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 Objections
Claims 9 is objected to because of the following informalities:
Regarding Claim 9, lines 5-6, “a vent opening defining in the upper wrapper” should read “a vent opening defined in the upper wrapper.”
Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Peter (EP 3428544 A1) in view of Shao et al. (CN 110425576 A, hereafter Shao) and Jiang et al. (CN 115143496 A, hereafter Jiang)
Reference is made to the attached German to English machine translation of Peter ‘544.
Reference is made to the attached Chinese to English machine translation of Shao ‘576.
Reference is made to the attached Chinese to English machine translation of Jiang ‘496.
Citations are to Peter unless otherwise indicated.
Regarding claim 1, Peter discloses a cooking appliance (Abstract), comprising:
an internal support (Fig. 1, muffle 103) defining a cooking cavity (Fig. 1, cooking chamber 11);
an upper wrapper (Fig. 2, air guide lower part 51) disposed above the internal support (Par. 0045, “Below the air guide lower part 51 is the muffle 103”), wherein the upper wrapper defines a vent opening (Fig. 2, vent opening 2);
a venting assembly coupled to the upper wrapper (annotated Fig. A, venting assembly), wherein the venting assembly includes:
a support plate (annotated Fig. A, support plate. Note the structure identified in annotated Fig. A supports the venting assembly and comprises a flat piece of material or plate, therefore the structure is a ‘support plate’) coupled to an upper surface of the upper wrapper (Fig. 2, upper surface of air guide lower part 51);
a motor (Par. 0050, “To move the locking element 3, an actuating device 4 with an electric drive device 14 and, for example, an electric motor is provided here” );
at least one cover (Fig. 2, locking element 3); and
a controller (Par. 0028, control device) configured to (capable of) activate the motor (Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand that the controller is capable of activating the motor to open and close the ventilation opening in light of Peter’s disclosure), to rotate the at least one cover relative to the vent opening (Par. 0028, “at least one control device is provided and is suitable and designed to open and/or close the ventilation opening with the closing element”).
PNG
media_image1.png
434
492
media_image1.png
Greyscale
[AltContent: textbox (Venting
assembly)][AltContent: arrow][AltContent: textbox (Support
plate)]
Fig. A: Annotated copy of Fig. 2 from Peter showing location of prior art elements labeled with applicant’s terminology.
However, Peter does not disclose a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening;
a motor operably coupled with a shaft;
a first gear coupled to the shaft, wherein the motor is configured to rotate the first gear over a surface of the support plate;
a second gear operably coupled to the first gear;
at least one cover coupled to the second gear; and
wherein rotation of the shaft by the motor causes rotation of the first gear and, consequently, rotation of the second gear.
NOTE: Peter discloses locking element 3 can be actuated via various means: “Moving the locking element 3 into different positions can also be done with a different gear unit 8 than the one shown here. For example, linear displacement may be provided, for example with a rack and pinion device or a spindle device” (Par. 0053). In addition, Fig. 1 of Peter suggests a structure similar to a chimney in order to fluidly couple the cooking cavity to the area above the internal support (i.e., a venting channel).
Shao discloses a gas cooker (Abstract) similar to the present invention and Shao further discloses it is known to have a chimney (annotated Fig. B, chimney) coupled to an internal support (annotated Fig. B, internal support) and an upper wrapper (annotated Fig. B, upper wrapper), the chimney fluidly coupling a cavity (annotated Fig. B, cavity) to the ambient environment via a vent opening (annotated Fig. B, vent opening);
a first gear (Fig. 5, first gear 45a) coupled to a shaft (‘Example 2’, Par. 3, “the first gear 45a is connected to the gas knob 8 of the rotating shaft 81 so as to rotate synchronously gas knob 8.”), wherein the first gear rotates over a surface of a support plate (annotated Fig. C, support plate. Note the structure identified in annotated Fig. B supports at least first gear 45a and comprises a flat piece of material or plate, therefore the structure is a ‘support plate’);
a second gear operably coupled to the first gear (Fig. 5, fourth gear 45d); and
at least one cover (Fig. 5, first cover plate 41) coupled to the second gear (Figs. 6 and 8, first cover plate 41 is operationally coupled to fourth gear 45d via fifth gear 45e, third gear 45c, and connecting rod 44);
wherein rotation of the shaft causes rotation of the first gear (‘Example 2’, Par. 3, as quoted above) and, consequently, rotation of the second gear (‘Example 2’, Par. 7, “fan-shaped first gear 45a drives the fourth gear 45d and the fifth gear 45e rotating motion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooking appliance of Peter to include a chimney as taught by Shao in order to have a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening and thereby increase the efficiency and effectiveness of removing steam and/or fumes from the cooking cavity. Note the venting channel is formed above the air guide lower part 51 (i.e., upper wrapper) but below the top panel of baking oven 100 of modified Peter. Furthermore, it’s the Examiner’s position that that chimneys in cooking appliances are well known in the art, as indicated by the chimney in muffle 7 that surrounds the catalytic reactor 11 in Fig 1 of Logel et al. (US4654508A) and duct 6 in Fig. 1 of Faraldi et al. (US 10852005 B2), both of which are referenced in the conclusion.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the movement mechanism of the venting assembly of Peter to have a first and second gear. Peter discloses a venting assembly with a linkage mechanism and Shao shows that a drive and follower gear is an equivalent movement mechanism for a venting assembly known in the art. Therefore, because the two movement mechanisms were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the movement mechanism of Peter with the movement mechanism of Shao. Thus, the simple substitution of one known element for another producing a predicable result, namely movement, renders the claim obvious before the effective filing date of the invention. See MPEP 2143 B. Furthermore, it’s noted that the movement mechanism of Shao would have the benefit of improving the precision and stability of the venting assembly (As suggested by ‘Summary of the Invention’, Par. 26 of Shao: “the transmission mode of the transmission unit is a gear transmission, so as to improve the precision and stability of the transmission system”).
PNG
media_image3.png
423
635
media_image3.png
Greyscale
[AltContent: textbox (Internal
support)][AltContent: arrow][AltContent: textbox (Chimney)][AltContent: arrow][AltContent: textbox (Upper wrapper)][AltContent: textbox (Cavity)][AltContent: arrow][AltContent: textbox (Vent opening)]
Fig. B: Annotated copy of Fig. 2 from Shao showing location of prior art elements labeled with applicant’s terminology.
PNG
media_image5.png
598
551
media_image5.png
Greyscale
[AltContent: arrow][AltContent: textbox (Support
plate)]
Fig. C: Annotated copy of Fig. 5 from Shao showing location of prior art elements labeled with applicant’s terminology.
However, Peter in view of Shao would have a subsequent need to connect the motor as disclosed by Peter to the shaft as disclosed by Shao. Note Peter, as modified above, does not disclose a motor operably coupled with a shaft;
a first gear coupled to the shaft, wherein the motor is configured to rotate the first gear over a surface of the support plate; and
wherein rotation of the shaft by the motor causes rotation of the first gear and, consequently, rotation of the second gear.
Jiang discloses a range hood for a kitchen electric appliance (Par. n0001) similar to the present invention and Jiang further discloses it is known to have a motor (Fig. 7, motor 500) operably coupled with a shaft (Fig. 7, output shaft 502);
a first gear (Fig. 1, drive gear 501) coupled to the shaft (See Par. n0077), wherein the motor is configured to rotate the first gear over a surface of a support plate (Fig. 9, front surface of top instance of support plate 102); and
wherein rotation of the shaft by the motor causes rotation of the first gear and, consequently, rotation of a second gear (Par. n0078, “Thus, after the opening and closing motor 500 starts, the output shaft 502 rotates, causing the drive gear 501 to rotate synchronously, thereby driving the transmission gear 400 meshing with the drive gear 501 to rotate”. Note the second gear is read on by the right instance of transmission gear 400 shown in Fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the venting assembly of Peter, as modified above, to include the connection between the motor and shaft as taught by Jiang in order to have the motor and first gear coupled to the shaft (As suggested by Par. n0078 of Jiang, as quoted above) and thereby increase the service life and operational reliability of the venting assembly (As suggested by Par. n0004 of Jiang: “this invention proposes a condenser plate opening and closing mechanism, which has the advantages of long service life and high operational reliability”).
Regarding claim 2, Peter, as modified above, discloses the cooking appliance of claim 1.
However, Peter, as modified above, does not disclose the at least one cover includes a first cover and a second cover plate coupled to the second gear.
Jiang further discloses it is known to have at least one cover (Fig. 11, condenser plate 700. See Par. n0096, “When the liner body 301 and the condenser plate 700 are bonded together”) which includes a first cover (Fig. 11, left instance of condenser plate 700) and a second cover plate (Fig. 11, right instance of condenser plate 700) coupled to the second gear (Fig. 9, right instance of transmission gear 400. Note the left instance of condenser plate 700 is operationally coupled to the right instance of transmission gear 400 via the left instance of liner plate 300, connecting arm 201, shaft 200 and left instance of transmission gear 400. Note the right instance of condenser plate 700 is operationally coupled to the right instance of transmission gear 400 via the right instance of liner plate 300, connecting arm 201, and shaft 200).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to optimize and arrive at another cover plate in view of the two cover plates as disclosed Jiang, recognizing that more cover plates is directly correlated to increased reliability, which is a desirable characteristic, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 VI-B. One of ordinary skill in the art would understand a cover is merely an efficient means of covering and uncovering an opening. Please note that in the instant application, the Applicant has not disclosed a new and unexpected result for the claimed limitation.
Regarding claim 3, Peter, as modified above, discloses the cooking appliance of claim 2.
However, Peter, as modified above, does not disclose the first cover plate is coupled to the second cover plate via a coupling portion.
Jiang further discloses it is known for a first cover plate (Fig. 11, left instance of condenser plate 700) to be coupled to a second cover plate (Fig. 11, right instance of condenser plate 700) via a coupling portion (Fig. 9, liner plates 300, connecting arms 201, and left instance of transmission gear 400).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second cover plates of Peter, as modified above, to include a coupling portion as taught by Jiang in order to couple the first and second cover plates and thereby create a one-to-one correspondence between the cover plates (As suggested by Par. n108 of Jiang: “Specifically, a pair of condensing plates 700 are fixedly connected to a pair of liners 300 in a one-to-one correspondence. That is, one liner 300 is connected to one condensing plate 700. When the rotating shaft 200 rotates, the liners 300 rotate together.”). Note 1) a one-to-one correspondence between the cover plates increases simplicity because both covers can be actuated together and 2) simplicity in mechanical systems often has a positive correlation with higher reliability, which is a desirable characteristic.
Regarding claim 4, Peter, as modified above, discloses the cooking appliance of claim 1, wherein the first gear is wedge-shaped (Shao: Fig. 5, first gear 45a) and the second gear is circular (Shao: Fig. 5, fourth gear 45d).
Regarding claim 5, Peter, as modified above, discloses the cooking appliance of claim 1, wherein the at least one cover (Fig. 2, locking element 3), the first gear (Shao: Fig. 5, first gear 45a), and the second gear (Shao: Fig. 5, fourth gear 45d) are each configured to rotate about a respective vertical axis (Fig. 2, vertical axis that is perpendicular to air guide lower part 51).
Regarding claim 6, Peter, as modified above, discloses the cooking appliance of claim 1, wherein the at least one cover (Fig. 2, locking element 3) is disposed between the upper wrapper (Fig. 2, air guide lower part 51) and the support plate (annotated Fig. A, support plate) to slide across (Figs. 2-3) the upper surface (Fig. 2, upper surface of air guide lower part 51) to open and close the vent opening (Fig. 2, vent opening 2).
Regarding claim 7, Peter, as modified above, discloses the cooking appliance of claim 1, wherein the first gear (Shao: Fig. 5, first gear 45a) is larger than the second gear (Shao: Fig. 5, fourth gear 45d. Note first gear 45a is at least longer than fourth gear 45d) with the first gear and the second gear having a predefined ratio in sizes to transfer rotational movement through the venting assembly (annotated Fig. A, venting assembly. Note first gear 45a and fourth gear 45d have predefined ratios in sizes and transfer rotational movement through the venting assembly of modified Peter, therefore they read on the limitation as claimed).
Regarding claim 8, Peter, as modified above, discloses the cooking appliance of claim 1, wherein the at least one cover (Fig. 2, locking element 3) is disposed at a first end of the support plate (annotated Fig. A, bottom end of support plate) and the motor (Par. 0050, “To move the locking element 3, an actuating device 4 with an electric drive device 14 and, for example, an electric motor is provided here” ) is disposed at a second opposing end of the support plate (annotated Fig. A, top end of support plate).
Regarding claim 9, Peter discloses a cooking appliance (Abstract), comprising:
an internal support (Fig. 1, muffle 103) defining a cooking cavity (Fig. 1, cooking chamber 11);
an upper wrapper (Fig. 2, air guide lower part 51) disposed proximate to the internal support (Par. 0045, “Below the air guide lower part 51 is the muffle 103”), the upper wrapper at least partially defining a venting channel (Fig. 2, portion above air guide lower part 51 but below the top panel of baking oven 100);
a venting assembly (annotated Fig. A, venting assembly) coupled to an upper surface of the upper wrapper (Fig. 2, upper surface of air guide lower part 51) adjacent to a vent opening (Fig. 2, vent opening 2), wherein the venting assembly includes:
an motor (Par. 0050, “To move the locking element 3, an actuating device 4 with an electric drive device 14 and, for example, an electric motor is provided here”);
at least one cover plate (Fig. 2, locking element 3), wherein the motor is configured to drive the at least one cover plate relative to the vent opening to open and close the vent opening (Par. 0050, as quoted above and Par. 0001, “At least one locking element is provided for the automated closing and/or opening of the ventilation opening”); and
a controller communicatively coupled with the venting assembly (Par. 0028, control device), wherein the controller is configured to (capable of) activate the motor (Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand that the controller is capable of activating the motor to open and close the ventilation opening in light of Peter’s disclosure) to rotate the at least one cover plate relative to the vent opening (Par. 0028, “at least one control device is provided and is suitable and designed to open and/or close the ventilation opening with the closing element”).
However, Peter does not disclose a chimney fluidly coupling the cooking cavity with the venting channel via a vent opening defining in the upper wrapper;
a drive gear coupled to the motor;
a follower gear operably coupled to the drive gear; and
at least one cover plate operably coupled to the follower gear, wherein the motor is configured to drive rotation of the drive gear, which, consequently, causes rotation of the follower gear and the at least one cover plate relative to the vent opening to open and close the vent opening; and
the controller is configured to activate the motor to drive rotation of the drive gear, which causes rotation of the follower gear, and wherein the rotation of the follower gear drives rotation of the at least one cover plate relative to the vent opening.
NOTE: Peter discloses locking element 3 can be actuated via various means: “Moving the locking element 3 into different positions can also be done with a different gear unit 8 than the one shown here. For example, linear displacement may be provided, for example with a rack and pinion device or a spindle device” (Par. 0053). In addition, Fig. 1 of Peter suggests a structure similar to a chimney in order to fluidly couple the cooking cavity to the area above the internal support (i.e., a venting channel).
Shao discloses a gas cooker (Abstract) similar to the present invention and Shao further discloses it is known to have a chimney (annotated Fig. B, chimney) fluidly coupling a cavity (annotated Fig. B, cavity) with the ambient environment via a vent opening (annotated Fig. B, vent opening) defining in a upper wrapper (annotated Fig. B, upper wrapper);
a drive gear (Fig. 5, first gear 45a);
a follower gear operably coupled to the drive gear (Fig. 5, fourth gear 45d); and
at least one cover (Fig. 5, first cover plate 41) operably coupled to the follower gear (Figs. 6 and 8, first cover plate 41 is operationally coupled to fourth gear 45d via fifth gear 45e, third gear 45c, and connecting rod 44),
wherein rotation of the drive gear (‘Example 2’, Par. 3, as quoted above) consequently causes rotation of the follower gear (‘Example 2’, Par. 7, “fan-shaped first gear 45a drives the fourth gear 45d and the fifth gear 45e rotating motion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooking appliance of Peter to include a chimney as taught by Shao in order to have a chimney fluidly coupling the cooking cavity and a venting channel via the vent opening defining in the upper wrapper and thereby increase the efficiency and effectiveness of removing steam and/or fumes from the cooking cavity. Furthermore, it’s the Examiner’s position that that chimneys in cooking appliances are well known in the art, as indicated by the chimney in muffle 7 that surrounds the catalytic reactor 11 in Fig 1 of Logel et al. (US4654508A) and duct 6 in Fig. 1 of Faraldi et al. (US 10852005 B2), both of which are referenced in the conclusion.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the movement mechanism of the venting assembly of Peter to have a drive and follower gear. Peter discloses a venting assembly with a linkage mechanism and Shao shows that a drive and follower gear is an equivalent movement mechanism for a venting assembly known in the art. Therefore, because the two movement mechanisms were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the movement mechanism of Peter with the movement mechanism of Shao. Thus, the simple substitution of one known element for another producing a predicable result, namely movement, renders the claim obvious before the effective filing date of the invention. See MPEP 2143 B. Furthermore, it’s noted that the movement mechanism of Shao would have the benefit of improving the precision and stability of the venting assembly (As suggested by ‘Summary of the Invention’, Par. 26 of Shao: “the transmission mode of the transmission unit is a gear transmission, so as to improve the precision and stability of the transmission system”).
However, Peter, as modified above, does not disclose a drive gear coupled to the motor;
at least one cover plate operably coupled to the follower gear, wherein the motor is configured to drive rotation of the drive gear; and
the controller is configured to activate the motor to drive rotation of the drive gear, which causes rotation of the follower gear.
Jiang discloses a range hood for a kitchen electric appliance (Par. n0001) similar to the present invention and Jiang further discloses it is known to have a drive gear (Fig. 1, drive gear 501) coupled to a motor (Fig. 7, motor 500 and Par. n0109, “the opening and closing motor 500 drives the transmission gear 400 to rotate”),
wherein the motor is configured to drive rotation of the drive gear (Par. n0109, as quoted above); and
activating the motor drives rotation of the drive gear, which causes rotation of the follower gear (Par. n0078, “Thus, after the opening and closing motor 500 starts, the output shaft 502 rotates, causing the drive gear 501 to rotate synchronously, thereby driving the transmission gear 400 meshing with the drive gear 501 to rotate”. Note the follower gear is read on by the right instance of transmission gear 400 shown in Fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the venting assembly of Peter, as modified above, to include the connection between the motor and shaft as taught by Jiang in order to couple the motor and drive gear and thereby increase the service life and operational reliability of the venting assembly (As suggested by Par. n0004 of Jiang: “this invention proposes a condenser plate opening and closing mechanism, which has the advantages of long service life and high operational reliability”).
Regarding claim 10, these limitations are recited in the same or substantially the same manner as in claim 2 above. Therefore, claim 10 is rejected in the same or substantially the same manner as applied to claim 2 above.
Regarding claim 11, Peter, as modified above, discloses the cooking appliance of claim 10.
However, Peter, as modified above, does not disclose the first and second cover plates are arranged diametrically opposite one another relative to the follower gear.
Jiang further discloses it is known for the first (Fig. 11, left instance of condenser plate 700) and second (Fig. 11, right instance of condenser plate 700) cover plates to be arranged diametrically opposite one another relative to the follower gear (Fig. 9, right instance of transmission gear 400).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second cover plates of Peter, as modified above, to be arranged diametrically opposite one another relative to the follower gear as taught by Jiang in order to create a one-to-one correspondence between the cover plates (As suggested by Par. n108 of Jiang: “Specifically, a pair of condensing plates 700 are fixedly connected to a pair of liners 300 in a one-to-one correspondence. That is, one liner 300 is connected to one condensing plate 700. When the rotating shaft 200 rotates, the liners 300 rotate together.”) and thereby increase simplicity because both covers can be actuated together. Note simplicity in mechanical systems often has a positive correlation with higher reliability, which is a desirable characteristic. Furthermore, it has been held that the configuration of a claimed element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed cover plates was significant. MPEP 2144.04 VI-C.
Regarding claim 12, Peter, as modified above, discloses the cooking appliance of claim 9, wherein the venting assembly (annotated Fig. A, venting assembly) includes a support plate (annotated Fig. A, support plate. Note the structure identified in annotated Fig. A supports the venting assembly and comprises a flat piece of material or plate, therefore the structure is a ‘support plate’) extending along the upper surface (Fig. 2, upper surface of air guide lower part 51).
Regarding claim 13, Peter, as modified above, discloses the cooking appliance of claim 12, wherein the at least one cover plate (Fig. 2, locking element 3) is disposed below the support plate (annotated Fig. A, support plate) abutting the upper surface (Fig. 2, upper surface of air guide lower part 51).
However, Peter, as modified above, does not disclose the drive gear and the follower gear are disposed above the support plate.
Jiang further discloses the drive gear (Fig. 1, drive gear 501) and the follower gear (Fig. 9, right instance of transmission gear 400) are disposed above the support plate (Fig. 9, top instance of support plate 102).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the drive and follower gears of Peter, as modified above, to be disposed above the support plate as taught by Jiang in order to decrease the height between the upper wrapper and the support plate and thereby limit the vertical play available to the cover plate. Furthermore, it has been held that the configuration of a claimed element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed cover plates was significant. MPEP 2144.04 VI-C.
Regarding claim 14, these limitations are recited in the same or substantially the same manner as in claim 4 above. Therefore, claim 14 is rejected in the same or substantially the same manner as applied to claim 4 above.
Regarding claim 15, Peter, as modified above, discloses the cooking appliance of claim 14.
However, Peter, as modified above, does not disclose the at least one cover plate includes first and second cover plates, and wherein the drive gear is configured to rotate a first predefined degree of rotation to move the first cover plate to uncover the vent opening and a second predefined degree of rotation in a same direction to position the second cover plate over the vent opening.
Jiang further discloses it is known for the at least one cover plate (Fig. 11, condenser plate 700. See Par. n0096, “When the liner body 301 and the condenser plate 700 are bonded together”) to include first (Fig. 11, left instance of condenser plate 700) and second (Fig. 11, right instance of condenser plate 700) cover plates, and wherein the drive gear (Fig. 1, drive gear 501) is configured to (capable of) rotate a first predefined degree of rotation (Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand that the first gear 45a is capable of rotating a first predefined degree of rotation to move the left instance of condenser plate 700 to uncover the vent opening) to move the first cover plate (Jiang: Fig. 11, left instance of condenser plate 700) to uncover the vent opening (Fig. 2, vent opening 2) and a second predefined degree of rotation (Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand that the first gear 45a is capable of rotating a first predefined degree of rotation to move the right instance of condenser plate 700 to cover the vent opening) to position the second cover plate (Jiang: Fig. 11, right instance of condenser plate 700) over the vent opening (Fig. 2, vent opening 2).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to optimize and arrive at another cover plate in view of the two cover plates as disclosed Jiang, recognizing that more cover plates is directly correlated to increased reliability, which is a desirable characteristic, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 VI-B. One of ordinary skill in the art would understand a cover is merely an efficient means of covering and uncovering an opening. Please note that in the instant application, the Applicant has not disclosed a new and unexpected result for the claimed limitation.
However, Peter, as modified above, does not disclose the at least one cover plate includes first and second cover plates, and wherein the drive gear is configured to rotate a first predefined degree of rotation to move the first cover plate to uncover the vent opening and a second predefined degree of rotation in a same direction to position the second cover plate over the vent opening.
However, the court has held that reversal of movement is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed element were significant. See MPEP 2144.04 VI A. In this case, the applicant has not provided any significance to the first and second cover plates uncovering and covering the vent opening, respectively, when the first gear moves in a given direction. In this case, the first and second cover plates uncovering and covering the vent opening, respectively, when the first gear moves in a given direction would provide the predictable benefit of faster adjustment of the venting assembly in response to changing cooking needs.
Regarding claim 16, Peter discloses a cooking appliance (Abstract), comprising:
an internal support (Fig. 1, muffle 103) defining a cooking cavity (Fig. 1, cooking chamber 11);
an upper wrapper (Fig. 2, air guide lower part 51) disposed above the internal support (Par. 0045, “Below the air guide lower part 51 is the muffle 103”), wherein the upper wrapper defines a vent opening (Fig. 2, vent opening 2);
a venting assembly coupled to the upper wrapper (annotated Fig. A, venting assembly), wherein the venting assembly includes:
a support plate (annotated Fig. A, support plate. Note the structure identified in annotated Fig. A supports the venting assembly and comprises a flat piece of material or plate, therefore the structure is a ‘support plate’) coupled to an upper surface of the upper wrapper (Fig. 2, upper surface of air guide lower part 51);
a motor (Par. 0050, “To move the locking element 3, an actuating device 4 with an electric drive device 14 and, for example, an electric motor is provided here”), wherein the motor is disposed at a first end of the support plate (annotated Fig. A, bottom end of support plate); and
at least one cover (Fig. 2, locking element 3) at a second opposing end of the support plate (annotated Fig. A, top end of support plate), wherein the at least one cover is disposed between a lower surface of the support plate and the upper surface of the upper wrapper (annotated Fig. A); and
a controller (Par. 0028, control device) configured to (capable of) activate the motor (Examiner notes “configured to” is a recitation of functional language so the prior art must only be capable of performing the recited function. One of ordinary skill in the art would understand that the controller is capable of activating the motor to open and close the ventilation opening in light of Peter’s disclosure).
However, Peter does not disclose a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening;
a motor operably coupled with a shaft;
a first gear coupled to the shaft, wherein the motor is configured to rotate the first gear over an upper surface of the support plate;
a second gear operably coupled to the first gear proximate to the upper surface of the support plate;
at least one cover coupled to the second gear; and
a rotational force from the motor is transferred through the first and second gears along the support plate to the at least one cover.
NOTE: Peter discloses locking element 3 can be actuated via various means: “Moving the locking element 3 into different positions can also be done with a different gear unit 8 than the one shown here. For example, linear displacement may be provided, for example with a rack and pinion device or a spindle device” (Par. 0053). In addition, Fig. 1 of Peter suggests a structure similar to a chimney in order to fluidly couple the cooking cavity to the area above the internal support (i.e., a venting channel).
Shao discloses a gas cooker (Abstract) similar to the present invention and Shao further discloses it is known to have a chimney (annotated Fig. B, chimney) coupled to an internal support (annotated Fig. B, internal support) and an upper wrapper (annotated Fig. B, upper wrapper), the chimney fluidly coupling a cavity (annotated Fig. B, cavity) to the ambient environment via a vent opening (annotated Fig. B, vent opening);
a first gear (Fig. 5, first gear 45a) coupled to a shaft (‘Example 2’, Par. 3, “the first gear 45a is connected to the gas knob 8 of the rotating shaft 81 so as to rotate synchronously gas knob 8.”), wherein the first gear rotates over an upper surface of a support plate (annotated Fig. C, upper surface of support plate. Note the structure identified in annotated Fig. B supports at least first gear 45a and comprises a flat piece of material or plate, therefore the structure is a ‘support plate’);
a second gear operably coupled to the first gear (Fig. 5, fourth gear 45d) proximate to the upper surface of the support plate (annotated Fig. C, upper surface of support plate); and
at least one cover (Fig. 5, first cover plate 41) coupled to the second gear (Figs. 6 and 8, first cover plate 41 is operationally coupled to fourth gear 45d via fifth gear 45e, third gear 45c, and connecting rod 44); and
a rotational force is transferred through the first and second gears (‘Example 2’, Par. 7, “fan-shaped first gear 45a drives the fourth gear 45d and the fifth gear 45e rotating motion”) to the at least one cover (‘Example 2’, Par. 7, “the first gear drives the second gear 45b rotating motion, then the fan-shaped gear linked with the second gear 45b then drives the third gear 45c located on the surface of the worm 46 to rotate, the connecting rod 44 upward, and finally is indicated by the first cover plate 41”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooking appliance of Peter to include a chimney as taught by Shao in order to have a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening and thereby increase the efficiency and effectiveness of removing steam and/or fumes from the cooking cavity. Note the venting channel is formed above the air guide lower part 51 (i.e., upper wrapper) but below the top panel of baking oven 100 of modified Peter. Furthermore, it’s the Examiner’s position that that chimneys in cooking appliances are well known in the art, as indicated by the chimney in muffle 7 that surrounds the catalytic reactor 11 in Fig 1 of Logel et al. (US4654508A) and duct 6 in Fig. 1 of Faraldi et al. (US 10852005 B2), both of which are referenced in the conclusion.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the movement mechanism of the venting assembly of Peter to have a first and second gear. Peter discloses a venting assembly with a linkage mechanism and Shao shows that a drive and follower gear is an equivalent movement mechanism for a venting assembly known in the art. Therefore, because the two movement mechanisms were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the movement mechanism of Peter with the movement mechanism of Shao. Thus, the simple substitution of one known element for another producing a predicable result, namely movement, renders the claim obvious before the effective filing date of the invention. See MPEP 2143 B. Furthermore, it’s noted that the movement mechanism of Shao would have the benefit of improving the precision and stability of the venting assembly (As suggested by ‘Summary of the Invention’, Par. 26 of Shao: “the transmission mode of the transmission unit is a gear transmission, so as to improve the precision and stability of the transmission system”).
However, Peter in view of Shao would have a subsequent need to connect the motor as disclosed by Peter to the shaft as disclosed by Shao. Note Peter, as modified above, does not disclose a motor operably coupled with a shaft;
a first gear coupled to the shaft, wherein the motor is configured to rotate the first gear over an upper surface of the support plate;
a rotational force from the motor is transferred through the first and second gears along the support plate to the at least one cover.
Jiang discloses a range hood for a kitchen electric appliance (Par. n0001) similar to the present invention and Jiang further discloses it is known to have a motor (Fig. 7, motor 500) operably coupled with a shaft (Fig. 7, output shaft 502);
a first gear (Fig. 1, drive gear 501) coupled to the shaft (See Par. n0077), wherein the motor is configured to rotate the first gear over an upper surface of a support plate (Fig. 9, front surface of top instance of support plate 102); and
a rotational force from the motor is transferred through the first and second gears along the support plate to the at least one cover (Par. n0078, “Thus, after the opening and closing motor 500 starts, the output shaft 502 rotates, causing the drive gear 501 to rotate synchronously, thereby driving the transmission gear 400 meshing with the drive gear 501 to rotate”. Note the second gear is read on by the right instance of transmission gear 400 shown in Fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the venting assembly of Peter, as modified above, to include the connection between the motor and shaft as taught by Jiang in order to have the motor and first gear coupled to the shaft (As suggested by Par. n0078 of Jiang, as quoted above) and thereby increase the service life and operational reliability of the venting assembly (As suggested by Par. n0004 of Jiang: “this invention proposes a condenser plate opening and closing mechanism, which has the advantages of long service life and high operational reliability”).
In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to increase the size of the support plate such that a rotational force from the motor is transferred through the first and second gears along the support plate as taught by Jiang since such a modification would allow both the first and second gears to be mounted to the support plate and doing so would result in different scale but no change in performance. See MPEP 2144.04, Section IV A.
Regarding claim 17, these limitations are recited in the same or substantially the same manner as in claim 4 above. Therefore, claim 17 is rejected in the same or substantially the same manner as applied to claim 4 above.
Regarding claim 18, Peter, as modified above, discloses the cooking appliance of claim 16, wherein the first gear (Shao: Fig. 5, first gear 45a) is configured to (capable of) rotate both clockwise (Shao: ‘Example 2’, Par. 7, “As shown in FIG. 7, when the fuel gas knob 8 in the clockwise direction, namely from switching to the small fire state, sports fan-shaped first gear 45a drives the fourth gear 45d and the fifth gear 45e rotating motion”) and counterclockwise (Shao: ‘Example 2’, Par. 7, “As shown in FIG. 6, when the fuel gas knob 8 anticlockwise, namely ignition state or switching from the small fire to fire sector of the 45a state, the first gear drives the second gear 45b rotating motion”) to adjust the at least one cover (Fig. 2, locking element 3) relative to the vent opening (Fig. 2, vent opening 2).
Regarding claim 19, these limitations are recited in the same or substantially the same manner as in claim 2 above. Therefore, claim 19 is rejected in the same or substantially the same manner as applied to claim 2 above.
Regarding claim 20, Peter, as modified above, discloses the cooking appliance of claim 16.
However, Peter, as modified above, does not disclose the at least one cover includes an integrated cover with first and second cover plates coupled via a connecting portion, the connecting portion being coupled with the second gear.
Jiang further discloses it is known for the at least one cover (Fig. 11, condenser plate 700) to include an integrated cover with first cover plate (Fig. 11, left instance of condenser plate 700) and second (Fig. 11, right instance of condenser plate 700) cover plates coupled via a coupling portion (Fig. 9, liner plates 300, connecting arms 201, and bottom instance of support plate 102), the connecting portion being coupled with the second gear (Fig. 9, left instance of transmission gear 400. Note the bottom instance of support plate 102 and the left instance of transmission gear 400 are coupled via shaft 200. Reference Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second cover plates of Peter, as modified above, to include a connecting portion as taught by Jiang in order to couple the first and second cover plates and thereby create a one-to-one correspondence between the cover plates (As suggested by Par. n108 of Jiang: “Specifically, a pair of condensing plates 700 are fixedly connected to a pair of liners 300 in a one-to-one correspondence. That is, one liner 300 is connected to one condensing plate 700. When the rotating shaft 200 rotates, the liners 300 rotate together.”). Note 1) a one-to-one correspondence between the cover plates increases simplicity because both covers can be actuated together and 2) simplicity in mechanical systems often has a positive correlation with higher reliability, which is a desirable characteristic.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Logel et al. (US4654508A) discloses a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening.
Faraldi et al. (US 10852005 B2) discloses a chimney coupled to the internal support and the upper wrapper, the chimney fluidly coupling the cooking cavity and a venting channel via the vent opening.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH ANN LAUGHLIN whose telephone number is (703)756-5924. The examiner can normally be reached Monday through Friday 9:30am to 5:30pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached on (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.A.L./Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
Prosecution Insights