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 .
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.
Claim(s) 4, 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Longchamp (FR977181) in view of Gattineri (U.S. Patent No. 9474411), Monteith (U.S. Pub. No. 20110154996) and Campbell et al. (U.S. Patent No. 9107421).
Regarding Claim 4, Longchamp discloses baking assembly including: a circumferential tapered outer wall a (figure 5) that has a width defined by an upper planar edge thereof (Figure 5), the outer wall including a lip b1 (figure 5) attached to a lower end of the outer wall and extending radially inward therefrom (Figure 4 and 5), the outer wall comprising a first continuous baking surface (Figure 4 and 5); a circumferential removable bottom plate c (Figure 4 and 5) positioned within the outer wall for support of a food item (Figure 1), the bottom plate positioned over an upper surface of the lip (figure 5), such that the bottom plate is removable by an upward movement of the bottom plate relative to the outer wall (Figure 4); wherein an upper surface of the bottom plate forms a continuous planar surface thereof (Figure 4), and the upper surface of the bottom plate provides a second continuous baking surface (Figure 4); wherein the outer wall is moveable downward, away from the bottom plate when the elevated stand supports the bottom plate (figure 4), to permit side access of any food item held by the bottom plate (figure 4), and wherein the first continuous baking surface and the second continuous baking surface form the sole baking surfaces of the baking assembly (figure 4 and 5), and the first continuous baking surface and the second continuous baking surface are formed to hold one or more food items that are not separated from each other within the baking assembly by an additional baking surface (Figure 5). Longchamp does not disclose being formed of cast iron, an elevated stand including an upper planar surface formed to be positioned beneath the bottom plate of the cast iron baking assembly, the upper planar surface sized proportionally to fit through an opening defined by the lip of the outer wall, such that the upper planar surface of the elevated stand contacts the bottom plate and supports the bottom plate and a food item held thereon apart from the outer wall, wherein the elevated stand includes a plurality of spaced-apart and non- interconnected legs that extend below the upper planar surface of the elevated stand and are connected to a lower surface thereof, and each leg of the plurality of legs extends beyond an outer edge of the upper planar surface of the elevated stand. However, Gattineri teaches being formed of cast iron (Column 3, lines 64-67), Campbell et al. teaches an elevated stand 200 (Figure 7) including an upper planar surface formed to be positioned beneath the bottom plate of the cast iron baking assembly 204 (figure 7), the upper planar surface sized proportionally to fit through an opening defined by the lip of the outer wall (figure 7), such that the upper planar surface of the elevated stand contacts the bottom plate and supports the bottom plate and a food item held thereon apart from the outer wall (Figure 7), and Monteith teaches a plurality of spaced-apart and non-interconnected legs 28 (Figure 1) that extend below the upper planar surface of the elevated stand (Figure 1) and are connected to a lower surface thereof (Figure 1), and each leg of the plurality of legs extends beyond an outer edge of the upper planar surface of the elevated stand (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Longchamp to include cast iron, a stand and legs, as taught by Gattineri, Campbell et al. and Monteith, in order to provide a durable removal system for the food in a pan while providing support.
Regarding Claim 8, Longchamp does not teach the outer wall is tapered outward in a range of between 120 degrees to 150 degrees relative to a planar position of the lip. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. MPEP2144.05(III)(C).
Regarding Claim 12, Longchamp discloses a method of baking a food item in a baking assembly, the method comprising: providing a baking assembly including: a circumferential tapered outer wall a (Figure 5) that has a width defined by an upper planar edge of thereof (figure 5), the outer wall including a lip b1 (figure 4 and 5) attached to a lower end of the outer wall and extending radially inward therefrom (figure 4 and 5), the outer wall comprising a first continuous baking surface (Figure 4), a circumferential removable bottom plate c (Figure 5) positioned within the outer wall for support of a food item (Figure 5), the bottom plate positioned over an upper surface of the lip (figure 5), such that the bottom plate is removable by an upward movement of the bottom plate relative to the outer wall (figure 5), wherein an upper surface of the bottom plate forms a continuous planar surface thereof (Figure 5), and the upper surface of the bottom plate provides a second continuous baking surface (Figure 4 and 5) and wherein the first continuous baking surface and the second continuous baking surface form the sole baking surfaces of the baking assembly (Figure 4 and 5), and the first continuous baking surface and the second continuous baking surface are formed to hold one or more food items that are not separated from each other within the baking assembly by an additional baking surface (Figure 5), positioning an uncooked food item in the baking assembly (Figure 5); baking the uncooked food item in the baking assembly to create a cooked food item (figure 5, pie). Longchamp does not disclose being formed of cast iron, an elevated stand including an upper planar surface formed to be positioned beneath the bottom plate of the cast iron baking assembly, the upper planar surface sized proportionally to fit through an opening defined by the lip of the outer wall, such that the upper planar surface of the elevated stand contacts the bottom plate and supports the bottom plate and any food item held thereon apart from the outer wall, wherein the elevated stand includes a plurality of spaced-apart and non-interconnected legs that extend below the upper planar surface of the elevated stand and are connected to a lower surface thereof, and each leg of the plurality of legs extends beyond an outer edge of the upper planar surface of the elevated stand; positioning the bottom plate of the cast iron baking assembly on the upper planar surface of the elevated stand to support the bottom plate and the cooked food item held thereon; and moving the outer wall of the cast iron baking assembly downward such that only the bottom plate and the cooked food item thereon is supported by the upper planar surface of the elevated stand, thereby permitting side access to the cooked food item held on the bottom plate. However, Gattineri teaches cast iron (Column 3, lines 64-67), Campbell et al. teaches an elevated stand 200 (Figure 7) including an upper planar surface 204 (figure 7) formed to be positioned beneath the bottom plate of the baking assembly, the upper planar surface sized proportionally to fit through an opening defined by the lip of the outer wall (figure 7; column 6, lines 14-22), such that the upper planar surface of the elevated stand contacts the bottom plate and supports the bottom plate and any food item held thereon apart from the outer wall (column 6, lines 14-22); positioning the bottom plate of the baking assembly on the upper planar surface of the elevated stand to support the bottom plate and the cooked food item held thereon (column 6, lines 14-22); and moving the outer wall of the baking assembly downward such that only the bottom plate and the cooked food item thereon is supported by the upper planar surface of the elevated stand, thereby permitting side access to the cooked food item held on the bottom plate (column 6, lines 14-22) and Monteith teaches includes a plurality of spaced-apart and non-interconnected legs 28 (Figure 1) that extend below the upper planar surface of the elevated stand and are connected to a lower surface thereof (Figure 1), and each leg of the plurality of legs extends beyond an outer edge of the upper planar surface of the elevated stand (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Longchamp to include cast iron, a stand and legs, as taught by Gattineri, Campbell et al. and Monteith, in order to provide a durable removal system for the food in a pan while providing support.
Claim(s) 5-7 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Longchamp (FR977181) in view of Gattineri (U.S. Patent No. 9474411), Monteith (U.S. Pub. No. 20110154996), Campbell et al. (U.S. Patent No. 9107421) and Montesi (D237449).
Regarding Claim 5, Longchamp, Monteith, Campbell et al. teach all the limitations substantially as claimed except for a cast iron serving implement to support at least a portion of any food item to be removed from the bottom plate of the cast iron baking assembly. However, Gattineri teaches cast iron (Column 3, lines 64-67) and Montesi teaches a serving implement (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Longchamp, Monteith, and Campbell et al. to include a cast iron serving implement, as taught by Gattineri and Montesi, in order to easily remove contents from the pan.
Regarding Claims 6 and 14, Montesi teaches the serving implement further comprises: a flat, extra-large elongated rectangular element with opposing ends (Figure 1); a handle (Figure 1) that extends from one of the opposing ends of the elongated element in a first direction and at a substantially right angle relative to the elongate element (Figure 2); and a head (Figure 1) that extends away from the other of the opposing ends in a second direction opposite the first direction and at a substantially right angle relative to the elongate element and terminating with an outer end (Figure 1 and 2); wherein the head includes an elongated rectangular plate or face with a slight round point for receiving or holding a larger piece of food item that is flat substantially from the opposing ends of the elongate element to the outer end (Figure 1).
Regarding Claims 7 and 15, Longchamp, Monteith, Campbell et al., Gattineri and Montesi teach all the limitations substantially as claimed except for the elongated rectangular element has a length in a range of six to seven inches. However, it would have been an obvious matter of design choice to have a length of six to seven inches since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)A)
Regarding Claim 13, Longchamp, Monteith, Campbell et al. teach all the limitations substantially as claimed except for a cast iron serving implement to support at least a portion of the cooked food item for removal from the bottom plate of the cast iron baking assembly. However, Montesi discloses a serving implement to support at least a portion of the cooked food item (Figure 1) and Gattineri teaches cast iron (Column 3, lines 64-67). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Longchamp, Monteith, and Campbell et al. to include a cast iron serving implement, as taught by Gattineri and Montesi, in order to easily remove contents from the pan.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant's arguments filed 1/9/25 have been fully considered but they are not persuasive. Applicant argues that it wouldn’t have been obvious to combine the references. However, Gattineri teaches a baking pan made of cast iron which is a well-known durable material used for baking pans and Monteith teaches a plurality of legs which is a variant of a singular post leg of Campbell et al. for added support/stability wherein the stand of Campbell et al. assists in removing the bottom plate from the outer wall. While cast iron may have “fallen out of favor as a conventional baking pan material” it is still a well-known material used for baking and tapered sides of a pan is well known in cast iron frying pans (see Laufer (U.S. Patent No. 0173305; figure 1, paragraph 4 and Longchamp listing iron as an option of material, paragraph 3)) so the combination of Longchamp with the cast iron of Gatterini would be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733