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 (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.
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.
Claim(s) 1-18, 20, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Habe (US 3132638 A) in view of Lavins (US 20230380626 A1).
Regarding claim 1, Habe teaches a cover (the assembly of the door 13 and heat shield 15 displayed in FIG. 6) for an opening (FIG. 1, opening 12) of a cooking chamber (FIG. 1, the interior of the oven 11) of an oven (FIG. 1, oven 11) comprising: a shield (FIG. 2, heat shield 15) to cover an upper portion of the opening (FIG. 2, the heat shield 15 covers an upper portion of the opening 12), and the shield having a lower edge (FIG. 6, the lower edge of the top panel 16), the lower edge configured to define the top of a food-receiving aperture within the opening (FIG. 2, the opening within the heat shield 15 into which food is inserted).
Habe fails to teach the shield comprising a light-permeable viewing area.
However, Lavins teaches the shield comprising a light-permeable viewing area (FIG. 1, window opening 12 is transparent, and is a part of the door 10, which shields a user from heat).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Habe by making the top panel 16 of the heat shield 15 out of a transparent material, as taught by Lavins, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Habe with these aforementioned teachings of Lavins with the motivation of not obstructing a user’s view of the cooking chamber when the door is open and the shield is extended.
Regarding claim 2, Habe teaches an assembly for an oven (the assembly of the heat shield 15 displayed in FIG. 6) comprising: an oven door (FIG. 2, oven door 13) for an opening (FIG. 1, opening 12) of a cooking chamber (FIG. 1, the interior of the oven 11) of the oven (FIG. 1, oven 11), and being moveable between an open position and a closed position (FIG. 1, the oven door 13 may be opened and closed), and a shield (FIG. 2, heat shield 15) having a lower edge (FIG. 6, the lower edge of the top panel 16), the shield being operably coupled to movement of the oven door (FIGS. 3 and 4) and moveable between: a deployed configuration corresponding to the open position of the oven door (FIG. 4); and a retracted configuration corresponding to the closed position of the oven door (FIG. 3), wherein, in the deployed configuration, the shield is to cover the opening to a greater degree than when the shield is in the retracted configuration (FIGS. 3 and 4, when the heat shield 15 is deployed, the top portion 16 extends downwardly somewhat and covers more of the opening 12), and the lower edge of the shield is configured to define the top of a food-receiving aperture (FIG. 2, the opening within the heat shield 15 into which food is inserted).
Habe fails to teach the oven door comprising a light-permeable viewing area.
However, Lavins teaches the oven door comprising a light-permeable viewing area (FIG. 1, window opening 12 is transparent, and is a part of the door 10, which shields a user from heat).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Habe by including a window in the heat shield 15, as taught by Lavins, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Habe with these aforementioned teachings of Lavins with the motivation of not obstructing a user’s view of the cooking chamber when the door is open and the shield is extended.
Regarding claim 3, the combination of Habe and Lavins teaches that movement of the oven door between the open position and the closed position causes corresponding switching of the configuration of the shield between the deployed configuration and the retracted configuration, respectively (FIGS. 3 and 4, the opening and closing of the oven door 13 takes the heat shield 15 between deployed and non-deployed configurations).
Regarding claim 4, the combination of Habe and Lavins teaches that the shield acts as a partial seal between the cooking chamber and a surrounding environment of the oven (FIG. 3, the heat shield 15 pushes against the door 13, making a partial seal).
Regarding claim 5, the combination of Habe and Lavins teaches that the shield comprises a frame (Habe, FIG. 6, the frame of the heat shield 15) extending beyond at least part of the periphery of the viewing area (the window of Lavins is disposed in a center of the door. In Habe, the heat shield 15 extends about an edge of the door.).
Regarding claim 6, the combination of Habe and Lavins teaches that a first portion (Habe, FIG. 6, lip 35) of the frame defines a lower edge of the food-receiving aperture (Habe, FIG. 6, the lip 35 defines the lower edge of the heat shield 35).
Regarding claim 7, the combination of Habe and Lavins teaches that a second portion of the frame forms the lower edge of the shield (Habe, FIG. 6, the lip 35 defines the lower edge of the heat shield 35).
Regarding claim 8, the combination of Habe and Lavins teaches that the shield is attachable to the oven via the frame being attached to the oven (Habe, FIG. 5, the heat shield 15 is attached to the oven 11 via the frame).
Regarding claim 9, the combination of Habe and Lavins teaches that the viewing area is formed by a sheet of transparent material (Lavins, FIG. 1, the window 12 is transparent), and optionally, wherein the sheet of transparent material is formed by borosilicate glass.
Regarding claim 10, the combination of Habe and Lavins teaches that the lower edge of the shield is formed by a lower edge of the viewing area to define the top of the food- receiving aperture (in the combination above, the top panel 16 is made of transparent material, meaning that the lower edge is transparent).
Regarding claim 11, the combination of Habe and Lavins teaches that the shield is adjustable to alter the height of the lower edge of the shield, such that the height of the food-receiving aperture is adjustable (FIGS. 3 and 4, the height of the lower edge of the top panel 16 is adjusted as the door 13 is opened).
Regarding claim 12, the combination of Habe and Lavins teaches that the cover is an oven door moveable by rotation about a pivot (Habe, FIG. 2, oven door 13 is a door).
Regarding claim 13, the combination of Habe and Lavins teaches an oven having a housing and cooking chamber with an opening and comprising the cover or the assembly according to claim 1, wherein either: the cover is attached to the housing thereby covering an upper portion of the opening and defining the top of a food-receiving aperture within the opening; or the shield of the assembly is attached to the oven (Habe, FIG. 5, the heat shield 15 is attached to the oven 11 via the frame) thereby covering an upper portion of the opening in the deployed configuration (Habe, FIG. 6, the lip 35 defines the lower edge of the heat shield 35, which is above the opening 12), and the oven door of the assembly is attached to the housing (FIG. 1).
Regarding claim 14, the combination of Habe and Lavins teaches that the cover is removably attached to the oven housing (Habe, FIG. 1, the door 13 could be removed from the assembly).
Regarding claim 15, the combination of Habe and Lavins teaches that the cover is operable as an oven door (Habe, FIG. 1, the oven door 13 is a door), the oven door having at least a first door position (Habe, FIG. 3) and a second door position (Habe, FIG. 4).
Regarding claim 16, the combination of Habe and Lavins teaches that the shield comprises a frame (Habe, FIG. 6, the frame of the heat shield 15) extending beyond at least part of the periphery of the viewing area (the window of Lavins is disposed in a center of the door. In Habe, the heat shield 15 extends about an edge of the door.) and wherein the frame of the cover is a door frame (Habe, FIG. 1, the oven door 13 is a door).
Regarding claim 17, the combination of Habe and Lavins teaches an oven door (Habe, FIG. 1, the front of oven door 13) and wherein the cover is positioned behind the oven door (Habe, FIG. 1, the rear surface of the oven door 13), optionally wherein the cover is positioned within the oven.
Regarding claim 18, the combination of Habe and Lavins teaches a method of using an oven according to claim 13 comprising inserting food into or removing food from the cooking chamber through the food-receiving aperture (Habe, FIG. 2, food is inserted into and taken out of the oven through the opening 12).
Regarding claim 20, the combination of Habe and Lavins teaches lowering the lower edge of the shield during an initial heating phase or a cooking phase of the oven (Habe, FIG. 4, the lower edge of the top plate 16 lowers when the door 13 is opened at the beginning of the cooking phase (when the food is inserted)).
Regarding claim 21, the combination of Habe and Lavins teaches raising the lower edge of the shield during operation of the oven to insert food in and/or remove food from the cooking chamber (Habe, FIG. 3, when the door is closed after inserting food, the lower edge of the top plate 16 is raised).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C. WEINERT whose telephone number is (571)272-6988. The examiner can normally be reached 9:00-5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM C WEINERT/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762
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