Ex Parte Paderno et alDownload PDFPatent Trial and Appeal BoardMay 1, 201812946070 (P.T.A.B. May. 1, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/946,070 11/15/2010 27238 7590 05/03/2018 WHIRLPOOL CORPORATION - MD 3601 2000 North M63 Benton Harbor, MI 49022 FIRST NAMED INVENTOR JURIJ PAD ERNO UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. SUB-IT20090053-US-NP 9182 EXAMINER DUNNER, DIALLO IGWE ART UNIT PAPER NUMBER 3742 NOTIFICATION DATE DELIVERY MODE 05/03/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time 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): MAIL@DWPATENTLAW.COM deborah_tomaszewski@whirlpool.com mike_lafrenz@whirlpool.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JURIJ PAD ERNO, FRANCESCO DEL BELLO, DAVIDE PARACHINI, GIANPIERO SANTACATTERINA, DIEGO NEFTALI GUTIERREZ, and BRIAN P. JANKE 1 Appeal2017-007201 Application 12/946,070 Technology Center 3700 Before JAMES P. CALVE, LEE L. STEPINA, and ANTHONY KNIGHT, Administrative Patent Judges. CAL VE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134(a) from the Final Action rejecting claims 1-19. Appeal Br. 1. We have jurisdiction under 35 U.S.C. § 6(b ). We REVERSE. 1 Whirlpool Corporation and Teka Industrial S.A. are identified as the real parties in interest. Appeal Br. 4. Appeal2017-007201 Application 12/946,070 CLAIMED SUBJECT MATTER Appellants discloses "a method for estimating the temperature of a cooking utensil placed on the cooktop and the temperature of the food contained therein, as well as the food mass." Spec. ,r 2. Their Electrical- Thermal Model relates electrical parameters of an induction heating system to thermodynamics of the system so thermal variables can be estimated from the electrical parameters. Id. ,r,r 9, 41--44. Claims 1, 8, and 15 are independent. Claim 1 is reproduced below. 1. A method for controlling an induction heating system throughout a cooking process for a cooking utensil and contents of the cooking utensil, the method comprising: performing, with the induction heating system, a predetermined number n of electrical measurements of a first electrical parameter of the induction heating system, n being 2: 2, to obtain a first set of measurements, each measurement being carried out at a predetermined electrical value of a second electrical parameter, repeating the above set of measurements after a predetermined time interval to obtain a second set of measurements, and estimating, with the induction heating system, at least one thermal parameter of the induction heating system and the contents of the cooking utensil using the first and second sets of measurements. Appeal Br. 21 (Claims App'x). REJECTIONS Claims 8-14 are rejected under 35 U.S.C. § I02(b) as anticipated by Pinilla (US 2008/0121633 Al, pub. May 29, 2008). Claims 1-7 and 15-19 are rejected under 35 U.S.C. § I03(a) as unpatentable over Pinilla and Berkcan (US 6,140,617, iss. Oct. 31, 2000). 2 Appeal2017-007201 Application 12/946,070 ANALYSIS Claims 8-14 As Anticipated by Pinilla The Examiner finds that Pinilla discloses a method of controlling an induction heating system as recited in independent claim 8, by calculating "a set of electrical parameters P 1" ( electrical power) during the initial phase from time tO-tl and estimating thermal variables of the heating system using a set of electrical parameters P 1 throughout the cooking process without the need to recalculate the set of electrical parameters. Final Act. 2--4. We agree with the Examiner that electrical power is an "electrical parameter" as claimed. Appellants do not dispute this finding. Appeal Br. 8. The Specification discloses power, current, power factor (Spec. ,r 18), switching frequency, power, current, combinations thereof, as electrical parameters (id. ,r,r 37, 39). However, we agree with Appellants that claim 8 requires calculating "a set of electrical parameters during the initial phase." Appeal Br. 8. Pinilla discloses that electric power Pl selected by control unit 8, supplied to inductor 6, and controlled by power regulator 10 to heat heating element 3 to temperature T 1. Pinilla ,r 31. The Examiner has not explained how a single power level P 1 corresponds to a set of electrical parameters, as claimed, i.e., two or more electrical parameters. Nor has the Examiner explained how electric power Pl is "calculated" ... during the initial phase" as claimed. In this regard, Pinilla discloses that power P 1 is "selected by means of the control unit 8" and "is supplied to the inductor 6, which is controlled by the power regulator 10 and the heating element 3 is heated to a temperature Tl." Pinilla ,r 31. The Examiner finds that Pinilla selects electric power P 1. Final Act. 3 ("the electric parameter P is selected by the control unit 8 and power regulator 1 O"). 3 Appeal2017-007201 Application 12/946,070 Thus, we do not sustain the rejection of claim 8 or its dependent claims 9, 10, and 13. Because claims 11, 12, and 14 depend from claim 1, we also do not sustain the rejection of those claims as anticipated by Pinilla absent any findings by the Examiner that Pinilla also anticipates claim 1. See Final Act. 6-8 (findings for claims 11, 12, and 14), 9--12 (findings that Pinilla does not disclose all limitations of claim 1 ); Appeal Br. 10. Claims 1-7 and 15-19 Rejected Over Pinilla and Berkcan The Examiner finds that Pinilla teaches a method and apparatus for controlling an induction heating system as recited in independent claims 1 and 15, except for obtaining a second set of measurements and calculating a thermal parameter or at least one parameter using the first and second set of measurements. Final Act. 9-10, 15-16. The Examiner finds that Berkcan teaches to take first and second measurements of an optical signal and feed those signals to a utensil property recognition algorithm 111, which sends output to an energy source control 152. Id. at 10-12, 16-18. The Examiner determines that it would have been obvious to modify the repeat power measurement operations of Pinilla in view of the second power measurement operations of Berkcan, because Berkcan provide[ s] a system for detecting cooking utensil characteristics or utensil-related, through-the- cooktop-surface properties, such detection being independent of a cooking utensils composition, flatness or bottom, or weight. Id. at 12, 18. The Examiner reasons "a person of ordinary skill can modify the control process by multiple measurements of Pinilla in view of the repeating of a set of measurements by Berkcan to provide the detection of a cooking utensil characteristics regardless of weight, flatness, and material." Ans. 23. 4 Appeal2017-007201 Application 12/946,070 Appellants argue persuasively that it is not clear why additional measurements should be made in Pinilla based on Berkcan's teaching of a system for detecting cooking utensil characteristics or utensil-related, through-the-cooktop-surface properties, such detection being independent of a cooking utensils composition, flatness of bottom, or weight when Pinilla already works satisfactorily without a need for a second measurement. Appeal Br. 12, 16-17. Appellants also argue that the Examiner's rationale is simply a description of the operation of Berkcan's system. Id. The Examiner has not provided sufficient scientific evidence or technical reasoning to explain why a skilled artisan would modify Pinilla to include a second measurement of Berkcan. Pinilla teaches a control system for maintaining temperature Tl of heating element 3 at a constant value by changing the power supplied to heating element 3 based on deviations of a comparative value F v from a reference value FR· Pinilla ,r,r 30-32. Berkcan controls an electric cooktop based on detected cooking utensil characteristics to generate an energy control signal based on the detected presence/absence, removal/placement, or size of a cooking utensil on the cooktop. Berkcan, 1 :5--48. Berkcan processes and feeds optical signals to a utensil recognition algorithm 111 to determine utensil size, type, and state properties and then control an energy source based on those properties. Berkcan, 3:7-59, 5:34-- 6:15, Figs. 1, 6. It is not clear why a skilled artisan would have wanted to use Berkcan's system of processing optical signals to identify a utensil on a cooktop in Pinilla, which controls power provided to heating element 3 to maintain temperature Tl of heating element 3 constant, e.g., in response to cold liquid being supplied to cooking vessel 3. Pinilla ,r 32, Fig. 5a. Thus, we do not sustain the rejection of claims 1-7 and 15-19. 5 Appeal2017-007201 Application 12/946,070 DECISION We reverse the rejections of claims 1-19. REVERSED 6 Copy with citationCopy as parenthetical citation