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 .
The amendment filed 7/30/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunziker (of record) and Doyle (of record) in view of US PG Pub No. 2006/0081627 (Shei et al. hereinafter), US PG Pub No. 2012/0219684 (Fritz-Jung et al. hereinafter), and US Patent No. 4,477,509 (Mott hereinafter).
In re claim 1, with reference to Figs 1 and 2, Hunziker discloses: An improved disposable steam table pan for use with a chaffing rack which includes burners (18/20), and for use with a pair of disposable aluminum half pans, the improvement comprises: a disposable steam table pan (16), having: a continuous steam table sidewall extending upwardly from a steam table bottom base and terminating into an outstanding steam table rim, the steam table rim further terminates into a steam table rolled bead (at 30, see Fig. 2), and configured to receive the pair of disposable aluminum half-pans (22) adjacently side by side (see Fig. 1); a steam table inside volume defined longitudinally across opposing steam table sidewalls along a steam table inside surface of the upwardly extending continuous steam table sidewall of said opposing steam table sidewalls and wherein the opposing steam table sidewalls being further configured to extend at an angle from the steam table bottom base (see Figs. 1 and 2) whereby the steam table inside volume is configured to receive the pair of disposable aluminum half-pans nested adjacently in the steam table inside volume such that the half-pan rolled beads of inner facing adjacent sides of the pair of disposable aluminum half-pans lay side by side (see fig. 1), and a steam table outside length configured longitudinally across opposing steam table sidewalls from a steam table outside edge of the outstanding steam table rim of said opposing sidewalls, such that the half-pan rolled beads of outer facing sides lay entirely within the steam table rolled bead at the same time as the rolled beads of inner facing adjacent sides of the pair of disposable aluminum half-pans lay side by side (see fig. 2) and a pair of disposable aluminum half-pans (22) which include a continuous half-pan sidewall extending from a half-pan bottom and terminating to a half-pan top portion with a half-pan rim that forms into a half-pan rolled bead, and the half-pan rolled bead further extends along outer facing sides and extends along inner facing adjacent sides of the half-pan when the pair of disposable aluminum half-pans are adjacently positioned within the improved disposable aluminum steam table pan, the pair of disposable aluminum half-pans being received and nested entirely within the steam table rolled bead of the outstanding steam table rim of the improved disposable aluminum steam table pan (see Fig. 2, “within” interpreted in same manner as Applicant’s Fig. 2C).
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Hunziker fails to disclose the material of the pan.
However, Doyle discloses a disposable pan made of aluminum (column 2, lines 55-64).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have utilized a known pan material such as aluminum for the pan of Hunziker as taught by Doyle, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Please note that in the instant application, paragraph 19, applicant has not disclosed any criticality for the claimed limitations.
Hunziker in view of Doyle fails to disclose each one of the pair of disposable aluminum half-pan is defined as being one-half of a length of the improved disposable aluminum steam table pan and the pans do not overlap.
However, with reference to Figs. 4 and 7, Shei et al. discloses a steam table arrangement including a pair of pans (5) which are simply dimensioned to not overlap (See Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have assigned dimensions to the pans of Hunziker in view of Doyle such that the pans do not overlap for the predictable purposes of ensuring that a user can remove either pan individually without disturbing adjacent pans to allow for quick removal and replacement of the pans should it be desired.
Hunziker in view of Doyle and Shei et al. fail to disclose a disposable aluminum steam pan lid, having a single continuous lid top with a defined peripheral top edge and a bendable skirt depending from and extending entirely around the peripheral top edge, and the improved disposable aluminum steam table pan is thereby finally configured to receive the disposable aluminum steam pan lid in a manner that the single continuous lid top, when positioned onto the improved disposable aluminum steam table pan, secures the bendable skirt entirely under the steam table rolled bead of the improved disposable aluminum steam table pan while completely securing entirely around the nested pair of disposable aluminum half-pans fully positioned inside by bending the bendable skirt of the disposable aluminum steam pan lid around and under the steam table rolled bead of the improved disposable aluminum steam table pan.
However, with reference to Fig. 3, Fritz-Jung et al. disclose a metallic foil lid (24) with a bendable skirt which can be wrapped around the outer preiphery of a rim (18) of a pan (16) (paragraph 0027).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have combined the lid of Fritz-Jung et al. with the pan arrangement of Hunziker in view of Doyle and Shei et al. for the predictable purposes of protecting the pan contents from damage and to retain heat in the pan during storage and/or transportation of the pan (Fritz-Jung et al. paragraph 0027).
Hunziker in view of Doyle, Shei et al. and Fritz-Jung et al. fail to disclose wherein the disposable aluminum steam pan lid having a lid bead formed substantially around a terminal edge of the bendable skirt and the lid bead bends under and rests substantially adjacent to an under portion of the steam table rim and configured to wrap around the steam table rolled bead.
However, with reference to Figs. 2 and 3 below, Mott discloses a disposable aluminum steam pan (column 5, lines 3-14) lid having a lid bead formed substantially around a terminal edge of a bendable skirt and the lid bead bends under and rests substantially adjacent to an under portion of the steam table rim and configured to wrap around the rolled bead (See Fig. 3 below).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Hunziker in view of Doyle, Shei et al. and Fritz-Jung et al. such that the lid has a bead around a terminal edge of a bendable skirt and the lid bead bends under and rests substantially adjacent to an under portion of the rim and configured to wrap around the rolled bead as taught by Mott for the in order “to effect, on contact, a seal of the lid to the pan”, thereby ensuring “the ability provided by the character and nature of the lid of the invention to peel the lid back for a view of the receptacle contents, to the extent required, and then reseal the lid about and to the pan” (column 7-8, 66-6).
Response to Arguments
Applicant’s arguments filed 7/30/2025 with respect to the pending claim(s) have been considered but are not persuasive, as the assertion that the new claim amendments render the claim allowable are countered by the new grounds of rejection provided above necessitated by the amendments.
No further arguments are presented.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733