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 .
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.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over CN113080688A (Herein ‘688).
Claim 1: ‘688 teaches a device comprising a water storage tank (Fig. 1, 4), a heating base (Fig. 1, 1) fixedly connected to a heating plate (Fig. 3, 6), a heating wire (Page 8, para. 3), the heating plate (6) is clearly connected to/in the middle of the heating base (1) and, therefore, there must be a connector. There is a top cover (2), with an installation block (3), outer walls of the manipulator have an air outlet (3) connected to a filter (31).
‘688 does not teach that there are two sides to the manipulator or that there are air outlets on the two sides connected to a filter.
‘688’s shape is round. Changing the shape to be a square shape is an obvious design choice that is not critical to the invention and does not change the functioning of the device. See MPEP 2144.04, In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Claim 3: ‘688 teaches that there is a heating wire and a heating plate but do not teach specifically a power cord for providing power.
Power cords are well-known in the art for providing electricity to heating devices.
One of ordinary skill in the art at the time of the invention would have found it obvious that ‘688’s disclosure of a heating wire and function of heating necessarily requires a power source wherein power cords are routine in the art used for this purpose.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over CN113080688A (Herein ‘688) in view of Wen (CN114081336).
Claim 2: ‘688 does not teach a clamp.
Wen teaches a cooking device comprising a food box (1) and a box cover (12) wherein the box cover has a clamping device (Page 4/9, para. 5). Clamping devices help keep lids and covers closed.
One of ordinary skill in the art at the time of the invention would have found it obvious to modify ‘688 to include a clamp for the benefit of allowing for closing and securing the lid to the base.
Claim 5: ‘688 appears to teach a display (Fig. 1, front panel with a display space) and a switch (Fig. 1, buttons on front of 1). ‘688 does not teach a temperature sensor or that the switches are specifically a power switch and it is provided on the manipulator.
Wen teaches a temperature sensor for the benefit of controlling temperature in the desired range (page 7/9, para. 3).
One of ordinary skill in the art at the time of the invention would have found it obvious to include a temperature sensor for monitoring and controlling the temperature in ‘688’s cooking device.
Wen also teaches a power switch button (page 7/9, para. 6) which allows for turning the device on and off.
One of ordinary skill in the art at the time of the invention would have found it obvious that the buttons shown in ‘688 include a power switch for allowing turning on and off of the device. While the switch is not shown on the lid, providing the switch on the lid or the manipulator rather than on the bottom portion is an obvious design choice and does not result in a patentable difference in the claims versus the prior art as one of ordinary skill in the art could place the power switch wherever is best for the product design.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN113080688A (Herein ‘688) in view of CN117137308A (Herein ‘08A).
Claim 4: ‘688A does not teach a handle and an observation window.
‘08A teaches a similar food preparation device and teaches a handle on the lid (Fig. 1, see the handle on the top of the device). Handles are known in the art for allowing manipulation and movement of the lid.
One of ordinary skill in the art at the time of the invention would have found it obvious to provide a handle on the lid of ‘688A for easily opening/closing and manipulation.
Neither device teaches an observation window.
However, the observation window does not provide any patentable functionality or difference between the claims and the prior art; it is not critical to the invention. Observation windows are known in the art for allowing a view into a device. Providing an observation window in ‘08A would have been obvious to allow viewing into the device but ultimately does not change the function or patentability of the device.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over CN113080688A (Herein ‘688) in view of CN212849887U (Herein ‘887).
Claim 6 and 7: ‘688 teaches that the device is heated electrically. They do not teach that there is a charging port connected to a battery.
‘887 teaches that batteries that can be charged are known for their use in powering household appliances/devices (page 3 of 8, and the entire document).
One of ordinary skill in the art at the time of the inventio would have found it obvious to include a battery and a charging port in ‘688’s device for the benefit of allowing for portability and charging of the device. The location of the port being on the manipulator or lid is an obvious design choice as the location of the charging port does not result in any patentable difference between the claimed device and the prior art. It was within the routine skill of one of ordinary skill in the art to determine placement for the battery and charging port based on the desired final design.
Allowable Subject Matter
Claim 8 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLISON FITZSIMMONS whose telephone number is (571)270-1767. The examiner can normally be reached M-F 9:30 am - 2:00 pm.
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ALLISON FITZSIMMONS
Primary Examiner
Art Unit 1773
/ALLISON G FITZSIMMONS/Primary Examiner, Art Unit 1773
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