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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/044,830
`
`10/01/2020
`
`TAKESHI NAKASHIMA
`
`083710-3231
`
`6812
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`CHEN, KUANGYUE
`
`3761
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/10/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[VM. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230718
`
`Application No.
`Applicant(s)
`17/044,830
`NAKASHIMAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KUANGYUE CHEN
`3761
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 01 October 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013,
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`is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`The claim to priority filled on 10/01/2020 acknowledged in the instant application.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 10/01/2020, 07/21/2021
`
`and 07/20/2022 in compliance with the provisions of 37 CFR 1. 97. Accordingly, the
`
`information disclosure statement has been considered by the examiner.
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION—the specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventoror a joint inventor regards as the
`invention.
`
`5.
`
`Claim 9 are rejected under 35 U.S.C. 112(b) second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`the inventor or a joint inventor, or for pre-AlA the applicant regards as the invention.
`
`Claim 9 recites the limitation “the first illuminator’ in last to the second line. There
`
`is insufficient antecedent basis for this limitation in the claim. Appropriate correction/
`
`Clarification is required.
`
`The rest of the claims are also rejected because each claim depends ona
`
`rejected claim. For purpose of examination the suggest change will be assume unless
`
`otherwisestate.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 3
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`Claim Rejections - 35 USC § 103
`
`6.
`
`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 anew ground of
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`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 forall
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`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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied 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 atissue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`This application currently namesjoint inventors.
`
`In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidenceto the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 4
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`ownedasof the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`Claims 1-6 and9 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Yoon et al. (US 2012/0076350 Al) in view of Watanabe (US 6,496,272 BI).
`
`Regarding Independent Claim 1, Yoonetal. disclose a heating cooking device
`
`comprising:
`
`a heating chamber (a cooking chamber 11, [0017], Figs 1-3) having a front face
`
`opening (see Fig 1);
`
`a heater (heat source 25, [0022], Figs 2-3) that heats an object to be heated
`
`stored in the heating chamber (heats food in the cooking chamber 11, [0022]);
`
`a camera (an image sensor 27, [0020], Figs 2-3) that has an optical axis inclined
`
`with respect to a vertical direction and is disposed on an upper wall of the heating
`
`chamber to face inside of the heating chamber (details in Figs 2-3);
`
`a first illuminator (a lighting device 29, [0017], Figs 2-3) that radiates light toward
`
`the inside of the heating chamber from a position near the upper wall of the heating
`
`chamber (lighting device 29 illuminates the inside of the cooking chamber 11, [0024],
`
`Figs 2-3);
`
`Yoon et al. disclose the invention substantially as claimed and as discussed
`
`above; except does not disclose and a top panel that is disposed below the upper wall
`
`of the heating chamber, includes a semitransparent member that diffuses the light from
`
`the first illuminator to illuminate downward, and includes a top panel opening serving as
`
`an opening through which the camera images the inside of the heating chamber.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 5
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`Watanabefurther teaches a top panel (diffusion plate 58, Col 8 line 12, Fig 4)
`
`that is disposed below the upper wall of the heating chamber (58 is disposed below a
`
`wall of cover 59, Col 7 line 10, Fig 3B; Note: “the upper wall of the heating chamber”
`
`taught by Yoon etal. already), includes a semitransparent member (58, comprising a
`
`ring-shaped semi-transparent flat plate member, Col 8 line 12) that diffuses the light
`
`from thefirst illuminator to illuminate downward (diffuses the light emitted, Col 8 line 13.
`
`Note: “the light from thefirst illuminator to illuminate downward’ taught by Yoon etal.
`
`already), and includes atop panel opening (an aperture 58a, Col 8 line 14, Fig 5B)
`
`serving as an opening through which the camera imagesthe inside of the heating
`
`chamber (camera 65 images the inside of cover 59, Col7 line 11. Note: “the camera
`
`imagesthe inside of the heating chamber” taught by Yoon etal. already).
`
`Therefore, it would have been obvious before the effectivefilling date of the
`
`claimed invention to one of ordinary skill in the art to modify Yoon etal. with
`
`Watanabe’s further teaching of and a top panel that is disposed below the upper wall of
`
`the heating chamber, includes a semitransparent member that diffuses the light from the
`
`first illuminator to illuminate downward, and includes a top panel opening serving as an
`
`opening through which the camera imagesthe inside of the heating chamber; because
`
`Watanabe teaches, in Abstract, of providing an excellent illuminator for the convenience
`
`of illuminate a to-be-mounted component during operation.
`
`Regarding Claims 2-6, Yoonetal. in view of Watanabe teach the invention as
`
`claimed and as discussed above, and further teach:
`
`Claim 2, wherein, when seeing from a top view, the camera is disposed closer to
`
`the front face opening than a center of the upper wall is (see Figs 2-3, Yoon et al.), and
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 6
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`the optical axis is inclined toward a rear side of the heating chamber with respect
`
`to a vertical direction (Clearly, “the optical axis” capable of “inclined toward a rear side
`
`of the heating chamberwith respect to a vertical direction” as claimed, Figs 2-3, Yoon
`
`et al.).
`
`Claim 3, wherein thefirst illuminator includes a light emitting diode as a light
`
`source(light emitting diodes LEDs 54, Col 7 line 17, Watanabe. Note: “thefirst
`
`illuminator’ taught by Yoon etal. already).
`
`Claim 4, wherein thefirst illuminator includes a light emitting diode as a light
`
`source(light emitting diodes LEDs 54, Col 7 line 17, Watanabe. Note: “thefirst
`
`illuminator’ taught by Yoon etal. already).
`
`Claim 5, wherein, when seeing from a top view,thefirst illuminator is disposed
`
`farther from the front face opening than a center of the upper wall is (Clearly, “the first
`
`illuminator’ capable of “disposed farther from the front face opening than a center of the
`
`upper wall is” as claimed, Figs 2-3, Yoon etal.).
`
`Claim 6, wherein the camera andthefirst illuminator are disposed to face each
`
`other with a center of the upper wall interposed between the camera andthe first
`
`illuminator (image sensor 27 and lighting device 29 are disposed to face each other with
`
`a center of the upper wall interposed between 27 and 29, Figs 2-3, Yoon et al.).
`
`Regarding Independent Claim 9, Yoonetal. disclose a heating cooking device
`
`comprising:
`
`a heating chamber (a cooking chamber 11, [0017], Figs 1-3) having an opening
`
`on a front face of the heating chamber (see Fig 1);
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 7
`
`a heater (heat source 25, [0022], Figs 2-3) that heats an object to be heated
`
`stored in the heating chamber (heats food in the cooking chamber 11, [0022]);
`
`a camera (an image sensor 27, [0020], Figs 2-3) that has an optical axis inclined
`
`with respect to a vertical direction and is disposed on an upper wall of the heating
`
`chamber to face inside of the heating chamber (details in Figs 2-3);
`
`an illumination opening (lighting opening 15, [0018], Figs 2-3) that is opened in
`
`the upper wall of the heating chamber (details in Figs 2-3);
`
`a first illuminator (a lighting device 29, [0017], Figs 2-3) that is disposed more
`
`outside the heating chamber than the upper wall of the heating chamber (details in Figs
`
`2-3) and radiates light into the heating chamber through theillumination opening
`
`(lighting device 29 illuminates the inside of the cooking chamber 11... over the lighting
`
`opening 15, [0024], Figs 2-3);
`
`Yoon et al. disclose the invention substantially as claimed and as discussed
`
`above; except does not disclose and a top panel that is disposed more inside the
`
`heating chamber than the upper wall of the heating chamber, has a larger area as seen
`
`from above thanthe illumination opening,
`
`is formed not to overlap with the camera as
`
`seen from above, and is formed of a semitransparent material to allow light radiated
`
`from the first illuminator to pass through downward while diffusing the light.
`
`Watanabefurther teaches a top panel (diffusion plate 58, Col 8 line 12, Fig 4)
`
`that is disposed more inside the heating chamber than the upper wall of the heating
`
`chamber(58 is disposed inside of a cover 59, Col 7 line 10, Fig 3B; Note: “the heating
`
`chamber” and “the upper wall of the heating chamber” taught by Yoon etal. already),
`
`has a larger area as seen from above than theillumination opening (58 has a larger
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 8
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`area than opening 53a, Col 7 line 51, Figs 4-5B. Note: “the illumination opening’ taught
`
`by Yoon etal. already), is formed not to overlap with the camera as seen from above
`
`(Clearly, the top panel 58 of capable of “not to overlap with the camera as seen from
`
`above” as claimed. Note: “the camera’ taught by Yoon et al. already), and is formed of
`
`a semitransparent material (58, comprising a ring-shaped semi-transparent flat plate
`
`member, Col 8 line 12) to allow light to pass through downward while diffusing the light
`
`(diffusion plate 58... diffuses the light emitted, Col 8 line 14).
`
`Therefore, it would have been obvious before the effective filling date of the
`
`claimed invention to one of ordinary skill in the art to modify Yoon etal. with
`
`Watanabe’s further teaching of and a top panel that is disposed moreinside the heating
`
`chamber than the upper wall of the heating chamber, has a larger area as seen from
`
`above than the illumination opening,
`
`is formed not to overlap with the camera as seen
`
`from above, and is formed of a semitransparent material to allow light radiated from the
`
`first illuminator to pass through downward while diffusing the light; because Watanabe
`
`teaches, in Abstract, of providing an excellentilluminator for the convenience of
`
`illuminate a to-be-mounted component during operation.
`
`7.
`
`Claims 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Yoon et al. (US 2012/0076350 Al) in view of Watanabe (US 6,496,272 BI) applied to
`
`claims shown above, further in view of Do (US 2012/0170247 Al).
`
`Regarding Claims 7-8, Yoonetal. in view of Watanabe teach the invention as
`
`claimed and as discussed above; except does not teach Claims 7-8.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 9
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`Do further teaches a heating cooking device (microwave oven 12, [0025], Figs 1-
`
`3), and : Claim 7, further comprising a secondilluminator anda third illuminator (Diode
`
`(LED) light panels 10, [0025], Figs 1-3) that are disposed below the top panel (see Fig
`
`1), the secondilluminator and the third illuminator each illuminating the inside of the
`
`heating chamber (Diode (LED) light panels 10 each illuminating the inside 18 and 20 of
`
`the heating chamber, [0025], Fig 1).
`
`Claim 8, wherein the second illuminator is disposed ata position onaleft side
`
`wall of the heating chamber (Diode (LED) light panel 10 is disposed at a position on a
`
`left side wall 18 of the heating chamber, [0025], Fig 1), the position of the second
`
`illuminator being closer to the front face opening than a centerof the left side wall when
`
`viewed from a top view (see details in Fig 1), and
`
`the third illuminator is disposed at a position on a right side wall of the heating
`
`chamber (Diode (LED) light panel 10 is disposed at a position on a right side wall 20 of
`
`the heating chamber, [0025], Fig 1), the position of the third illuminator being closer to
`
`the front face opening than a center of the right side wall when viewed from the top
`
`view, the right side wall facing the left side wall (see details in Fig 1).
`
`Therefore, it would have been obvious before the effectivefilling date of the
`
`claimed invention to one of ordinary skill in the art to modify Yoon etal. in view of
`
`Watanabewith Do’s further teaching of Claims 7-8; because Do teaches, in Para.
`
`[0007], of providing an excellent high-intensity light-emitting diode (LED) light within the
`
`cooking cavity, so that the contents of the ovenarefully illuminated with an intensity
`
`sufficient to provide a good contrast ratio for viewing the contents through the access
`
`window.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 10
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`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Applicant is advised to refer to the Notice of References Cited for
`
`pertinent prior art.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KUANGYUE CHEN whosetelephone numberis
`
`(571)272-8224. The examiner can normally be reached on M-F 9:00-5:00 EST.
`
`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:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, supervisor Tu B
`
`Hoang can be reached on 571/272-4780, supervisor Dana Ross can be reached on
`
`571/272-4480, supervisor Kosanovic Helena can be reached on 571/272-9059, or
`
`supervisor Nathaniel Wiehe 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.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`If you would like assistance from a
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 11
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`USPTO Customer Service Representative or access to the automated information
`
`system, call 800/786-9199 (IN USA OR CANADA)or 571/272-1000.
`
`/KUANGYUE CHEN/
`
`Examiner, Art Unit 3761
`
`/DANA ROSS/
`Supervisory Patent Examiner, Art Unit 3761
`
`