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 4/3/2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(b) because they are incomplete. 37 CFR 1.83(b) reads as follows:
When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Paragraph 25 of the Specification references “Figure 2E”, however no Figure 2E has been provided. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: “b45urners” in the second line. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites the new limitations “(iii) interference between any rolled bead of the pair of disposable aluminum half-pans and a lid secured to the steam table rolled bead is prevented” and “the disposable aluminum steam pan lid is securable continuously around the steam table rolled bead without interference from the half-pan rolled beads”. However, the disclosure as originally filed lacks support for these limitations, the drawings do not show a view sufficient to support prevention of interference between the half-pans and a lid, and the Specification does not support the new limitations [while the Specification recites “by keeping the same outside dimensional length Lo the existing lids will fit properly and the lid 175 can properly secure the two half pans inside (Figure 2E, region 360)” at paragraph 25, this passage can be interpreted to instead support that the lid can “properly secure the two half-pans inside” and thereby imply some contact/engagement/interference for the lid to somehow secure the pans, noting further than any Figure support for this passage in not found since there is no Figure 2E presented]. The new limitations are therefore considered as new matter and cannot be considered on the merits.
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 US Patent No. 5,467,697 (Hunziker, of record) and US Patent No. 3,741,427 (Doyle, of record) in view of US PG Pub No. 2006/0081627 (Shei et al. of record), US PG Pub No. 2012/0219684 (Fritz-Jung et al. of record), and US Patent No. 4,477,509 (Mott of record).
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), the half-pan rolled beads of the outer facing sides are fully contained within the steam table rolled bead (see Fig. 2, “within” interpreted in same manner as Applicant’s Fig. 2C), 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, and wherein the steam table inside volume and the steam table outside length are cooperatively dimensioned such that (i) the half-pan rolled beads of the inner facing adjacent sides are positioned immediately adjacent without 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, wherein the improved disposable aluminum steam table pan is configured such that, when the pair of disposable aluminum half-pans are nested therein, the disposable aluminum steam pan lid is securable continuously around the steam table rolled bead.
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 periphery of a rim (18) of a pan (16) (paragraph 0027) wherein the pan is configured such that the disposable lid is securable continuously around the rim.
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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, wherein the lid bead forms a continuous seal around the pan rim when secured.
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, wherein the lid bead forms a continuous seal around the steam table rolled bead when secured (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 4/3/2026 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.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues on page 6 of the Remarks that the prior art fails to teach or suggest a multi-variable geometric coordination requiring multiple conditions. However, these conditions are taught by “adjacency of inner rolled breads without overlap” (see Figs. 4 and 7 of Shei et al., as referenced above), “containment of outer rolled beads within the steam table rolled bead” (See Hunziker Fig. 2 above), and “absence of interference with lid engagement and sealing” (see USC 112 issues noted above).
Conclusion
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
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