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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 12 recites the limitation "the ohmic" in the 1st line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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, 4, 7, 8, 11 and 13-16 (1-12 as understood) are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Buehler (US 2005/0193901), which shows all of the claimed limitations. Buehler shows:
1. A low energy impact kitchen system, configured for installation in a remote and harsh or extra-terrestrial environment and in particular in the absence of terrestrial ground and/or on space platforms, comprising a standing area for a user (fig. 8A,8B - any area around the unit), a working area 100 positioned around the standing area and, positioned in the working area, operating units powered by electricity (para. 0150), said operating units comprising at least: a distribution unit 2000, comprising a plurality of containers or compartments and configured to store and release individually in a controlled manner a plurality of predetermined doses of different raw or semi-processed materials (para. 0304,0306); a multifunction unit configured for actuating functions of mixing, chopping and/or cooking by induction a raw or semi-processed material or a mixture of raw or semi-processed materials (para. 0131); further operating units designed for the thermal treatment of products or semi-processed products and/or designed for auxiliary operations (para. 0174), for example washing, and/or designed for processing semi-processed food products (para. 0304); wherein said kitchen system also comprises an area for the growing of plants, in particular fruit and/or vegetables, operating in the absence of soil, in particular a hydroponic, aquaponic, aeroponic cultivation (para. 0370,0371,0372).
4. The kitchen system according to claim 1, wherein said operating units also comprise a pasta making device positioned in the working area and configured for the automatic preparation of pasta or filled pasta, said pasta making device comprising upper openings for receiving flour, water and filling and a lower compartment or hatch for dispensing one or more portions of pasta (para. 0060,0065,0246,0251).
7. The kitchen system according to claim 1, wherein said operating units are configured to operate automatically, preferably in a fully automatic manner apart from an activation controlled by the user (Abstract).
8. The kitchen system according to claim 1, also comprising an electronic control unit connected to the operating units for receiving information relative to operating parameters of said operating units and for determining and/or setting up operating conditions of said operating units, preferably said electronic control unit being operable by a user using an input terminal of the touch screen type, in particular a smartphone, a tablet or a control panel (para. 0461).
11. The kitchen system according to claim 1, wherein the working area comprises a work surface on which are positioned said distribution units and multifunction units and having in plan view a configuration which is preferably C or L-shaped (fig. 1).
13. A cooking process in a remote and harsh or extra-terrestrial environment and in particular in the absence of terrestrial ground and/or on spatial platforms, comprising the following steps: implementing a cultivation of plants, in particular fruit and/or vegetables, operating in the absence of soil, in particular a hydroponic, aquaponic, aeroponic cultivation (para. 0370,0371,0372); collecting said plants and storing them in a distribution unit preconfigured to separately house predetermined portions of said plants and to individually release in a controlled manner said predetermined portions of plants (para. 0370,0371,0372); picking up individual portions of said plants from the distribution unit and using said portions to prepare dishes using a multifunction unit configured to actuate functions of mixing, grinding and/or cooking by induction (para. 0131).
14. The process according to claim 13, wherein said step of preparing the dishes is performed by selecting one or more dishes from a menu as a function of the plants collected and stored in the distribution unit, said step of collecting the plants being preferably performed according to the degree of maturing of the plants (para. 0017).
15. The process according to claim 13, wherein said step of preparing the dishes is carried out on the basis of a predetermined menu, in particular weekly, said step of collecting the plants being preferably performed as a function of the menu (para. 0472).
16. The process according to claim 13, wherein said step of preparing the dishes is performed, preferably automatically or semi-automatically, by monitoring by an electronic control unit accessible to a user and containing a plurality of pre-stored or pre-set menus, said step of preparing the dishes comprising a plurality of sub-steps performed by a plurality of operating units connected to said electronic control unit for sending from the electronic control unit information relative to operating parameters of the operating units and/or for receiving commands from the electronic control unit (Abstract).
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, 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 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Buehler (US 2005/0193901) in view of Walker (US 2021/0289976).
Buehler discloses substantially all of the claimed limitations as described above, but fails to explicitly teach the ohmic heating device.
Walker, in the same or related field of endeavor (cooking), teaches that it is known in the art to provide an ohmic heating device (para. 0042.
Walker teaches that such an arrangement provides for food preparation (Title).
Accordingly, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention incorporate the ohmic heating device as taught by Walker into the invention disclosed by Buehler, so as to provide for food preparation.
Allowable Subject Matter
Claims 2, 3, 6, 9, 10, 17, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These references disclose devices with many of the claimed components. Nevertheless, in order to avoid overburdening the applicant with redundant rejections, these references were not applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED BASICHAS whose telephone number is 571 272 4871. The examiner can normally be reached on Monday through Friday during regular business hours.
To contact the examiner’s supervisor please call MICHAEL HOANG whose telephone number is 571 272 6460.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Tech Center telephone number is 571 272 3700.
July 8, 2026
/ALFRED BASICHAS/Primary Patent Examiner, Art Unit 3762
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