DETAILED ACTION
This office action is responsive to the amendment filed on 05/20/26. As directed by the amendment: claims 1, 10, 11, and 13 has been amended; claims 14 and 15 have been cancelled; and claims 21-22 have been added. Thus, claims 1-13 and 16-22 are presently pending in this application.
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.
Claims 1 and 4-13, 16, 17, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 20200329909) in view of Bedford et al. (US 5,103,800) and Baumann (US 20050183583).
With regard to claim 1, Conrad teaches a method (FIGS. 24, 25, 27, and 28) comprising cooking food in a cooking chamber (104, FIG. 43), wherein a moisture control apparatus is coupled to cooking chamber (104, FIG. 43); during cooking : a moisture control apparatus (412/416/420/216, FIG. 43) allowing or disallowing a flow of water or a mixture of water containing water through at least one nozzle (water indicated by spray from nozzle 412, FIG. 43) via a dispersal portion (water exit/end portion of 412) of the moisture control apparatus (412/416/420/216); and providing the flow of water as a spray of water particles to a cooking surface (160) of the cooking chamber (104) (FIG. 43)(“Spray nozzle 412 may be any device suitable to distribute liquid drawn by pump 416 onto the surfaces inside cooking chamber 104. In some embodiments, cooking apparatus 100 includes a plurality of spray nozzles 412 that receive liquid from liquid reservoir 408 (e.g. via pump 416 or another pump) to provide more complete coverage over the surfaces within cooking chamber 104….”, para. [0241]), wherein the dispersal portion is located inside of the cooking chamber (104) and comprises i) a conduit (portion of 420) coupled to the cooking chamber (104) and ii) at least one nozzle (412) connected to the conduit, wherein the control portion (216) is located outside of the cooking chamber (104) and is coupled to the dispersal portion (412) (see FIG. 43).
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Conrad does not teach in the cited primary embodiment actuating a first control valve of a control portion of a moisture control apparatus between an open position and a closed position so as to allow or disallow a flow of water or a mixture containing water into a cooking chamber of a cooking device when the control valve is in the open position; however, in another embodiment Conrad teaches actuating a first control valve (272) of a control portion of a moisture control apparatus (136) between an open position and a closed position (“a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27.”, para. [0197]) so as to allow or disallow a flow of water or a mixture containing water into a cooking chamber (180) of a cooking device.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to primary embodiment of the device in the Conrad reference, to include a first control valve of a control portion of a moisture control apparatus between an open position and a closed position so as to allow or disallow a flow of water or a mixture containing water into a cooking chamber of a cooking device as suggested and taught in the alternative embodiment of the Conrad reference for the purpose of providing particularized control of a water dispersal function (Conrad: “FIGS. 26-27 illustrate steam generators 136 in which water may travel from water reservoir 256 to steaming plate 260 by gravity alone, and a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27….”, para. [0197]).
Although Conrad teaches the structural limitations of the instant claim, Conrad does not explicitly teach a flow of water or mixture containing water to food cooking in a cooking chamber and providing the flow of water as a spray of water particles to the food cooking in the cooking chamber, it is submitted that to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will obviously perform the method steps as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01(I)". Notwithstanding the foregoing, it is submitted that it is well known in the art to utilize steam or a flow/mixture of water to cook food as taught by Bedford which teaches: “the nozzle of the present invention can be used with almost any conventional steam cooking device which injects steam into a cooking chamber, the operation of which is well-known in the art” (col. 2, ln. 50-56); “steam cooking device 10 includes a steam generating chamber 14 containing a heating element 18. The heating element 18 is positioned in the steam generating chamber 14 to heat water 22 which is introduced into the steam generating chamber 14 via conduit 26. After water 22 has been introduced into the steam generating chamber 14, the heating element 18 is activated to heat water 22 to 212° F. to produce steam. The steam rises to the top of the steam generating chamber 14 where it is transported to the cooking chamber 30 of the steam cooking device 10.”, (col. 2, ln. 60 to col. 3, ln. 2).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, such that the controller of Conrad is adapted such that a flow of water or mixture containing water to food cooking in a cooking chamber and providing the flow of water as a spray of water particles to the food cooking in the cooking chamber, as suggested and taught by Bedford, for the purpose of providing an additional new function related to a cooking function utilizing existing structure related to steam injection into a cooking chamber.
With regard to the limitation of the cooking device is a smoker, a pellet grill, a propane grill, or any other type of grill (which was previously included in the now cancelled claim 14), it is submitted that as the claim is directed to a method, the specific structure related to the type of device (i.e., smoker, pellet grill, propane grill or any other type of grill) with which the method applies is not provided patentable weight. More specifically, it must be stressed that although the mere recitation of structure in a method claim does not render the claim improper or unstatutory, the patentability of method claims generally cannot be predicated solely on structural limitations recited therein (Ex parte Dammers, 155 USPQ 284 (Bd. App. 1961)). Patentability of a method cannot depend upon the apparatus used to perform the method, especially where, as here, it has been established that the method as claimed can be performed by the prior art as described above.
With regard to the limitation of the food being cooked within a grill or a smoker, it is submitted that as the claim is directed toward a method, the specific structural limitations claimed have limited patentable weight as a method claim relates to steps and/or process rather than a physical product. Notwithstanding the foregoing, the Examiner submits that it is well known to utilize a grill within the context of a moisture control apparatus as evidenced by Baumann which is from the same field of endeavor directed toward a grill unit for use especially in commercial kitchens teaches that it is known to utilize a spray system within the context of a grill platform (“The rear-end face of the enclosure 4 connects to a service area 28 that contains a seasoning and spray system 30 featuring a hot-water/steam generator 32 whose first intake port connects, via a solenoid valve 34, to a water pipe 36 while its second intake port connects, via a metering dispenser 38 and a solenoid valve 40, to a spice cartridge 42. The outlet of the hot-water/steam generator 32 leads via a solenoid valve 44 and a pump or compressor 46 to another solenoid valve 48 whose first output port leads to the upper grill platform 16, its second output port to the lower grill platform 20.”, para. [0024]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, to include the food being cooked within a grill or a smoker, as suggested and taught by Baumann, for the purpose of providing a steam/liquid based spray at predetermined locations of a food product situated on a grill (Baumann, para. [0024]).
With regard to claim 4, Conrad teaches actuating is performed by a wireless receiver configured to communicate with an application running on a mobile device (“As used herein and in the claims, a first element is said to be ‘communicatively coupled to’ or ‘communicatively connected to’ or ‘connected in communication with’ a second element where the first element is configured to send or receive electronic signals (e.g. data) to or from the second element, and the second element is configured to receive or send the electronic signals from or to the first element. The communication may be wired (e.g. the first and second elements are connected by one or more data cables), or wireless (e.g. at least one of the first and second elements has a wireless transmitter, and at least the other of the first and second elements has a wireless receiver). The electronic signals may be analog or digital. The communication may be one-way or two-way. In some cases, the communication may conform to one or more”, para. [0115]). With regard to the limitation of the control portion that is operably connected to the first control valve, it is submitted that it would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art to utilize the control valve 272 of the alternative embodiment of Conrad as claimed for the purpose of providing particularized control of a water dispersal function (Conrad: “FIGS. 26-27 illustrate steam generators 136 in which water may travel from water reservoir 256 to steaming plate 260 by gravity alone, and a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27….”, para. [0197]).
With regard to claim 5, Conrad teaches the wireless receiver actuates the first control valve (272) between the open position and the closed position based on one or more communications received from the application (“a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27.”, para. [0197]; “As used herein and in the claims, a first element is said to be ‘communicatively coupled to’ or ‘communicatively connected to’ or ‘connected in communication with’ a second element where the first element is configured to send or receive electronic signals (e.g. data) to or from the second element, and the second element is configured to receive or send the electronic signals from or to the first element. The communication may be wired (e.g. the first and second elements are connected by one or more data cables), or wireless (e.g. at least one of the first and second elements has a wireless transmitter, and at least the other of the first and second elements has a wireless receiver). The electronic signals may be analog or digital. The communication may be one-way or two-way. In some cases, the communication may conform to one or more”, para. [0115]).
With regard to claim 6, Conrad teaches actuating is performed by a microcontroller (216) of the control portion that is electrically connected to the first control valve (272) (“a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27.”, para. [0197]; “As used herein and in the claims, a first element is said to be ‘communicatively coupled to’ or ‘communicatively connected to’ or ‘connected in communication with’ a second element where the first element is configured to send or receive electronic signals (e.g. data) to or from the second element, and the second element is configured to receive or send the electronic signals from or to the first element. The communication may be wired (e.g. the first and second elements are connected by one or more data cables), or wireless (e.g. at least one of the first and second elements has a wireless transmitter, and at least the other of the first and second elements has a wireless receiver). The electronic signals may be analog or digital. The communication may be one-way or two-way. In some cases, the communication may conform to one or more”, para. [0115]).
With regard to claim 7, Conrad teaches the control portion further comprises a relay is electrically connected to the microcontroller (216) and to the first control valve (272)(“ Controller 216 may include one or more electrical or electro-mechanical devices (e.g. processor(s), memory, relay(s), switch(es), etc.) that are configured (e.g. wired and programmed) to regulate the operation of the cooking devices of cooking apparatus 100 to execute a cooking program (e.g. selected by the user).”, para. [0163]), wherein the microcontroller (216) actuates the first control valve (272) between the open position and the closed position via the relay (para. [0163]; “a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27.”, para. [0197]).
With regard to claim 8, Conrad teaches the control portion further comprises a housing (microcontroller 216 in a housing as illustrated in FIG. 216), in which the microcontroller (216) and the first control valve (272) are both contained inside of the housing (FIG. 27 illustrates the valve 272 controlled by a controller 216 with a nozzle above plate 260; the valve 272 and microcontroller 216 are inherently and necessarily outside the cooking chamber 104 as FIG. 28 illustrates only nozzle 304 of the steam generator system situated within cooking chamber 104 and valve 272 is connected to the nozzle with steaming plate 260 situated therebelow as illustrated in FIG. 27; notwithstanding the foregoing, it is submitted that no unexpected results have been presented with regard to the location of the microcontroller and valve being co-located in the housing either within the written description of the instant patent application and/or Applicant’s arguments which provide such a suggestion).
With regard to claim 9, Conrad teaches an outlet of the first control valve (272) is fluidly coupled to the at least one nozzle (FIG. 27 illustrates the valve 272 controlled by a controller 216 with a nozzle above plate 260; with regard to the valve 272 and microcontroller 216, FIG. 28 illustrates only nozzle 304 of the steam generator system situated within cooking chamber 104 and valve 272 is connected to the nozzle with steaming plate 260 situated therebelow as illustrated in FIG. 27). It is submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to primary embodiment of the device in the Conrad reference, to include the first control valve (272) with the nozzle (412, FIG. 43) as to allow or disallow a flow of water or a mixture containing water into a cooking chamber of a cooking device as suggested and taught in the alternative embodiment of the Conrad reference for the purpose of providing particularized control of a water dispersal function (Conrad: “FIGS. 26-27 illustrate steam generators 136 in which water may travel from water reservoir 256 to steaming plate 260 by gravity alone, and a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27….”, para. [0197]).
With regard to claim 10, Conrad describes cutting a hole in a wall of a cooking chamber (hole is situated in upper wall of cooking chamber 104 as illustrated in FIG. 43 in which a flow path/conduit 420 is extending through said hole); and attaching the conduit (420) of the dispersal portion to the wall of the cooking chamber (104) (see FIG. 43)
With regard to claim 11, Conrad describes cutting a hole in a wall of a cooking chamber (104) (hole is situated in upper wall of cooking chamber 104 as illustrated in FIG. 43 in which flow path/conduit 420 is extending through said hole); and assembling the moisture control apparatus ((412/416/420/216, FIG. 43)) via the hole (FIG. 43).
With regard to claim 12, Conrad describes assembling a moisture control apparatus (412/416/420/216, FIG. 43) via the hole comprises (hole is situated in upper wall of cooking chamber 104 as illustrated in FIG. 43 in which flow path/conduit 420 is extending through said hole): placing a dispersal portion (end portion of nozzle 412) of the moisture control apparatus (412/416/420/216, FIG. 43) inside the cooking chamber (104) such that a longitudinal axis of the dispersal portion runs through a center of the hole in the wall (see FIG. 43 in which the end portion/dispersal portion of nozzle 412 with the flow path/conduit 420 is situated through a center of the hole in the wall); placing the control portion (216) of the moisture control apparatus outside of the cooking chamber (104) such that a center of a conduit (420; FIG. 43) of the control portion that connects with the dispersal portion is aligned with the center of the hole in the wall (hole is situated in upper wall of cooking chamber 104 as illustrated in FIG. 43 in which nozzle 412 of flow path/conduit 420 is extending through said hole); and connecting the dispersal portion and the control portion to one another (FIG. 43).
With regard to claim 13, Conrad describes attaching the moisture control apparatus (412/416/420/216, FIG. 43) to the wall of the cooking chamber (104) of the cooking device (see FIG. 43 in which moisture control apparatus (412/416/420/216, FIG. 43) is attached to upper wall).
With regard to claim 16, Conrad teaches dispersing the water particles into the mist or fog with the at least one nozzle (“steam generator 136 may be an ultrasonic vaporizer including a nebulizer 332 that vibrates rapidly within a volume of water 336 to vaporize water into water mist”, para. [0207]).
With regard to claim 17, Conrad teaches in a primary embodiment pumping water from a reservoir (408) through a nozzle 412 (FIG. 43). It is submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to adapt the primary embodiment of the device in the Conrad reference, to include a first control valve of a control portion of a moisture control apparatus between an open position and a closed position so as to allow or disallow a flow of water or a mixture containing water into a cooking chamber of a cooking device as suggested and taught in the alternative embodiment of the Conrad reference for the purpose of providing particularized control of a water dispersal function (Conrad: “FIGS. 26-27 illustrate steam generators 136 in which water may travel from water reservoir 256 to steaming plate 260 by gravity alone, and a valve 272 may be selectively opened or closed to regulate the flow rate. The valve 272 may be manually operable (i.e. by hand) as seen in FIG. 26. Alternatively or in addition, valve 272 may be communicably coupled to controller 216 and movable been open and closed positions according to control signals from controller 216, as shown in FIG. 27….”, para. [0197]).
With regard to claim 21, Conrad teaches during cooking, contacting the food with combustion gases, smoke, or both combustion gases and smoke in the cooking chamber of the grill or smoker (“heating elements 120 may include any one or more (or all) of resistive heating elements (i.e. that produce heat through electrical resistance), flame heating elements (i.e. that produce heat by burning fuel, such as natural gas, propane, or butane for example), and infrared heating elements (e.g. including quartz, calrod, or nichrome wire). Heating elements 120 may include a ceramic or mica board insulating support. One or more (or all) of heating elements 120 may extend within chamber interior volume 112 as shown (i.e. may be positioned wholly or partially within chamber interior volume 112), or may be positioned wholly outside of chamber interior volume 112.”, para. [0121]).
With regard to claim 22, Conrad teaches during actuating, contacting the food with combustion gases, smoke, or both combustion gases and smoke in the cooking chamber of the grill or smoker (“heating elements 120 may include any one or more (or all) of resistive heating elements (i.e. that produce heat through electrical resistance), flame heating elements (i.e. that produce heat by burning fuel, such as natural gas, propane, or butane for example), and infrared heating elements (e.g. including quartz, calrod, or nichrome wire). Heating elements 120 may include a ceramic or mica board insulating support. One or more (or all) of heating elements 120 may extend within chamber interior volume 112 as shown (i.e. may be positioned wholly or partially within chamber interior volume 112), or may be positioned wholly outside of chamber interior volume 112.”, para. [0121]).
Claims 2, 3, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 20200329909) in view of Bedford et al. (US 5,103,800) and Baumann (US 20050183583) as detailed above, and further in view of Chen (CN 212186419).
With regard to claim 2, Conrad teaches the invention as claimed as detailed above, and additionally Conrad teaches “a controller 216 which is communicatively coupled to the cooking devices (e.g. heating elements 120, air movers, 124, and steam generators 136) associated with the plurality of cooking zones (e.g. first and second zones 180 1 and 180 2) defined within cooking chamber 104. Controller 216 may include one or more electrical or electro-mechanical devices (e.g. processor(s), memory, relay(s), switch(es), etc.) that are configured (e.g. wired and programmed) to regulate the operation of the cooking devices of cooking apparatus 100 to execute a cooking program (e.g. selected by the user).”, para. [0163]; however, Conrad does not teach actuating is performed manually with a button that is mechanically connected to the first control valve. However, Chen teaches utilizing a button to actuate the flow of water (“a hot water valve 9 is arranged between the kitchen hot water and the pump water inlet pipe 11, and a cold water valve 10 is arranged between the tap water and the pump water inlet pipe 11; the cold water valve 10 and the hot water valve 9 can be manual valves or electromagnetic valves, the electromagnetic valves are electrically connected with the controller 6 through conducting wires, and the temperature of water entering the micro water pump 8 can be controlled through the controller 6”, Chen: pg. 3-4 ; “The controller panel is electrically connected with the controller 6 through a lead, and the controller panel is arranged on a cover plate of the box body 5 or fixed on the wall surface above the dishwashing pool 1; as shown in fig. 3, a micro-fan control button and a micro-water pump control button are arranged on the controller panel, and the micro-fan control button comprises a fan start button, a fan stop button, an air volume adjustment button, a hot air button, a normal temperature air button and a hot air temperature adjustment button; the micro water pump control buttons comprise water pump starting, water pump stopping, pressure adjusting, flow adjusting and water temperature adjusting buttons; the buttons include, but are not limited to, those listed above, and may be increased or decreased according to the user's needs.”, Chen: pg. 4, ln. 35-42).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, to include actuating is performed manually with a button that is mechanically connected to the first control valve, as suggested and taught by Chen, for the purpose of providing a predetermined adjusted amount of moisture (Chen: pg. 4, ln. 35-42).
With regard to claim 3, Conrad teaches the invention as claimed and additionally teaches “a controller 216 which is communicatively coupled to the cooking devices (e.g. heating elements 120, air movers, 124, and steam generators 136) associated with the plurality of cooking zones (e.g. first and second zones 180 1 and 180 2) defined within cooking chamber 104. Controller 216 may include one or more electrical or electro-mechanical devices (e.g. processor(s), memory, relay(s), switch(es), etc.) that are configured (e.g. wired and programmed) to regulate the operation of the cooking devices of cooking apparatus 100 to execute a cooking program (e.g. selected by the user).”, para. [0163]; however, Conrad does not teach actuating is performed manually with a button that is pneumatically connected to the first control valve. However, Chen teaches utilizing a button to actuate the flow of water (“a hot water valve 9 is arranged between the kitchen hot water and the pump water inlet pipe 11, and a cold water valve 10 is arranged between the tap water and the pump water inlet pipe 11; the cold water valve 10 and the hot water valve 9 can be manual valves or electromagnetic valves, the electromagnetic valves are electrically connected with the controller 6 through conducting wires, and the temperature of water entering the micro water pump 8 can be controlled through the controller 6”, Chen: pg. 3-4 ; “The controller panel is electrically connected with the controller 6 through a lead, and the controller panel is arranged on a cover plate of the box body 5 or fixed on the wall surface above the dishwashing pool 1; as shown in fig. 3, a micro-fan control button and a micro-water pump control button are arranged on the controller panel, and the micro-fan control button comprises a fan start button, a fan stop button, an air volume adjustment button, a hot air button, a normal temperature air button and a hot air temperature adjustment button; the micro water pump control buttons comprise water pump starting, water pump stopping, pressure adjusting, flow adjusting and water temperature adjusting buttons; the buttons include, but are not limited to, those listed above, and may be increased or decreased according to the user's needs.”, Chen: pg. 4, ln. 35-42).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, to include actuating is performed manually with a button that is pneumatically connected to the first control valve, as suggested and taught by Chen, for the purpose of providing a predetermined adjusted amount of moisture (Chen: pg. 4, ln. 35-42). Furthermore, with regard to the “pneumatically” limitation, it is submitted that as claim 2 recites a mechanically connected button, the limitation of a pneumatically connected button is not critical to the subject invention and is accordingly not provided substantial patentable weight and it is therefore submitted that such a limitation would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art as a matter of routine optimization and/or routine experimentation (see MPEP 2144 II.A – Optimization Within Prior Art Conditions or Through Routine Experimentation.
With regard to claim 18, Conrad teaches a first control valve (272) that is connected to a reservoir (256). Conrad does not teach a second control valve that is fluidly coupled with the first control valve and the reservoir is in a closed position during pumping; however, Chen teaches a second control valve (10) that is fluidly coupled with the first control valve (9) (FIG. 1 illustrates first and second control valves 9/10 that are connected to each other and may be individually actuated to an open or closed position and provide a fluid coupling therebetween).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, to include a second control valve as suggested and taught by Chen, for the purpose of providing a controlled temperature at an outlet portion of the valves.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 20200329909) in view of Bedford et al. (US 5,103,800) and Baumann (US 20050183583) as detailed above, and further in view of Chen (CN 105147119).
With regard to claims 19 and 20, Conrad teaches the invention as claimed and as detailed above regarding the first control valve, and; however, the citation does not teach a second control valve in an open position so as to fill a reservoir with the water. However, Chen teaches a valve 5 that is connected to a water supplying pipe 4 with the valve 5 located in the electric heating pipe 1, and in which a controller 2 controls the electromagnetic valve 5 to be opened such that the supply pipe 4 adds water to the water tank. With regard to the location of the respective locations of the reservoir, the first control valve, and the second control valve are contained in a housing that is located outside the cooking chamber, both the primary citation (Conrad) and the secondary citation (Chen) illustrate the valves and reservoir outside of a primary chamber as detailed above.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, to include a second control valve to fill a reservoir with water, as suggested and taught by Chen, for the purpose of providing a reservoir filling function to avoid a manual water filling operation.
Response to Arguments
Applicant's arguments filed 05/20/26 have been fully considered and are addressed hereafter.
The prior art rejections are newly presented in view of the newly presented claim amendments in addition to the new claims presented herein.
The following comments were presented in response to the arguments presented on 12/04/25 and are reproduced hereafter as they are considered relevant to the instant office action.
With regard to the Applicant’s arguments related to “Conrad in view of Bedford does not disclose ‘wherein the cooking device is a smoker, a pellet grill, a propane grill, or any other type of grill’”, it must be stressed that claim 1 is directed to a method, and as indicated in the prior office action with regard to cancelled claim 14 (which has been incorporated into claim 1), with regard to the limitation of the cooking device is a smoker, a pellet grill, a propane grill, or any other type of grill (which was previously included in the now cancelled claim 14), it is submitted that as the claim is directed to a method, the specific structure related to the type of device (i.e., smoker, pellet grill, propane grill or any other type of grill) with which the method applies is not provided patentable weight. More specifically, it must be stressed that although the mere recitation of structure in a method claim does not render the claim improper or unstatutory, the patentability of method claims generally cannot be predicated solely on structural limitations recited therein (Ex parte Dammers, 155 USPQ 284 (Bd. App. 1961)). Patentability of a method cannot depend upon the apparatus used to perform the method, especially where, as here, it has been established that the method as claimed can be performed by the prior art as described above. Additionally, the Examiner in the most recent office action (and again herein) explicitly asserted that the combined teachings of Conrad and Beford were being furthered to address the adaptation of Conrad with that of Beford as detailed hereafter: “Notwithstanding the foregoing, it is submitted that it is well known in the art to utilize steam or a flow/mixture of water to cook food as taught by Bedford which teaches: “the nozzle of the present invention can be used with almost any conventional steam cooking device which injects steam into a cooking chamber, the operation of which is well-known in the art” (col. 2, ln. 50-56); “steam cooking device 10 includes a steam generating chamber 14 containing a heating element 18. The heating element 18 is positioned in the steam generating chamber 14 to heat water 22 which is introduced into the steam generating chamber 14 via conduit 26. After water 22 has been introduced into the steam generating chamber 14, the heating element 18 is activated to heat water 22 to 212° F. to produce steam. The steam rises to the top of the steam generating chamber 14 where it is transported to the cooking chamber 30 of the steam cooking device 10.”, (col. 2, ln. 60 to col. 3, ln. 2). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Conrad reference, such that the controller of Conrad is adapted such that a flow of water or mixture containing water to food cooking in a cooking chamber and providing the flow of water as a spray of water particles to the food cooking in the cooking chamber, as suggested and taught by Bedford, for the purpose of providing an additional new function related to a cooking function utilizing existing structure related to steam injection into a cooking chamber….”
With regard to the Applicant’s arguments regarding “’airborne droplets’ does not necessarily include ‘flowing water’” / “Conrad in view of Bedford does not disclose ‘providing the flow of water as a spray of water particles through the at least one nozzle to the food cooking chamber’ as recited in claim 1, 4”, it is respectfully submitted that the most recent office action explicitly cited the prior art’s teachings regarding the instant patent applications claim limitation of “flowing water” and a “nozzle” as detailed above and reproduced hereafter: “Spray nozzle 412 may be any device suitable to distribute liquid drawn by pump 416 onto the surfaces inside cooking chamber 104. In some embodiments, cooking apparatus 100 includes a plurality of spray nozzles 412 that receive liquid from liquid reservoir 408 (e.g. via pump 416 or another pump.”, Conrad, para. [0241]. Additionally, for the Applicant’s convenience, the Examiner reproduced FIG. 43 of Conrad in the most recent office action (and herein as included above) which explicitly illustrates flowing water exiting nozzle 412.
With regard to Applicant’s arguments regarding “modifying a steam cooker in Conrad in view of Beford to nebulize water mobilizes water particles by a different principle of operation than ‘providing the flow of water as a spray of water particles through the at least one nozzle’”, it is respectfully submitted that the secondary citation (Bedford) is cited herein for its teachings related to operational environments that steam injection may be utilized within, and as such, adapting the teachings of the primary citation (Conrad).
Conclusion
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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