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 .
Response to Amendment
In view of the amendment filed 07/13/2026:
Claims 1-8, 10, and 11 are pending.
Claim 9 is canceled.
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-5, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US20210080114 ), and further in view of Campbell (US20220138976) and Luckhardt et al. (US20140041530).
Regarding claim 1, Liu teaches a method for operating a cooking appliance having a cooking chamber (cooking chamber 400- cooking chamber 600 in Figure 4-Figure 6A/6C) for receiving a food product (food item 408; Figure 4) positioned on a food support (food pan 410 in Figure 4-Figure 6A/6C),
a treatment device for treating the food product (heating element 405a,405b in Figure 4),
a control device for controlling at least the treatment device ([0010] a method is performed by a computing system that is communicably coupled with a cooking appliance and that is configured to control one or more functions of the cooking appliance), and
an image capture device (first camera 406a and second camera 406b; Figure 4) for capturing images of the cooking chamber r ([0086] First camera 406a and second camera 406b are heat-resistant image-capturing devices positioned inside cooking chamber 400),
the method comprising:
successively capturing, using the image capture device, a plurality of 2D images of the food product, in each 2D image of the plurality of 2D images the food support being in a different insertion position, the insertion position being varied in both insertion height along a height direction ([0098] In some embodiments, translation assembly 412 is being controlled by the computing system to dynamically move food support platform 402 during cooking. For example, sensors in the cooking chamber (e.g., cameras of the cooking cham and [0108] In some embodiments, the oven receives user input that specifies a third position for the food support platform and the control unit moves the food support platform accordingly. For example, the user can use directional keys on the oven's user input display (e.g., directional buttons 320 in FIG. 3) to control the movement of the food support platform to a third position. In some embodiments, a live view from the cooking chamber is displayed on a display of the oven (e.g., food item image 308) to help the user move the food support platform) and insertion depth along an insertion direction ([0061] in some embodiments, the image capturing is triggered when the image capture triggering system detects that there has been a change in the field of view of the camera. For example, when the oven door is opened, the lighting condition in the oven will be changed, and the image capturing will be triggered in response to the opening of the oven door. In some embodiments, the image capturing is triggered when the food item starts to appear in the field of view of the camera. In some embodiments, the image capturing is triggered when then food item is completely inserted and the oven door is closed. In some embodiments, the image capture trigger system also instructs the camera to capture and store an image of the oven rack immediately before the oven door is opened, as the compartment baseline image of the interior of the oven);
generating 3D information about a shape and/or dimensions of the food product by comparing geometric data of the food product in the plurality of 2D images ([0061] images taken by the cameras can be used to accurately determine the size and shape of the food items within the images, [0079] an image of the food item 308 is displayed on graphical user interface 300 in real-time for the user to view the food item and to confirm the extracted values. Sensors inside the cooking chamber can record RGB images of the food item, thermal images of the food item, weight of the food item, moisture level of the food item, and so on. Collected data are analyzed by identification models 123 over network 190 to return parameters values such as food type, size, weight and so on); and
using the 3D information for controlling the treatment device ([0082] the user can view changes in food item condition using real-time food item image 308 to manually adjust the location of the food item in the cooking chamber and [0108] In some embodiments, the oven receives user input that specifies a third position for the food support platform and the control unit moves the food support platform accordingly. For example, the user can use directional keys on the oven's user input display (e.g., directional buttons 320 in FIG. 3) to control the movement of the food support platform to a third position. In some embodiments, a live view from the cooking chamber is displayed on a display of the oven (e.g., food item image 308) to help the user move the food support platform).
While Liu teaches a live view of the cooking chamber is displayed to help a user adjust the food support holder height ([0108] the user can use directional keys on the oven's user input display (e.g., directional buttons 320 in FIG. 3) to control the movement of the food support platform to a third position. In some embodiments, a live view from the cooking chamber is displayed on a display of the oven (e.g., food item image 308) to help the user move the food support platform), Liu fails to explicitly teach wherein at least a portion of the plurality of 2D images is captured during a motorized height adjustment of a food support holder along the height direction, the height adjustment being carried out at a constant speed (In the instant case Examiner is interpreting the limitation as a plurality of 2D images are captured as the food support holder moves along the height direction).
In the field reasonably pertinent to the problem of reliably generating 3D information of a product from a plurality of 2D images, Campbell teaches at least a portion of the plurality of 2D images is captured during a motorized height adjustment along the height direction (see Figure 4A and Figure 4B) to generate 3D information about a shape and/or dimensions of the product ([0052] The PFF image stack may be processed to determine or output a Z-height coordinate map (e.g. a point cloud) that quantitatively indicates a set of 3 dimensional surface coordinates (e.g., corresponding to a surface shape or profile of the workpiece)). Campbell teaches an accurate and reliable method for generating 3D information from 2D images ([0047] some range of lower frequencies may still make it through those objective lenses so as to be present in the projected pattern and provide sufficient contrast so that accurate/reliable focus curve data may be obtained and [0051] it is generally desirable for a projected pattern to provide sufficient contrast so that the peak of a contrast curve can be accurately localized and reliably distinguished from noise for all desired regions of interest).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the at least a portion of the plurality of 2D images of Liu be captured during a motorized height adjustment of the food support holder along the height direction, as Campbell teaches capturing a plurality of 2D images during a motorized height adjustment along the height direction that changes the relative spacing between the camera and product in the z-direction, for the benefit of more accurately and reliably generating 3D information from 2D images.
While both Liu and Campbell teach a motorized height adjustment, Liu modified with Campbell fail to explicitly teach the motorized height adjustment is carried out at a constant speed.
In the same field of endeavor pertaining to cooking appliances, Luckhardt teaches an adjustment of the food support holder is carried out at a constant speed ([0084] Presumed, the speed of insertion is more or less constant, which for most cases indeed applies, the distance d at the end-point can be calculated, at least in good approximation). The constant speed allows for the food support holder distance to be calculated as it moves through the chamber ([0087] Knowing the number of pixels and distances d corresponding to the tray section path, the ratio: number of distances per pixel can be calculated for the tray section path. As the insertion speed is assumed to be constant, the calculated ratio shall also apply to the baking product 3 and related distances).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the food support holder of Liu modified with Campbell be adjusted at a constant speed, as taught by Luckhardt, to calculate the food support holder distance as it moves through the chamber. Liu teaches a distance of the food item relative to heating elements is automatically selected and adjusted by the food support holder in real-time to achieve a desirable cooking temperature required for the food item in its current state ([0007] The food item is placed within the cooking chamber before the temperature in the cooking chamber reaches a stable value, and the distance of the food item relative to the heating element(s) is automatically selected and adjusted by a moveable food support platform in real-time based on the actual temperature distribution within the cooking chamber and the most desirable cooking temperature required for the food item in the current state of the food item), prompting one of ordinary skill to use a method that determines the food support holder distance as it moves through the chamber.
Regarding claim 2, Liu modified with Campbell and Luckhardt teaches the method of claim 1.
Further, Liu teaches wherein respective insertion positions of the food support shown in the different 2D images are compared with each other in generating the 3D information ([0061] the image capturing is triggered when the image capture triggering system detects that there has been a change in the field of view of the camera. For example, when the oven door is opened, the lighting condition in the oven will be changed, and the image capturing will be triggered in response to the opening of the oven door. In some embodiments, the image capturing is triggered when the food item starts to appear in the field of view of the camera. In some embodiments, the image capturing is triggered when then food item is completely inserted and the oven door is closed. In some embodiments, the image capture trigger system also instructs the camera to capture and store an image of the oven rack immediately before the oven door is opened, as the compartment baseline image of the interior of the oven… image processing module 154 obtains the images captured by the one or more second sensors 142, and preprocesses the images to remove the background from the images based on the compartment baseline image captured before the insertion of the food item. The compartment baseline image captures the exact condition of the food support platform in the food cooking compartment of the food preparation system, and provides an excellent filter for the images containing the food item to remove the background).
Regarding claim 3, Liu modified with Campbell and Luckhardt teaches the method of claim 1.
Further, Liu teaches wherein a variation of the insertion position of the food support between different 2D images is determined by sensor means ([0061] the image capturing is triggered when the image capture triggering system detects that there has been a change in the field of view of the camera. For example, when the oven door is opened, the lighting condition in the oven will be changed, and the image capturing will be triggered in response to the opening of the oven door. In some embodiments, the image capturing is triggered when the food item starts to appear in the field of view of the camera. In some embodiments, the image capturing is triggered when then food item is completely inserted and the oven door is closed. In some embodiments, the image capture trigger system also instructs the camera to capture and store an image of the oven rack immediately before the oven door is opened, as the compartment baseline image of the interior of the oven… image processing module 154 obtains the images captured by the one or more second sensors 142, and preprocesses the images to remove the background from the images based on the compartment baseline image captured before the insertion of the food item. The compartment baseline image captures the exact condition of the food support platform in the food cooking compartment of the food preparation system, and provides an excellent filter for the images containing the food item to remove the background).
Regarding claim 4, Liu modified with Campbell and Luckhardt teaches the method of claim 1.
Further, Liu teaches wherein a variation of the insertion position of the food support between different 2D images is determined by image analysis ([0061] image processing module 154 obtains the images captured by the one or more second sensors 142, and preprocesses the images to remove the background from the images based on the compartment baseline image captured before the insertion of the food item. The compartment baseline image captures the exact condition of the food support platform in the food cooking compartment of the food preparation system, and provides an excellent filter for the images containing the food item to remove the background).
Regarding claim 5, Liu modified with Campbell and Luckhardt teaches the method of claim 4.
Further, Liu teaches wherein special markings on the food support are considered to determine variation of the insertion position of the food support between different 2D images ([0061] imaging system includes a data storage system that stores the dimensions of the food cooking compartment, and the dimensions of the reference markers within the food cooking compartment, the distances between the camera and the various reference markers within the food cooking compartment, such that images taken by the cameras can be used to accurately determine the size and shape of the food items within the images).
Regarding claim 7, Liu modified with Campbell and Luckhardt teaches the method of claim 1.
Further, Liu teaches wherein at least a portion of the plurality of 2D images is captured during insertion of the food support into the cooking chamber ([0061] the image capturing is triggered when the image capture triggering system detects that there has been a change in the field of view of the camera. For example, when the oven door is opened, the lighting condition in the oven will be changed, and the image capturing will be triggered in response to the opening of the oven door. In some embodiments, the image capturing is triggered when the food item starts to appear in the field of view of the camera. In some embodiments, the image capturing is triggered when then food item is completely inserted and the oven door is closed).
Regarding claim 10, Liu modified with Campbell and Luckhardt teaches a cooking appliance configured to carry out the method of claim 1 (see rejection of claim 1 above), the cooking appliance comprising:
the cooking chamber (cooking chamber 400- cooking chamber 600 in Figure 4-Figure 6A/6C) for receiving a food product (food item 408; Figure 4) positioned on the food support (food pan 410 in Figure 4-Figure 6A/6C);
the treatment device for treating the food product (heating element 405a,405b in Figure 4);
the control device for controlling at least the treatment device ([0010] a method is performed by a computing system that is communicably coupled with a cooking appliance and that is configured to control one or more functions of the cooking appliance); and
the image capture device (first camera 406a and second camera 406b; Figure 4) for capturing images of the cooking chamber ([0086] First camera 406a and second camera 406b are heat-resistant image-capturing devices positioned inside cooking chamber 400).
Claim(s) 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu
(US20210080114), Campbell (US20220138976) and Luckhardt et al. (US20140041530), and further in view of Erbe et al. (DE102014210672- Machine translation provided herein).
Regarding claims 6 and 11, Liu modified with Campbell and Luckhardt teaches the method of claim 1 and the appliance of claim 10.
Further, Liu teaches wherein the image capture device has an optical axis which, during capture of the 2D images, is inclined relative to a vertical (see inclined first camera 406a and second camera 406b in Figure 4).
However, Liu fails to teach the optical axis is inclined by 20° to 40°.
In the same field of endeavor pertaining to cooking appliances, Erbe teaches the optical
axis is inclined by 20° to 30° (“It is an embodiment that an optical axis of the light pattern
projector and an optical axis of the camera are at an angle between 20 ° and 30 °”- see pg. 4).
Inclining the optical axis by 20° to 30° results in good visibility of the projected light pattern
with good depth resolution (“As a result, good visibility of the projected light pattern is
achieved with good depth resolution, and consequently a particularly reliable determination of
the three-dimensional shape of the at least one object”- see pg. 4).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the optical axis of Liu modified with Campbell and Luckhardt be inclined by 20° to 30°, as taught by Erbe, for the benefit of having good visibility of the projected light pattern with good depth resolution.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US20210080114), Campbell (US20220138976) and Luckhardt et al. (US20140041530), and further in view of Illek (DE10029382A1- Machine translation provided herein).
Regarding claim 8, Liu modified with Campbell and Luckhardt teaches the method of claim 7.
Luckardt teaches the insertion is carried at a constant speed ([0087] As the insertion speed is assumed to be constant, the calculated ratio shall also apply to the baking product 3 and related distances). The constant speed allows for the food support holder distance to be calculated as it moves through the chamber ([0087] Knowing the number of pixels and distances d corresponding to the tray section path, the ratio: number of distances per pixel can be calculated for the tray section path. As the insertion speed is assumed to be constant, the calculated ratio shall also apply to the baking product 3 and related distances).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the food support holder of Liu modified with Campbell be adjusted at a constant speed, as taught by Luckhardt, to calculate the food support holder distance as it moves into the chamber.
However, Liu modified with Campbell and Luckhardt fails to teach wherein the insertion is carried out by motorized retraction of the food support holder.
In the same field of endeavor pertaining to cooking appliances, Illek teaches insertion of
a food product is carried out by motorized retraction of a food support holder (“The pull-out
device can be designed particularly easily if The pull-out cooker is driven by a rotating chain or
belt drive is provided with a drive motor for pulling out and / or Inserting the pull-out cooker is
drivable”- see pg. 3). A motorized retraction of the food support holder allows for automating
the cooking appliance operation (“Automation is particularly important in highly rationalized
bakeries As many handling operations as possible are desired.… In addition, a pull-out cooker in
the essentially fully automatically from the oven to the recording table pulled out and also in
the opposite direction in the oven be retracted”- see pg. 4).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the insertion of the food product of Liu modified with Campbell and Luckhardt be carried out by motorized retraction of the food support holder, as taught by Illek, for the benefit of automating the cooking appliance operation.
Response to Arguments
Applicant’s arguments, see Remarks, filed 07/13/2026, with respect to the rejection(s) of claim(s) 1 and 10 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu (US20210080114), Campbell (US 20220138976) and Luckhardt et al. (US20140041530).
Conclusion
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/ARIELLA MACHNESS/Examiner, Art Unit 1743
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