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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 11, and 14-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2009/0065493 by Hines (hereinafter “Hines”).
Regarding claim 1, Hines teaches a cooking appliance (Abstract), comprising:
a cabinet defining a cooking chamber (Fig 4 inner housing 10 defines cooking chamber 40);
an air inlet located on a wall of the cooking chamber (Fig 6 circulating air outlet 19 is an air inlet to circulating air feed channel 39);
a convective heating module disposed within the cabinet and comprising:
a convection fan fluidly coupled to the air inlet for circulating air through the cooking chamber (Fig 4 air circulating fan 60);
a heating element positioned adjacent the convection fan (Fig 4 heating elements 48); and
a heat exchanger comprising a set of fins arranged to confront the heating element, the set of fins being movable between a first position and a second position, with the set of fins at least partially blocking radiative heat transfer from the heating element to the cooking chamber when in the second position (Fig 7 slide plate 53 comprises shielding lands/fins 55, which can be slid from a heat radiation blocking position 56 shown with oven “C” on the left side of Fig 3, and a heat radiation non-blocking position 58, shown with oven “D” on the right side of Fig and 3; paragraph [0037]), and
a controller operably coupled to the convective heating module and comprising a convective cycle wherein the convection fan circulates air through the cooking chamber, and a non-convective cycle wherein the convection fan does not circulate air through the cooking chamber; (Hines claim 14, controller controls heating elements 48 and convection fan 60; the fan control implicitly has at least on/off settings, where the fan circulates air when on and does not circulate air when off);
wherein, during the convective cycle, the set of fins are arranged in the second position and configured to absorb thermal radiation from the heating element and to re-emit thermal energy into the cooking chamber (the referenced structure is capable of this use arrangement; note that, for this apparatus claim, this limitation is being interpreted as a functional limitation describing a function that the structure is capable of performing).
Regarding claim 2, Hines teaches that the convective heating module further comprises a housing bounding an interior space (Fig 6 housing comprised of 22/24/30/14 of first wall means 11 and third wall means 41 bounding horizontal upper heating cavity 45 and channel 39; paragraph [0031]), with each of the convection fan and the heating element disposed within the interior space (Fig 6 convection fan 60 and heating element 48 disposed in upper heating cavity 45 of interior space 45/39).
Regarding claim 3, Hines further teaches that the housing at least partially defines the cooking chamber (Figs 4 and 6, wall 41 of the housing at least partially defines cooking chamber 40).
Regarding claim 4, Hines teaches that the cooking appliance further comprises a set of apertures in the housing fluidly coupling the interior space to the cooking chamber (Figs 4 and 6, apertures include at least circulating air outlet 19 and the spacing between upper section 43 of third wall means 41 and front wall portion 34 which is partially covered by slide plate 53).
Regarding claim 5, Hines teaches that the set of apertures comprises the air inlet in registry with the convection fan (Figs 4 and 6, apertures comprise air inlet 19).
Regarding claim 6, Hines teaches that the set of apertures further comprises a heating inlet in registry with the heating element (Fig 4, apertures comprise the spacing between upper section 43 of third wall means 41 and front wall portion 34 which is partially covered by slide plate 53).
Regarding claim 7, Hines further teaches that the set of fins are coupled to the housing (Fig 2 slide plate 53 including fins 55 coupled to housing at support ledges 51 in side walls 22 of housing) and configured to at least partially close the heating inlet when in the second position (Fig 3 in second position 56, fins 55 at least partially close heating inlet).
Regarding claim 8, Hines teaches that the convection fan is thermally coupled to the heating element within the interior space (Figs 4-6; paragraph [0038]).
Regarding claim 11, Hines teaches that the convective heating module is positioned on a top surface of the cooking chamber (Fig 4).
Regarding claim 14, Hines teaches a convective heating module for a cooking appliance having a cooking chamber, the convective heating module comprising:
a convection fan for circulating air through the cooking chamber (Fig 4 air circulating fan 60);
a heating element positioned adjacent the convection fan (Fig 4 heating elements 48); and
a heat exchanger comprising a set of fins arranged to confront the heating element, the set of fins being movable between a first position and a second position, with the second position inhibiting thermal radiation transfer from the heating element to the cooking chamber; (Fig 7 slide plate 53 comprises shielding lands/fins 55, which can be slid from a heat radiation blocking position 56 shown with oven “C” on the left side of Fig 3, and a heat radiation non-blocking position 58, shown with oven “D” on the right side of Fig 3; paragraph [0037]).
wherein, during operation of the convection fan for circulating air, the set of fins are arranged to absorb incident thermal radiation from the heating element and to re-emit thermal energy into the cooking chamber (the fins of the referenced structure perform this function).
Regarding claim 15, Hines teaches that the convective heating module further comprises a housing bounding an interior space (Fig 6 housing comprised of 22/24/30/14 of first wall means 11 and third wall means 41 bounding horizontal upper heating cavity 45 and channel 39; paragraph [0031]), with each of the convection fan and the heating element disposed within the interior space (Fig 6 convection fan 60 and heating element 48 disposed in upper heating cavity 45 of interior space 45/39).
Regarding claim 16, Hines teaches that the cooking appliance further comprises a set of apertures in the housing defining an air inlet in registry with the convection fan (Figs 4 and 6, air inlet 19) and a heating inlet in registry with the heating element (Fig 4, the spacing between upper section 43 of third wall means 41 and front wall portion 34 which is partially covered by slide plate 53).
Regarding claim 17, Hines further teaches that the set of fins are coupled to the housing (Fig 2 slide plate 53 including fins 55 coupled to housing at support ledges 51 in side walls 22 of housing) and configured to at least partially close the heating inlet when in the second position (Fig 3 in second position 56, fins 55 at least partially close heating inlet).
Regarding claim 18, Hines teaches that the convection fan is thermally coupled to the heating element within the interior space (Figs 4-6; paragraph [0038]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9-10, 12-13, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of US 2022/0142404 by Conrad et al (hereinafter “Conrad”).
Regarding claim 9, Hines teaches the cooking appliance of claim 1. Hines teaches an actuator operably coupled to the set of fins for movement between the second position and the first position (Fig 7 operator uses tab 104 to move fins 55 between first and second position; paragraph [0037]). But Hines does not teach that the actuator is communicatively coupled to the controller.
However, Conrad similarly teaches a cooking appliance (Fig 5 cooking appliance 100) having a convective heating module with a convection fan (Fig 5 air mover 124), a heating element (Fig 5 heating elements 120), and a heat exchanger comprising a set of fins arranged to confront the heating element, the set of fins being movable between a first position and a second position, with the set of fins at least partially blocking radiative heat transfer from the heating element to a cooking chamber when in the second position (Fig 18 IR shield 224; paragraph [0174]). Conrad teaches that the cooking appliance further comprises an actuator communicatively coupled to the controller and operably coupled to the set of fins for movement between the second position and the first position (Fig 18 actuator 242, which may be activated by the controller; paragraph [0175]).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking appliance of Hines such that an actuator is communicatively coupled to the provided controller in order to automatically control the fins to move between the first and second position, as taught by Conrad. Conrad teaches that moving the fins via the controller is an equivalent alternative to manual control. Furthermore, it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art (MPEP 2144.04-III).
Regarding claim 10, Hines teaches that the cooking appliance further comprises a common shaft coupling the actuator to each fin in the set of fins, wherein the set of fins is collectively movable between the second position and the first position by way of the common shaft (Fig 7 actuator 104 is coupled to fins 55 by shaft structures at side edges of slide plate 53 that connect fins 55 such that the set of fins is collectively moveable).
Regarding claims 12 and 19 (same limitation, different dependencies), Hines teaches the cooking appliance of parent claims 1 and 14 (see claim 1 and claim 14 rejections above). But Hines does not explicitly teach that the heating element comprises one or more quartz tubes.
However, Conrad similarly teaches a cooking appliance (Fig 5 cooking appliance 100) having a convective heating module with a convection fan (Fig 5 air mover 124), a heating element (Fig 5 heating elements 120), and a heat exchanger comprising a set of fins arranged to confront the heating element, the set of fins being movable between a first position and a second position, with the set of fins at least partially blocking radiative heat transfer from the heating element to a cooking chamber when in the second position (Fig 18 IR shield 224; paragraph [0174]). Conrad further teaches that the heating element comprises one or more quartz tubes (paragraph [0121], heating element 120, such as the tube element shown in Fig 5, may be quartz).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking appliance of Hines by using quartz tubes for the heating elements. Hines discloses the claimed invention except for the heating elements comprising quartz tubes. Conrad teaches that quartz tubes are one of several equivalent structures known in the art for use as heating elements, along with electrical resistive elements (Conrad paragraph [0121]). Thus, the use of the known quartz heating element taught by Conrad for the heating elements taught by Hines producing a predictable result renders the claim obvious before the effective filing date of the invention.
Regarding claims 13 and 20 (same limitation, different dependencies), Hines teaches the cooking appliance of parent claims 1 and 14 (see claim 1 and claim 14 rejections above). But Hines does not teach that the set of fins comprise louvered fins that are rotatable between the first position and the second position.
However, Conrad similarly teaches a cooking appliance (Fig 5 cooking appliance 100) having a convective heating module with a convection fan (Fig 5 air mover 124), a heating element (Fig 5 heating elements 120), and a heat exchanger comprising a set of fins arranged to confront the heating element, the set of fins being movable between a first position and a second position, with the set of fins at least partially blocking radiative heat transfer from the heating element to a cooking chamber when in the second position (Fig 21 IR shield 224). Conrad further teaches that the set of fins comprise louvered fins that are rotatable between the first position and the second position (paragraph [0177]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking appliance of Hines by making the set of fins to comprise louvered fins that are rotatable between the first position and the second position, as taught by Fig 21 of Conrad. Hines discloses the claimed invention except that the set of fins is comprised of slidable plates. Conrad teaches that rotatable louvered fins are an equivalent structure known in the art. Therefore, because these two fin structures were art-recognized- equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the rotatable louvered fins of Conrad for the sliding plate structure of Hines. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious before the effective filing date of the invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2004/0129692 by Kim et al teaches a cooking appliance convective heating module with a convection fan and associated air inlets located adjacent to heating elements and associated heating inlets similar to those of the instant application (Fig 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM.
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/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762
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