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 .
Priority
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 and 14-16 are rejected under 35 U.S.C. 103 as being obvious over Liss (US 2017/0135383) in view of Alipour (US 2013/0264333).
With respect to the limitations of claim 1, Liss teaches a cooking appliance (Figs 11-17B, fluid-immersion cooking device 300, 0083), comprising: a cooktop case (Figs 11, 14, housing 310, insulating material 368, 0084); a top plate (top planar surface of mounting flange 323, 0085) disposed on the cooktop case; a high-temperature cooking unit (first side 320A, fluid circulation system 340, heater assembly 360, 0098, 0099, the device 300 can independently control a temperature associated with each side 320A and 320B of the thermal container 320; where side 320A can be operated at a high temperature) heating a container (first side 320A, thermal container 320, 0089) for cooking or food placed on the top plate; and a low-temperature cooking unit (second side 320B, fluid circulation system 340, heater assembly 360, 0098, 0099, the device 300 can independently control a temperature associated with each side 320A and 320B of the thermal container 320; where side 320B can be operated at a low temperature) disposed at the cooktop case, the low-temperature cooking unit including: a housing including a container mount (housing 310, mounting flange 323, 0085); a first container having a space (second side 320B, thermal container 320, 0089) to accommodate a liquid therein, the first container (320) being configured to be coupled with the container mount (323); a heater that heats (Fig 15, heater assembly 360, 0098) a liquid accommodated in the first container; and a cover (lid 328, 0089) installed on the housing to cover or open the first container, the cover (328) is flush with the top plate (top planar surface of mounting flange 323) when the cover covers the first container.
Liss discloses the claimed invention but is silent to the housing including a container mount; the first container being configured to be coupled with the container mount.
However, Alipour discloses the housing (Figs 1, 2, outer housing 106, 0028) including a container mount (top rim skirt 110, 0028); the first container (inner receptacle 108, 0028) being configured to be coupled with the container mount (0028, top rim skirt 110 attaches the inner receptacle 108 to the outer housing 10) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Liss having a housing silent to a container mount with the housing including a container mount; the first container being configured to be coupled with the container mount of Alipour for the purpose of providing a known housing configuration with a container mount configuration that allows a container to be easily removed or replace, thereby improving overall versatility of the appliance.
With respect to the limitations of claims 2, 3, 4, 14, 15 and 16, Liss teaches further comprising: a cooktop case (Fig 11, housing 310, 0084) having an internal space divided into a first area (Fig 13, first side 320A, 0086) and a second area (second side 320B, 0086) adjacent to each other, the high-temperature cooking unit is located in the first area (first side 320A, fluid circulation system 340, heater assembly 360, 0098, 0099, the device 300 can independently control a temperature associated with each side 320A and 320B of the thermal container 320; where side 320A can be operated at a high temperature) of the cooktop case, and the housing (housing 310, mounting flange 323, 0085), the first container (second side 320B, thermal container 320, 0089), the heater (Fig 15, heater assembly 360) and the cover (lid 328) are located in the second area of the cooktop case;
further comprising: a barrier (Fig 14, insulating material 368, having a central barrier) installed in the cooktop case to divide the internal space of the cooktop case into the first area and the second area;
the barrier includes a diaphragm having a height that extends upwardly (Fig 14, central divider) from a bottom surface of the cooktop case, and a length that extends from a front surface (front of insulating material 368) to a rear surface (back of insulating material 368) of the cooktop case, and the diaphragm has a bent portion (front or back wall) that is bent in a longitudinal direction thereof;
the heater is a low-temperature heater (heater assembly 360) that heats a liquid contained in the first container to a temperature of 100°C or lower (second side 320B, fluid circulation system 340, heater assembly 360, 0098, 0099, the device 300 can independently control a temperature associated with each side 320A and 320B of the thermal container 320; where side 320B can be operated at a low temperature, 0003, 0073);
the low-temperature cooking unit is detachable from the cooktop case (see figures 13, 14), and the low-temperature cooking unit (320B) further includes an external case (insulation material 368) coupled with the housing (Fig 11, housing 310, body portion 311, 0084) on an outer side thereof to accommodate the housing therein, and a control panel installed on the external case (interface portions 313, 0084);
the cover rotatably (Figs 11-12, lid 328) installed on the housing to cover or open the first container.
Claims 5-10 are also rejected as being dependent upon claims 1-4.
Claims 11-13 and 17-20 are rejected under 35 U.S.C. 103 as being obvious over Liss (US 2017/0135383) in view of Alipour (US 2013/0264333) as applied to claim 1, further in view of Torre (US 2015/0040516).
With respect to the limitations of claims 11 and 17, Liss in view of Alipour discloses the claimed invention except for the housing a further including a vacuum-packing module mount provided adjacent to the container mount, the cooking appliance further comprises a vacuum pressure generator installed on the housing to suction air inside a food packing bag. However, Torre discloses the housing (Figs 1, 2, containing structure 3, 0028) further including a vacuum-packing module mount (abutment bar 19, 0034) provided adjacent to the container mount (Alipour, top rim skirt 110, 0028), the cooking appliance further comprises a vacuum pressure generator (0034, vacuum pump inside the machine) installed on the housing to suction air inside a food packing bag (Fig 5, bag 8, 0034) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Liss in view of Alipour having a housing silent to a vacuum-packaging module with the housing further including a vacuum-packing module mount provided adjacent to the container mount, the cooking appliance further comprises a vacuum pressure generator installed on the housing to suction air inside a food packing bag of Torre for the purpose of providing a known cooking appliance that incorporates a vacuum packaging configuration that allows for vacuum packaging of a food product inside at least one bag (Abstract), thereby improving the overall versatility of the appliance.
With respect to the limitations of claims 12, 13, 18, 19 and 20, Liss in view of Alipour and Torre discloses the container mount (Alipour, top rim skirt 110, 0028) and the vacuum-packing module mount (Torre, abutment bar 19, 0034) of the housing are integrally connected with each other;
the first container has a box shape having an accommodating space and an open top (Liss, first side 320A, container 320), and the vacuum- packing module mount has a polygonal frame shape (Torre, cover 9, 0029) that protrudes in a lateral direction from the container mount (Alipour, top rim skirt 110, 0028) where the first container is installed;
the vacuum-packing module mount (Torre, abutment bar 19, 0034) is provided at an upper front of the housing (Torre, Fig 1, containing structure 3) adjacent to the container mount (Alipour, top rim skirt 110, 0028), and an electronic device space (Torre, Fig 3, space below tank 2) is formed under the vacuum-packing module mount;
the cover (Liss, Figs 11-12, lid 328) rotatably installed on the housing to cover or open the first container (Liss, thermal container 320) and the vacuum pressure generator (Torre, 0034, vacuum pump inside the machine).
Allowable Subject Matter
Claims 5-10 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.
Response to Amendments
Claims 1-20 are pending.
Response to Arguments
Applicant has stated in the Remarks on page 2 that claims 10 and 11 have not been rejected over prior art and that the claims contain allowable subject matter, the examiner respectfully disagrees. Claim 11 was previously rejected over Liss (US 2017/0135383) in view of Alipour (US 2013/0264333) as applied to claim 1, further in view of Torre (US 2015/0040516) as set forth in the non-final rejection mailed on 5/29/2026. Claim 10 contain allowable subject matter and is objected to.
The double patenting rejection has been withdrawn in view of the terminal disclaimer filed on 8/28/2026.
Applicant's arguments filed 8/20/2026 have been fully considered but they are not persuasive. The applicant has argued about claims 1-9 and 14-16 in the Remarks on pages 2-3 that the combination of Liss in view of Alipour fails to disclose the limitations of “a top plate disposed on the cooktop case; a high-temperature cooking unit heating a container for cooking or food place on the top plate; and a low-temperature cooking unit disposed at the cooktop case and including a housing including a container mount, and a cover installed on the housing to cover or open the first container, wherein the cover is flush with the top plate when the cover covers the first container” because Liss' lids 328 protrude upwardly from housing 310 or mounting flange 323 and fail to form a flush surface, the examiner respectfully disagrees. Referring to figures 11-13 of Liss, it can be seen that a bottom surface of the lids 328 is flush with the mounting flange 323 where the limitation of “the cover is flush with the top plate when the cover covers the first container” under BRI can be interpreted to mean that any part of the cover (lid 328) can be flush with the top plate (flange 323) and therefore fully discloses the recited claim limitations.
The applicant has further argued on pages 3-4 that Alipour fails to make up the deficiencies of Liss, the examiner respectfully disagrees and as set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 10/7/2026