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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 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 § 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.
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Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Huijsing (US 2020/0217725) as evidenced by Klok (US 2020/0248907).
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With respect to the limitations of claim 1, Huijsing teaches an electric oven (Figs 1, 2, oven 102, 0025, 0026) comprising: a body (Figs 1, 2, exterior of oven 102) having one open side (oven 102 inherently having open side as evidenced by Klok, figure 2C) and configured to accommodate and heat food to be cooked; an opening or closing door hinge-coupled (oven 102 inherently having hinged door as evidenced by Klok, figures 2A-2C, oven door 102, 0026, 0029, the oven door 102 may be hingedly coupled to the oven body 116) to the body and configured to cover an open part of the body to be opened or closed; and an alarm display portion (Fig 2, temperature related warning 202, 0029, 0031) attached to the opening or closing door and configured to display an alarm design when the body heats the food and thus a temperature of the opening or closing door reaches a set temperature (Figs 5A-5C, transitional states 502, 504, 506, 0036-0040, 0045).
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With respect to the limitations of claim 4, Huijsing teaches the alarm display portion is a thermo-sensitive film (0039, thermochromic paint) manufactured by mixing a film-printing solution with thermo-sensitive microcapsules.
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The limitation of "manufactured by mixing a film-printing solution with thermo-sensitive microcapsules" is a product by process claim, here it is noted that a comparison of the recited process with the prior art processes does NOT serve to resolve the issue concerning patentability of the product. In re Fessman, 489 F2d 742, 180 U.S. P.Q. 324 (CCPA 1974). Whether a product is patentable depends on whether is known in the art or it is obvious, and is not governed by whether the process by which it is made is patentable. In re Klug, 333 F2d 905, 142 U.S.P.Q 161 (CCPA 1964). In an ex parte case, product-by-process claims are not construed as being limited to the product formed by the specific process recited. In re Hirao et al., 535 F2d 67, 190 U.S.P.Q. 15, see footnote 3. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. MPEP 2113.
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.
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Claims 2 and 3 are rejected under 35 U.S.C. 103 as being obvious over Huijsing (US 2020/0217725) as applied to claim 1.
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With respect to the limitations of claims 2 and 3, Huijsing teaches the alarm display portion changes in color when a surface temperature of the opening or closing door reaches 50 °C and restores to an original color from a changed color when the surface temperature of the opening or closing door reaches less than 50 °C (Figs 5A-5C, transitional states 502, 504, 506, 0045-0047, temperature-related warning 500 may transition from the first transitional state 502, to the second transitional state 504, to the third transitional state 506 as the temperature decreases); the alarm display portion loses color and chroma and becomes transparent as the surface temperature of the opening or closing door becomes closer to 40 °C (Figs 5A-5C, transitional states 502, 504, 506, 0045-0047, temperature-related warning 500 may transition from the first transitional state 502, to the second transitional state 504, to the third transitional state 506 as the temperature decreases).
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Huijsing discloses the claimed invention except for the target transitioning temperature is 40 °C. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to set the target transitioning temperature to 40 °C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable target transitioning temperature involves only routine skill in the art (see MPEP 2144.04).
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Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Huijsing (US 2020/0217725) as applied to claim 1, further in view of Ono (US 2020/0071532).
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With respect to the limitations of claim 4, Huijsing teaches the alarm display portion is a thermo-sensitive film (0039, thermochromic paint). Huijsing discloses the claimed invention except for explicitly showing the thermo-sensitive film is manufactured by mixing a film-printing solution with thermo-sensitive microcapsules. However, Ono discloses the thermo-sensitive film is manufactured by mixing a film-printing solution with thermo-sensitive microcapsules (0026, 0127, thermochromic color-memory microcapsule pigment, and a vehicle; printing ink) 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 electric oven of Huijsing having a thermochromic alarm display portion silent to the manufacturing process of the thermochromic alarm display with the thermo-sensitive film is manufactured by mixing a film-printing solution with thermo-sensitive microcapsules of Ono for the purpose of providing a known process for the production of a thermochromic color-memory composition (Abstract, 0026) that is suitable for printing ink (0280, 0281).
Conclusion
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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 [8:00-5:00].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ibrahime Abraham can be reached on 571-270-5569. 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
12/2/2022