Ex Parte Paderno et al

Patent Trial and Appeal Board

May 1, 2018

12946070 (P.T.A.B. May. 1, 2018)

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