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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 46-62) in the reply filed on June 17, 2025 is acknowledged.
Claims 63-65 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 17, 2025.
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.
Claims 46-49, 52-54, 56, 57 and 59-62 are rejected under 35 U.S.C. 103 as being unpatentable over Guo (CN 111358249A) in view of Salee (WO 96/36199). Guo teaches crockery 1 comprising a phase-change material mixture 2, wherein the phase-change material mixture 2 wherein the phase-change material mixture is positioned under a central portion of the crockery (figure 2) which is intended for placing food on, and not under an edge portion of the crockery which is intended for being free of food and for handling of the crockery (figures 1 and 2), wherein the phase-change material mixture is configured to be melted by means of microwave irradiation (capable of being melted by microwave irradiation).
Guo discloses the claimed invention except for the phase-change materials selected from the group of organic acids, organic alcohols and organic esters, and one or more organic microwave susceptors selected from the group of glycols, wherein the phase-change material mixture is contained in a plastic package. Salee teaches that it is known to provide phase-change materials selected from the group of organic acids, organic alcohols and organic esters, and one or more organic microwave susceptors selected from the group of glycols, wherein the phase-change material mixture is contained in a plastic package (see element 3, page 12 and claims 11 and 12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the crockery of Guo with the phase change material of Salee, in order to provide a material that possesses significant thermal storage ability and slow release of heat over time, as disclosed in Salee, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 47, the organic phase-change material has a melting point in the range of 30 to 120°C (see page 12 of Salee).
Regarding claim 48, the organic phase-change material, as modified by Salee, has a boiling point higher than 150°C (inherently has same boiling point as the present invention since the same material is used).
Regarding claim 49, the organic phase-change material, as modified by Salee, has a flash point higher than 150°C (inherently has the same flash point as the present invention since the same material is used).
Regarding claim 52, the microwave susceptor comprises monopropylene glycol and/or dipropylene glycol (see pages 2-3).
Regarding claim 53, the microwave susceptor is dipropylene glycol (see pages 2-3).
Regarding claim 54, the phase-change material mixture is substantially free from water (pages 12-13; multiple materials free from water are disclosed).
Regarding claim 56, the plastic package comprises PET film (see example 3).
Regarding claim 57, the crockery comprises material selected from the group of porcelain, plastic, stoneware, glass and tempered glass (ceramic, glass, enamel or plastic is disclosed).
Regarding claim 59, a 90-95% fraction of melted phase-change material mixture is obtained therein after heating 2 to 12 minutes at 250 to 1250 W in a microwave oven (modified material of Guo functions as set forth in the present claims since the material is the same as the present invention).
Regarding claim 60, the central portion of the crockery has an initial contact temperature of more than 75°C after the crockery is removed from the microwave oven, and this central portion remains in the temperature range of 70 to 50°C for at least 30 minutes, while the edge portion of the crockery has an initial contact temperature of less than 50°C after the crockery is removed from the microwave oven (inherently functions as set forth in claims since material is the same as the present invention).
Regarding claim 61, the plastic package is placed in a hollow space of the crockery (figure 4).
Regarding claim 62, Guo teaches a method for use of crockery 1 comprising a phase-change material mixture 2, wherein the phase-change material mixture 2 is positioned under a central portion of the crockery (figure 4) which is intended for placing food on, and not under an edge portion of the crockery which is intended for being free of food and for handling of the crockery (figures 1 and 2), wherein the phase-change material mixture is melted by means of microwave irradiation (capable of being melted by microwave irradiation).
Guo discloses the claimed invention except for the phase-change materials selected from the group of organic acids, organic alcohols and organic esters, and one or more organic microwave susceptors selected from the group of glycols, wherein the phase-change material mixture is contained in a plastic package. Salee teaches that it is known to provide phase-change materials selected from the group of organic acids, organic alcohols and organic esters, and one or more organic microwave susceptors selected from the group of glycols, wherein the phase-change material mixture is contained in a plastic package (see element 3, page 12 and claims 11 and 12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the crockery of Guo with the phase change material of Salee, in order to provide a material that possesses significant thermal storage ability and slow release of heat over time, as disclosed in Salee, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 50 and 51 are rejected under 35 U.S.C. 103 as being unpatentable over Guo (CN 111358249A) in view of Salee (WO 96/36199), as applied to claim 46 above, and further in view of Nakajima et al. (JP 2001299592A). The modified crockery of Guo discloses the claimed invention except for the organic phase-change material being an organic ester, behenyl behenate. Nakajima et al. teaches that it is known to provide phase-change materials which is an organic ester, behenyl behenate (see paragraphs [0007]-[0009]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified crockery of Guo with the phase change material being an organic ester, behenyl behenate, as taught by Nakajima et al., in order to provide a material that possesses significant thermal storage ability and slow release of heat over time, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 55 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over Guo (CN 111358249A) in view of Salee (WO 96/36199), as applied to claim 46 above, and further in view of Jain et al. (WO2014064519A2). The modified crockery of Guo discloses the claimed invention except for the microwave susceptor. Jain et al. teaches that it is known to provide phase-change materials with microwave susceptors. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified crockery of Guo with the microwave susceptor, as taught by Jain et al., in order to provide a material that possesses significant thermal storage ability and slow release of heat over time, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered but they are not persuasive. The amendment filed December 29, 2025 is sufficient to overcome the rejection under 35 U.S.C. 112, set forth in the previous Office Action.
Applicant argues that the modified invention of Guo does not teach that “the phase-change material mixture is positioned under a central portion of the crockery which is intended for placing food on and not under an edge portion of the crockery”, as set forth in claim 46. The examiner disagrees with this position. As shown in figures 1 and 2, the phase-change material is located in element 2 which is located under the central portion of the crockery. The angled side wall of the crockery does not have the phase-change material that is found in element 2. The modification of the Guo crockery proposes using the plastic package and phase-change material of Salee in the crockery of Guo. The location of the phase-change material of Guo remains unchanged.
In response to applicant's argument that Salee is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Salee is relevant because it concerns phase-change material that is to be heated in the microwave.
Regarding claim 60, Applicant argues that the modified crockery of Guo does not teach that the central portion has an initial contact temperature of more than 75 degrees and that the temperature range of 70-50 degrees for at least 30 minutes with the initial contact temperature of less than 50 degrees. First it should be noted that claim 60 is drawn to the crockery and not the method of using the crockery. It is the examiner’s position that under the appropriate conditions (power level and length of time that the crockery is heated in the microwave, outside temperature that the crockery remains in after removal from the microwave, type and amount of food in the crockery) the crockery would perform as set forth in claim 60 since the materials of the modified invention are the same materials of the present invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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