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 .
This office action is in response to communication fled on 7/28/2026. Claim 14 has been cancelled. Claim 18 has been added. Claims 1-9, 11-13, and 15-18 are pending on this application.
Response to Arguments
Applicant's arguments filed 7/28/2026 have been fully considered but they are not persuasive.
Response to Remarks
Regarding claim 1, applicant asserts that Cheng does not teach generating composite photograph data that indicates time information of a time when the core temperature is measured (Remarks page 7).
Examiner respectfully disagrees.
Cheng teaches an displaying an image (542 in fig. 5) which comprises an image of the meal, a timer, and sensor information (para. [0099], [0147]) that are obtained in real-time (para. [0027], [0106]). This is interpreted to mean that the information is synchronized, for example the current temperature and view of the food at the time remaining as shown in fig. 5. The claim does not specify if the time information is a time of day, a time elapsed/remaining, or any other description of time. Therefore, the time remaining in fig. 5 is interpreted to be the time information, under the broadest reasonable interpretation, when the temperature is measure.
In response to applicant's argument that Cheng’s display screen is not a generation of composite photograph data, a recitation the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, The display 542 in fig. 5 shows cooking appliance features, such as temperature and sensor information, and an image of the meal while cooking combined on a single screen (para. [0099]). This is interpreted to be composite photograph data.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 recites the same subject matter as claims 2 and 11. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-9, 14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al (US20190053332).
Regarding claim 1, Cheng discloses a food hygiene management device (figs. 2 and 5) comprising:
a core temperature acquirer that acquires core temperature information representing a core temperature of food (216 in fig. 2; para. [0038], In one embodiment, the probe 216 may include a temperature probe that is inserted into an edible substance to take temperature readings of the edible substance during cooking; para. [0068], the user may be prompted (screen 460) to use a temperature probe (such as the temperature probe used to measure internal temperature of edible substances));
a photograph acquirer that acquires photograph data of the food (214 in fig. 2; para. [0037], The camera 214 may include one or more optical or thermal cameras, or other machine vision device, providing digital representations of the inside of the cooking appliance 200; para. [0091], In one embodiment, the cooking appliance can dynamically adjust the cooking logic during operation by analyzing images received from the camera); and
a combiner that generates composite photograph data (542 in fig. 5) that indicates the core temperature information, time information of a time when the core temperature is measured, and photograph data of the food (fig. 5; para. [0027], In various embodiments, the feedback components 114 include one or more cameras, probes and sensors providing real-time feedback during the cooking process; para. [0099], a user device 540 runs a client application 542 that includes an interface to the cooking appliance features, such as temperature and sensor information, and an image of the meal while cooking. In fig. 5, “6:45” is interpreted to be time remaining information as described in para. [0147]).
Regarding claim 4, Cheng discloses a food hygiene management device further comprising:
an input device that receives an operation of selecting a type of the food (para. [0052], cooking parameters such as cooking temperature; para. [0078], The cooking appliance and/or a server may identify a related recipe and/or cooking parameters for the food types selected by the user; para. [0079]); and
a determiner that determines whether the core temperature acquired falls within a reference range that is set in advance for each type (fig. 9; para. [0050], Using the various components of the cooking appliance 200, the cooking engine identifies the current state of the cooking and adjusts the cooking parameters to reach a future state in terms of temperature, moisture content, shape and surface flavor and texture; para. [0098]).
Regarding claim 5, Cheng discloses a food hygiene management device further comprising:
a reader that reads identification information representing a type of the food from the photograph data (para. [0037], [0045], [0174]); and
a determiner that determines whether the core temperature acquired falls within a reference range that is set in advance for each type (fig. 9; para. [0050], Using the various components of the cooking appliance 200, the cooking engine identifies the current state of the cooking and adjusts the cooking parameters to reach a future state in terms of temperature, moisture content, shape and surface flavor and texture; para. [0098]).
Regarding claim 6, the claim recites similar subject matter as claim 1 and is rejected for the same reasons as stated above.
Regarding claim 7, Cheng discloses a food hygiene management system further comprising a photographic device supporter that supports the photographic device such that a food placement region where the food is placed falls within an image-capturing range of the photographic device (para. [0037], [0101]), and that an image-capturing direction of the photographic device is tilted at a predetermined angle with respect to a horizontal plane (518 in fig. 5 would be at an angle with respect to the ground).
Regarding claim 8, Cheng discloses a food hygiene management system further comprising a core temperature information generation device supporter that supports the core temperature information generation device (para. [0039]-[0040]), and moves the core temperature information generation device to a position where the core temperature of the food is measurable (para. [0072]).
Regarding claim 9, the claim recites similar subject matter as claim 1 and is rejected for the same reasons as stated above.
Regarding claim 14, the claim recites similar subject matter as claim 4 and is rejected for the same reasons as stated above.
Regarding claim 17, the claim recites similar subject matter as claim 5 and is rejected for the same reasons as stated above.
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.
Claim(s) 2, 12, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (US20190053332) in view of Riscalla (US10060798).
Regarding claim 2, Cheng fails to teach a food hygiene management device further comprising an image-capturing instructor that generates instruction information for instructing image-capturing of the food in response to acquisition of the core temperature information.
However Riscalla teaches generating instruction information for instructing image-capturing of food in response to acquisition of core temperature information (claim 1, a processor configured to acquire a temperature reading from the temperature sensor and an image from the camera when the temperature reading is acquired).
Therefore taking the combined teachings of Cheng and Riscalla as a whole, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate the features of Riscalla into the device of Cheng. The motivation to combine Cheng and Riscalla would be to ensure more accurate acquiring, logging, and/or maintaining temperature records for food products (col. 1 lines 53-55 of Riscalla).
Regarding claim 12, the claim recites similar subject matter as claim 4 and is rejected for the same reasons as stated above.
Regarding claim 15, the claim recites similar subject matter as claim 5 and is rejected for the same reasons as stated above.
Claim(s) 3, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (US20190053332) in view of Butterfield (US20060224349).
Regarding claim 3, Cheng fails to teach a food hygiene management device wherein the core temperature acquirer acquires, as the core temperature information, a latest core temperature that is obtained when variation of the core temperature measured at a predetermined interval falls within a threshold value a predetermined number of consecutive times.
However Butterfield teaches acquiring, as the core temperature information, a latest core temperature that is obtained (para. [0051], The temperature sensor 42 provides temperature signals in response to the temperature sensed during measurement) when variation of the core temperature measured at a predetermined interval (para. [0085], 100 millisecond intervals) falls within a threshold value (para. [0082], [0103]) a predetermined number of consecutive times (para. [0087]).
Therefore taking the combined teachings of Cheng and Butterfield as a whole, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate the features of Butterfield into the device of Cheng. The motivation to combine Cheng and Butterfield would be to rapidly obtain temperature measurements (para. [0001] of Butterfield).
Regarding claim 13, the claim recites similar subject matter as claim 4 and is rejected for the same reasons as stated above.
Regarding claim 16, the claim recites similar subject matter as claim 5 and is rejected for the same reasons as stated above.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (US20190053332) and Riscalla (US10060798) in view of Butterfield (US20060224349).
Regarding claim 11, the modified device of Cheng fails to teach a food hygiene management device wherein the core temperature acquirer acquires, as the core temperature information, a latest core temperature that is obtained when variation of the core temperature measured at a predetermined interval falls within a threshold value a predetermined number of consecutive times.
However Butterfield teaches acquiring, as the core temperature information, a latest core temperature that is obtained (para. [0051], The temperature sensor 42 provides temperature signals in response to the temperature sensed during measurement) when variation of the core temperature measured at a predetermined interval (para. [0085], 100 millisecond intervals) falls within a threshold value (para. [0082], [0103]) a predetermined number of consecutive times (para. [0087]).
Therefore taking the combined teachings of Cheng and Riscalla with Butterfield as a whole, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate the features of Butterfield into the device of Cheng and Riscalla. The motivation to combine Cheng, Riscalla and Butterfield would be to rapidly obtain temperature measurements (para. [0001] of Butterfield).
Regarding claim 18, the claim recites similar subject matter as claims 2 and 11 and is rejected for the same reasons as stated above.
Conclusion
THIS ACTION IS MADE FINAL. 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 LEON VIET Q NGUYEN whose telephone number is (571)270-1185. The examiner can normally be reached Mon-Fri 11AM-7PM.
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/LEON VIET Q NGUYEN/Primary Examiner, Art Unit 2663
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