H TRAN/Primary Examiner, Art Unit 2115