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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Freymiller et al. (20160037958) in view of Sun et al. (20180209776).
Freymiller teaches with respect to Independent claim 1, a system for determining whether an upper platen (par. 0013 ref. 120) of a griddle is in a raised position wherein the upper platen is spaced apart from a cooking surface of the griddle (par. 0013; non-cooking position; par. 0023 safe and away) or a lowered position wherein the upper platen is adjacent the cooking surface (par. 0013 cooking position), the system comprising:
at least one processor (par. 0018) configured to execute a plurality of instructions (par. 0030) and
an accelerometer (par. 0019) mounted to the upper platen (par. 0019 fig. 1 ref. 154) and configured to provide output signals to the at least one processor (par. 0019)
wherein the at least one processor is configured to execute the plurality of instructions to determine whether the upper platen is in the raised position or the lowered position (par. 0021 stand by position upper heating plate at angle with respect to lower; par. 0022 known reference position rest or contacting lower heating plate) by an angle of the upper platen relative to the cooking surface (par. 0021 stand by position upper heating plate at angle with respect to lower) using the output signals from the accelerometer (par. 0019), determining that the upper platen is in the raised position if the inclination angle is equal to a predetermined threshold (par. 0021 stand by position upper heating plate at angle with respect to lower; par. 0022 known reference position rest vs contacting lower heating plate) and determining that the upper platen is in the lowered position if the inclination angle is less than the predetermined threshold (par. 0013 cooking position) and
wherein the at least one processor is configured to automatically initiate at least one operation of the griddle in response to determining that the upper platen is in the lowered position (par. 0021 control program, predetermined gap according to food type)
Freymiller is silent to calculating an inclination angle of the upper platen relative to the cooking surface.
Freymiller teaches control programs determined by provided position data (par. 0019) of an upper platen relative a lower platen and thus one of ordinary skill in the art would have been motived to look to the art of processing units which determine positioning of an upper platen relative a lower heater by sensing as taught by Sun (par. 0005).
More specifically Sun teaches the grilling time duration may be determined directly based on the included angle value calculated by the angle analyzing module 431 without estimating the thickness of the object. For example, since the thicker the object, the larger the included angle, the grilling time duration can be determined directly based on the included angle value that is usually in positive correlation to the grilling time duration. Similarly, the grilling apparatus can be programmed with an equation for calculating the grilling time duration directly based on the included angle value. The present disclosure is not limited in the aspect of how the grilling time duration is determined (par. 0043).
Thus since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate an inclination angle as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003).
With respect to Independent claim 17, Freymiller teaches an upper platen assembly for a griddle (fig 1), comprising:
a plurality of arms pivotally connected to the griddle (par. 0015 arm segments ref. 131a, b, c, d)
an upper platen carried by the plurality of arms between a lowered position (par. 0013 cooking position) wherein the upper platen is adjacent a cooking surface of the griddle and a raised position wherein the upper platen is spaced apart from the cooking surface (par. 0013; non-cooking position; par. 0023 safe and away) and
a control assembly coupled to and movable with the upper platen (par. 0018), the control assembly including an electrical system (par. 0018) comprising:
at least one processor (par. 0018) configured to execute a plurality of instructions (par. 0021) and
an accelerometer configured to provide output signals to the at least one processor (par. 0019)
wherein the at least one processor is configured to execute the plurality of instructions to determine whether the upper platen is in the raised position or the lowered position (par. 0021 stand by position upper heating plate at angle with respect to lower; par. 0022 known reference position rest or contacting lower heating plate) by an angle of the upper platen relative to the cooking surface (par. 0021 stand by position upper heating plate at angle with respect to lower) using the output signals from the accelerometer (par. 0019), determining that the upper platen is in the raised position if the inclination angle is equal to a predetermined threshold (par. 0021 stand by position upper heating plate at angle with respect to lower; par. 0022 known reference position rest vs contacting lower heating plate) and determining that the upper platen is in the lowered position if the inclination angle is less than the predetermined threshold (par. 0013 cooking position) and
wherein the at least one processor is configured to automatically initiate at least one operation of the griddle in response to determining that the upper platen is in the lowered position (par. 0021 control program, predetermined gap according to food type)
Freymiller is silent to calculating an inclination angle of the upper platen relative to the cooking surface.
Freymiller teaches control programs determined by provided position data (par. 0019) of an upper platen relative a lower platen and thus one of ordinary skill in the art would have been motived to look to the art of processing units which determine positioning of an upper platen relative a lower heater by sensing as taught by Sun (par. 0005).
More specifically Sun teaches the grilling time duration may be determined directly based on the included angle value calculated by the angle analyzing module 431 without estimating the thickness of the object. For example, since the thicker the object, the larger the included angle, the grilling time duration can be determined directly based on the included angle value that is usually in positive correlation to the grilling time duration. Similarly, the grilling apparatus can be programmed with an equation for calculating the grilling time duration directly based on the included angle value. The present disclosure is not limited in the aspect of how the grilling time duration is determined (par. 0043).
Thus since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an inclination angle as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003).
With respect to Independent claim 18, Freymiller teaches a method for determining a position of an upper platen of a griddle relative to a cooking surface of the griddle (par. 0013 cooking position; par. 0014 non-cooking position), comprising:
Sampling (par. 0018 “detect”), by at least one processor (par. 0018), output signals from an accelerometer (par. 0019) mounted to the upper platen (par. 0019), once every sampling period (par. 0021 food placed on till in contact; period relative cooking position and non-cooking positions (par. 0013, 0014; par. 0023 raised position)
determining, by the at least one processor once every sampling period, whether the upper platen is in a raised position or a lowered position (par. 0021 gap comprising food, i.e. lowered; cooking position and non-cooking positions par. 0013, 0014; par. 0023 raised position)
determining an instantaneous inclination (par. 0021 gap may vary according to different height of the food product) from the output signals (par. 0018), determining an average inclination from the instantaneous inclination (par. 0021 where it is noted the instantaneous inclination angle is claimed singular and more specifically sampling is done “once every period” and thus a singular is the average),
determining that the upper platen is in a raised position when the inclination angle is greater than (par. 0023 greater than 75 degrees to 95 degrees) or equal to a threshold angle (non-cooking positions 0014; par. 0023 raised position 75 degrees to 95 degrees) and
determining that the upper platen is in a lowered position (par. 0013 cooking position) when the average inclination (where it is noted the instantaneous inclination angle is claimed singular and more specifically sampling is done “once every period” and thus a singular is the average) is less than the threshold angle (par. 0018, 0021 cooking position).
Freymiller teaches control programs determined by provided position data (par. 0019) of an upper platen relative a lower platen and thus one of ordinary skill in the art would have been motived to look to the art of processing units which determine positioning of an upper platen relative a lower heater by sensing as taught by Sun (par. 0005).
More specifically Sun teaches the grilling time duration may be determined directly based on the included angle value calculated by the angle analyzing module 431 without estimating the thickness of the object. For example, since the thicker the object, the larger the included angle, the grilling time duration can be determined directly based on the included angle value that is usually in positive correlation to the grilling time duration. Similarly, the grilling apparatus can be programmed with an equation for calculating the grilling time duration directly based on the included angle value. The present disclosure is not limited in the aspect of how the grilling time duration is determined (par. 0043).
Thus since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). In addition to teaching the rest position (par. 0022) and/or upper position to allow an operator to apply food, where during the sampling period the position of the upper platen does not change till lowered and thus the average would be relative previous sampling periods and an instantaneous which are the same.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003).
Alternatively with respect to the term “average”. Freymiller teaches calibration of known reference position with respect to a rest position or a position in which the upper platen contacts the lower platen (par. 0022). Freymiller further teaches a rest position of 75-90 degrees. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate an average inclination angle from the instantaneous inclination angle from the output signals over different sampling periods as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) by determined cooking and non-cooking positions.
With respect to claim 2, wherein the at least one operation includes resetting a timer (par. 0021). Though silent to causing a display to indicate a count down time from a preset time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto provide such since Freymiller teaches the cooking process is based on elapsed time (par. 0023) thus providing its art recognized advantage of visual information to the user.
Claim 3, the system further comprises:
An inclination module (par. 0016; 0023)
a controller board (par. 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide more than one processor, for controlling operation of the upper platen (par. 0021).
Though silent to a transistor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide such for a same purpose of Freymiller of determining that the upper platen is in the lowered position.
Since the provided signal is merely that provided, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to causes the transistor to provide a signal to the at least one second processor on the controller board thus providing position data as taught by Freymiller (par. 018).
Claim 4, since Freymiller teaches the accelerometer (par. 0019) and since the upper platen is capable of movement in x, y and z axis (par. 0015). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto provide the accelerometer as a three-axis accelerometer thus providing a same position data as taught and more specifically position data which determines cooking and non-cooking positions as taught such as x-axis signal, a y-axis signal and a z-axis signal.
Claim 5, since Freymiller teaches calibration of known reference position with respect to a rest position or a position in which the upper platen contacts the lower platen (par. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to teach the at least one processor is configured to assume that the upper platen is in the lowered position upon power being applied to the electrical system thus providing known reference and position points as taught (par. 0022).
Claim 6, wherein the at least one processor determines whether the upper platen is in the raised position or the lowered position by sampling the output signals from the accelerometer once every sampling period (par. 0021; non-cooking, cooking positions).
Claim 7, before calculating the inclination angle of the upper platen, the at least one processor calculates, every sampling period, a total acceleration of the accelerometer to determine if the upper platen is in motion (par. 0018 relative static position; no acceleration).
Claim 8, Freymiller teaches a same accelerometer for determining position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the at least one processor to determine that the upper platen is in motion when the total acceleration is outside a total acceleration range of +/- 0.1g from a neutral acceleration measurement thus providing indication to the control system that upper platen has been moved necessitating providing real time position data, such as a cooking position (par. 0021).
Claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the at least one processor to discard the output signals from any sampling period wherein the total acceleration is outside the total acceleration range, i.e. in motion as opposed to position data relevant information such as cooking and non-cooking positions.
Claim 10, Freymiller teaches a same accelerometer for determining position. it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine acceleration using a same accelerometer by a square root of a sum of the output signals squared, the output signals including an x-axis signal, a y-axis signal and a z-axis signal for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) by determined cooking and non-cooking positions.
Claim 11, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) for use in determining the inclination angle, the instantaneous inclination angle being an inverse tangent of the x-axis signal divided by the z-axis signal for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 12, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the instantaneous inclination angle by sampling the output signals once every sampling period, the at least one processor being configured to calculate an average inclination angle every sampling period from the instantaneous inclination angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 13, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the average inclination angle for each sampling period is 90% of an average inclination angle for a prior sampling period plus 10% of the instantaneous inclination angle of a current sampling period for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 14, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the at least one processor determines that the inclination angle indicates that the upper platen is in the lowered position if the average inclination angle of a current sampling period is less than a threshold angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 15, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto determine a threshold angle is approximately seven degrees for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 16, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the at least one processor determines that the inclination angle corresponds to the upper platen being in the lowered position after the average inclination angle of each of a predetermined number of successive sampling periods is less than the threshold angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 19, determining, by the at least one processor once every sampling period, whether the upper platen is in the raised position or the lowered position further comprises:
calculating a total acceleration from the output signals (par. 0018 relative static position; no acceleration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto program the at least one processor to discard the output signals from any sampling period wherein the total acceleration is outside the total acceleration range, i.e. in motion as opposed to position data relevant information such as cooking and non-cooking positions.
Claim 20, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) and determine that the upper platen is in a raised position includes determining that the average inclination angle is greater than or equal to the threshold angle for each of a predetermined number of successive sampling periods for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Response to Arguments
With respect to applicants urging Freymiller fails to disclose or suggest determining the position of the upper platen based on whether such an inclination angle is greater than or less than a predetermined threshold.
It is noted par. 0021, though silent to the phrase stand by position, importantly Freymiller teaches the position of the upper platen when food “is placed on the lower heating plate”, i.e. raised position relative lowering the upper platen by a gap.
Similarly with respect to par. 0022, Freymiller teaches a known reference position and determining a gap which controls cooking relative this reference position. Importantly Freymiller makes a distinction between two position, i.e. 0022 known reference position rest or contacting lower heating plate.
Thus in both instances the predetermined threshold is relative prior to cooking beginning and thus prior to the platen being lowered to a cooking position. Thus determining that the upper platen is in the raised position if the inclination angle is equal to a predetermined threshold (par. 0021 stand by position upper heating plate at angle with respect to lower; par. 0022 known reference position rest vs contacting lower heating plate) and determining that the upper platen is in the lowered position if the inclination angle is less than the predetermined threshold (par. 0013 cooking position).
With respect to claim 18, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). In addition to teaching the rest position (par. 0022) and/or upper position to allow an operator to apply food, where during the sampling period the position of the upper platen does not change till lowered and thus the average would be relative previous sampling periods and an instantaneous which are the same.
Freymiller teaches determining, by the at least one processor once every sampling period, whether the upper platen is in a raised position or a lowered position (par. 0021 gap comprising food, i.e. lowered; cooking position and non-cooking positions par. 0013, 0014; par. 0023 raised position)
determining an instantaneous inclination (par. 0021 gap may vary according to different height of the food product) from the output signals (par. 0018), determining an average inclination from the instantaneous inclination (par. 0021 where it is noted the instantaneous inclination angle is claimed singular and more specifically sampling is done “once every period” and thus a singular is the average),
determining that the upper platen is in a raised position when the inclination angle is greater than (par. 0023 greater than 75 degrees to 95 degrees) or equal to a threshold angle (non-cooking positions 0014; par. 0023 raised position 75 degrees to 95 degrees) and
determining that the upper platen is in a lowered position (par. 0013 cooking position) when the average inclination (where it is noted the instantaneous inclination angle is claimed singular and more specifically sampling is done “once every period” and thus a singular is the average) is less than the threshold angle (par. 0018, 0021 cooking position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003).
Alternatively with respect to the term “average”. Freymiller teaches calibration of known reference position with respect to a rest position or a position in which the upper platen contacts the lower platen (par. 0022). Freymiller further teaches a rest position of 75-90 degrees. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an average inclination angle from the instantaneous inclination angle from the output signals over different sampling periods as taught by Sun (par. 0043) for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) by determined cooking and non-cooking positions.
With respect to Claim 3, the rejection does not rely on KSR. In the instant case Freymiller specifically teaches an inclination module (par. 0016 par. 0023) i.e. relative angles to the horizontal axis.
Though silent to a transistor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto provide such for a same purpose of Freymiller of determining that the upper platen is in the lowered position.
Since the provided signal is merely that provided, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto causes the transistor to provide a signal to the at least one second processor on the controller board thus providing position data as taught by Freymiller (par. 018).
With respect to claim 7, and applicants urging the Office has failed to present obviousness, it is noted claim 7 does not rely on such as Freymiller specifically teaches
Claim 7, before calculating the inclination angle of the upper platen, the at least one processor calculates, every sampling period, a total acceleration of the accelerometer to determine if the upper platen is in motion (par. 0018 relative static position; no acceleration).
With respect to claim 8, the claimed range of acceleration encompasses acceleration from a neutral, i.e. still, thus any acceleration outside of zero, though silent at least +.1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto program the at least one processor to determine that the upper platen is in motion when the total acceleration is outside a total acceleration range of +/- 0.1g from a neutral acceleration measurement thus providing indication to the control system that upper platen has been moved necessitating providing real time position data, such as a cooking position (par. 0021).
Claim 9, the articulated reason and as noted per claim 8 in motion as opposed to position data relevant information such as cooking and non-cooking positions without motion
Claim 11, applicants arguments depend on the angle of inclination to change, however the angle of inclination is merely limited by “instantaneous” and thus encompasses the taught rest or stand by position as taught.
Thus since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) for use in determining the inclination angle, the instantaneous inclination angle being an inverse tangent of the x-axis signal divided by the z-axis signal for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
With respect to applicants urgings the rejections of claims 12-16 and 20 do not address the claim limitations:
Claim 12, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the instantaneous inclination angle by sampling the output signals once every sampling period, the at least one processor being configured to calculate an average inclination angle every sampling period from the instantaneous inclination angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 13, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the average inclination angle for each sampling period is 90% of an average inclination angle for a prior sampling period plus 10% of the instantaneous inclination angle of a current sampling period for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 14, since Freymiller teaches the position data for determining cooking programs (par. 0021), since Freymiller teaches the platens may have any inclination, including acute and obtuse (par. 0016) relative a cooking position (par. 0013) and positions at an angle with respect to the lower the platen (par. 0014).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the at least one processor determines that the inclination angle indicates that the upper platen is in the lowered position if the average inclination angle of a current sampling period is less than a threshold angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 15, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto determine a threshold angle is approximately seven degrees for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Claim 16, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventionto calculate an instantaneous inclination angle from the output signals as taught by Sun (par. 0043) the at least one processor determines that the inclination angle corresponds to the upper platen being in the lowered position after the average inclination angle of each of a predetermined number of successive sampling periods is less than the threshold angle for its same art recognized purpose of Freymiller of determining cooking and non-cooking positions and controlling heating according to predetermined gap sensed information according to food type as taught by Freymiller (par. 0021) such as in the instant case determining cooking functions based on angle values calculated as taught by Sun (par. 0043) and providing automated cooking to achieve properly cooked food even when operated by an inexperienced user (par. 0003) using an accelerometer.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN N LEFF whose telephone number is (571)272-6527. The examiner can normally be reached on M-F 8:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571)270-34753475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steven Leff/
Primary Examiner, Art Unit 1792
Prosecution Insights