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 Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-9 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TW201349941A cited by applicant. Regarding claims 1 and 15, TW201349941A discloses induction heating cooker having a device (Figures 2, 4, 7, 8, 31, 33-34) for monitoring an emission temperature of at least one radiation emitting element (see pan or pot 7 in Figure 2; par. 0003), wherein the at least one radiation emitting element emits thermal radiation at the emission temperature (always the case), the device comprising - at least one light source (Figure 8: LED 50), wherein the light source is configured to emit optical radiation at least partially towards the at least one radiation emitting element (par.0157, par. 0159);- at least one radiation sensitive element (Figures 7-8: elements 25, 51, and par.0152), wherein the at least one radiation sensitive element has at least one sensor region (always the case for a radiation sensitive element), wherein the at least one sensor region comprises at least one photosensitive material selected from at least one photoconductive material (par. 0200): quantum-type infrared sensors can be used, implying a photoconductive material), wherein the at least one sensor region is designated for generating at least one sensor signal depending on an intensity of the thermal radiation emitted by the at least one radiation emitting element (always the case for a radiation sensor) and received by the sensor region within at least one wavelength range (always the case), wherein the sensor region is further designated for generating at least one further sensor signal depending on an intensity of the optical radiation emitted by the at least one light source and received by the sensor region within at least one further wavelength range (the LED 50 emits in the infrared domain and the detectors are infrared detectors), wherein the at least one radiation sensitive element is arranged in a manner that the thermal radiation travels through at least one transition material prior to being received by the at least one radiation sensitive element (the “transition material” is the panel 2 on which rests the pan 7), , wherein at least one of the at least one light source and the at least one radiation sensitive element is arranged in a manner that the optical radiation travels through the at least one transition material and impinges the at least one radiation emitting element prior to being received by the at least one radiation sensitive element (Figure 8); and - at least one evaluation unit (Figure 11: microcomputer 60, and par. 0171. par. 0192), wherein the at least one evaluation unit is configured to determine the emission temperature of the at least one radiation emitting element by using values for the intensity of the thermal radiation and the optical radiation (this is the purpose of the device). Regarding claim 2, TW201349941A discloses the at least one light source (LED 50) is or comprises an incandescent lamp or a thermal infrared emitter (29), wherein the thermal infrared emitter (29) is a micro- machined thermally emitting device which comprises a radiation emitting surface (par. 0213). Regarding claim 5, TW201349941A discloses the at least one wavelength range of the thermal radiation is completely comprised by the at least one further wavelength range of the optical radiation, or vice versa.(this is known for example, since the thermal emission from the pot is always broadband, while the LED 50 emits at around 930nm (par. 0231), which represents a narrow band part of the infrared domain within the transmissive domain of the ceramic glass cooktop (plain curve in Figure 20). Regarding claims 6-7, TW201349941A discloses the at least one evaluation unit is further configured to determine an emissivity of the at least one radiation emitting element, wherein the emissivity relates to an effectivity of the at least one radiation emitting element to emit the thermal radiation (par. 0234-par. 0238). Regarding claim 8, TW201349941A discloses at least one temperature sensor, wherein the at least one temperature sensor is designated for monitoring a temperature in at least one of the at least the one radiation sensitive element; or o the at least one transition material wherein the at least one evaluation unit is further configured to take into account the temperature measured by the at least one temperature sensor when determining the emission temperature of the at least one radiation emitting element (elements 20, 45 and par.0146, par. 0163, par. 0179). Regarding claim 9, TW201349941A discloses at least one reference radiation sensitive element, wherein the at least one reference radiation sensitive element has at least one covered sensor region, wherein the at least one covered sensor region comprises the same photosensitive material as the at least one radiation sensitive element and is being covered in a manner to impede that the reference radiation sensitive element receives the thermal radiation emitted by the at least one radiation emitting element, wherein the at least one the covered sensor region is designated for generating at least one reference signal, wherein the at least one evaluation unit is further configured to take into account the at least one reference signal when determining the emission temperature of the at least one radiation emitting element (element 26, and par. 0152, par. 0167).
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 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.
Claim(s) 1-2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102013108648A1 in view of Berkcan et al (US 6,140,617) both cited by applicant. Regarding claims 1 and 15, DE102013108648A1 discloses a cooking device with at least one measuring system having a device (Figure 3) for monitoring an emission temperature of at least one radiation emitting element (200, Figure 2, par. 0005)), wherein the at least one radiation emitting element emits thermal radiation at the emission temperature (always the case), the device comprising - at least one light source (Figure 3: element 63, 111), wherein the light source is configured to emit optical radiation at least partially towards the at least one radiation emitting element (par.0063-par. 0064);- at least one radiation sensitive element (Elements 13, 23), wherein the at least one radiation sensitive element has at least one sensor region (always the case), wherein the at least one sensor region is designated for generating at least one sensor signal depending on an intensity of the thermal radiation emitted by the at least one radiation emitting element (always the case for a radiation sensor) and received by the sensor region within at least one wavelength range (always the case), wherein the sensor region is further designated for generating at least one further sensor signal depending on an intensity of the optical radiation emitted by the at least one light source and received by the sensor region within at least one further wavelength range (par. 0049, par.0053, par. 0055), wherein the sensor region is further designated for generating at least one further sensor signal depending on an intensity of the optical radiation emitted by the at least one light source and received by the sensor region within at least one further wavelength range (par. 0072), wherein the at least one radiation sensitive element is arranged in a manner that the optical radiation travels through the at least one transition material and impinges the at least one radiation emitting element prior to being received by the at least one radiation sensitive element (par. 0069), wherein at least one of the at least one light source and the at least one radiation sensitive element is arranged in a manner and impinged the at least one radiation emitting element prior to being received by the at least one radiation sensitive element (par.0072); and - at least one evaluation unit (par. 0077), wherein the at least one evaluation unit is configured to determine the emission temperature of the at least one radiation emitting element by using values for the intensity of the thermal radiation and the optical radiation (this is the purpose of the device). However, DE102013108648A1 does not discloses the at least one sensor region comprises at least one photosensitive material selected from at least one photoconductive material. Berkcan discloses at least one sensor region comprises at least one photosensitive material selected from at least one photoconductive material (col. 4, lines 6-21). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in DE102013108648A1 the at least one sensor region comprises at least one photosensitive material selected from at least one photoconductive material as taught by Berkcan in order to suit user specific application. Regarding claim 2, DE102013108648A1 discloses the at least one light source (Figure 3: element 63, 111) is or comprises an incandescent lamp or a thermal infrared emitter, wherein the thermal infrared emitter is a micro- machined thermally emitting device which comprises a radiation emitting surface (par. 0063-par. 0064).
Claim(s) 3 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102013108648A1 in view of Berkcan et al (US 6,140,617) (or Berkcan’ 617), and further in view of Berkcan et al (US 6,169,486) (or Berkcan’486) all cited by applicant. Regarding claims 3 and 16, DE102013108648A1/Berkcan’617 discloses substantially all features of the claimed invention except at least one further radiation sensitive element, wherein the at least one further radiation sensitive element is designated for generating at least one still further sensor signal depending on the intensity of further thermal radiation emitted by the at least one transition material within at least one still further wavelength range, wherein the at least one transition material is not transparent or only partially transparent for the thermal radiation emitted by the radiation emitting element within the at least one still further wavelength range of the further thermal radiation, wherein the at least one evaluation unit is further configured to take into account the at least one still further sensor signal measured by the at least one further radiation sensitive element when determining the emission temperature of the at least one radiation emitting element. Berkcan’486 discloses at least one further radiation sensitive element, wherein the at least one further radiation sensitive element is designated for generating at least one still further sensor signal depending on the intensity of further thermal radiation emitted by the at least one transition material within at least one still further wavelength range, wherein the at least one transition material is not transparent or only partially transparent for the thermal radiation emitted by the radiation emitting element within the at least one still further wavelength range of the further thermal radiation, wherein the at least one evaluation unit is further configured to take into account the at least one still further sensor signal measured by the at least one further radiation sensitive element when determining the emission temperature of the at least one radiation emitting element (Figures 5, 9, and col. 6, line 53 to col. 8, line 45). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in DE102013108648A1/Berkcan’617 at least one further radiation sensitive element, wherein the at least one further radiation sensitive element is designated for generating at least one still further sensor signal depending on the intensity of further thermal radiation emitted by the at least one transition material within at least one still further wavelength range, wherein the at least one transition material is not transparent or only partially transparent for the thermal radiation emitted by the radiation emitting element within the at least one still further wavelength range of the further thermal radiation, wherein the at least one evaluation unit is further configured to take into account the at least one still further sensor signal measured by the at least one further radiation sensitive element when determining the emission temperature of the at least one radiation emitting element as taught by Berkcan’486 in order to suit user specific application.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102013108648A1 in view of Berkcan et al (US 6,140,617) (or Berkcan’ 617), and further in view of WO2018193045 all cited by applicant. Regarding claim 4, DE102013108648A1/Berkcan’617 discloses substantially all features of the claimed invention including ceramic glass cooktops are used in cited documents and the recited choice of spectral range is either explicitly disclosed in, or directly derivable from the transmission characteristic of the cooktops as shown, for example, (Berkcan’617, Figure 9; col. 6, lines 36-47; co. 8, lines 8-13), but does not disclose lead sulfide detectors are a straightforward choice for an infrared sensor. WO2018193045 discloses lead sulfide detectors are a straightforward choice for an infrared sensor (Figure 3; page 60, lines 22-31). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in DE102013108648A1/Berkcan’617 lead sulfide detectors are a straightforward choice for an infrared sensor as taught by WO2018193045 in order to provide spectral range corresponds to their higher density.
Claim(s) 11-14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over TW201349941A, in view of JP2013004328A both cited by applicant. Regarding claim 11, TW201349941A discloses substantially all features of the claimed invention except at least one optical radiation shielding, wherein the optical radiation shielding is configured to shield at least one of the at least one radiation sensitive element and the at least one further radiation sensitive element from being directly illuminated by the optical radiation emitted by the at least one light source. JP2013004328A discloses at least one optical radiation shielding, wherein the optical radiation shielding is configured to shield at least one of the at least one radiation sensitive element and the at least one further radiation sensitive element from being directly illuminated by the optical radiation emitted by the at least one light source (Figure 6; element 55, par.0045). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in TW201349941A at least one optical radiation shielding, wherein the optical radiation shielding is configured to shield at least one of the at least one radiation sensitive element and the at least one further radiation sensitive element from being directly illuminated by the optical radiation emitted by the at least one light source as taught by JP2013004328A in order to block or reduce the optical radiation and intense visible light. Regarding claims 12 and 17, JP2013004328A discloses at least one heating unit (7), wherein the at least one heating unit (7) is designated for heating the at the least one radiation emitting element via the at least one transition material (par. 0024); and - at least one control unit (Figure 13), wherein the at least one control unit is designated for controlling an output of the at least one heating unit (7) based on the emission temperature of the at least one radiation emitting element determined by the device for monitoring the emission temperature of at least one radiation emitting element (par. 0058. Par. 0060, par, 0063). Regarding claim 13, JP2013004328A discloses the at least one heating unit (7) comprises at least one heating element (14a) having at least one opening designated in a manner that the thermal radiation emitted by the at least one radiation emitting element and the optical radiation emitted by the at least one light source travel through the at least one opening (Figure 3). Regarding claim 14, JP2013004328A discloses at least one heat shielding (33), wherein the at least one heat shielding (33) is designated for shielding the at least one device for monitoring the emission temperature of the at least one radiation emitting element from the at least one heating unit (7), and wherein the at least one heat shielding (33) comprises at least one aperture (15a) designated in a manner that the thermal radiation emitted by the at least one radiation emitting element (LED 50) and the optical radiation emitted by the at least one light source (35) travel through the at least one aperture (par. 0041, par. 0087).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over TW201349941A, in view of JP2013004328A, and further in view of Engelmann et al (US 6,300,606) all cited by applicant. Regarding claim 18,TW201349941A/JP2013004328A discloses substantially all features of the claimed invention except a boil-dry condition in the at least one radiation emitting element after an aqueous liquid has been completely evaporated by using a temporal course of the emission temperature of the at least one radiation emitting element; and preventing an operation of the at least one heating unit after the presence has been confirmed. Engelmann discloses the steps of determining a presence of a boil-dry condition by using a temporal course of the emission temperature (Figures 1 and 6). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in TW201349941A/JP2013004328A of determining a presence of a boil-dry condition by using a temporal course of the emission temperature as taught by Engelmann in order to provide a completed heating.
Claim 10 is 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Tominaga et al (US 8,729,434) discloses induction cooking device. Sakakibara et al (US 8,796,599) discloses induction heat cooking device capable of preheating object using an output value of an infrared sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG T VAN whose telephone number is (571)272-4789. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 July 14, 2026
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