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 .
Response to Amendment
In view of the amendment, filed on January 2nd, 2026, the following are withdrawn from the previous office action, mailed on October 1st, 2025.
Objection of claim 16 for minor informalities
Rejections of claims 7-12 under 35 U.S.C. 112(a)
Rejections of claims 7-12, 18 and 19 under 35 U.S.C. 112(b)
Rejections of claims 7-9, 12 and 19 under 35 U.S.C. 102(a)(1)/(a)(2) are withdrawn in light of the amendments
Rejections of claims 6, 13 and 16 under 35 U.S.C. 103 are withdrawn in light of the amendments
Response to Arguments
Applicant's arguments in view of the amendments filed January 2nd, 2026, concerning the rejections of claims 19 and 20 under 35 U.S.C. 112(a) have been fully considered but they are not persuasive.
Applicant argues that Figures 1B and 2A support the recited limitation of “the bottom wall, the top wall, the front wall, and the rear wall are collectively unitarily formed as a monolithic structure”. Examiner respectfully disagrees. The specification fails to provide express, implicit or inherent support for this limitation. See MPEP 2163 (1B). The drawings do not define the walls as “collectively unitarily formed as a monolithic structure” and specification paragraph [0017] only provides support for the walls being connected at their edges. One of ordinary skill in the art would recognize that for the walls to be connected together, they must be distinct elements that are being brought into contact. For the purposes of examination, this limitation with be read as the bottom wall, the top wall, the front wall and the rear wall are connected.
Applicant argues one skilled in the art would not have been motivated to modify McGuinness ‘603 to provide surfaces that are continuous and uninterrupted thereacross because such a modification would have fundamentally changed the principle of operation of McGuinness ‘603. Examiner respectfully disagrees. McGuinness ‘603 discloses the plurality of vent holes can be of various sizes, shapes, arrangements and locations to maximize cooking benefits ([0028]). From this disclosure, one of ordinary skill in the art can readily conceive of a configuration for the locations of the vent holes wherein there are no vent holes in the first planar front surface, the second planar front surface, the first planar rear surface and the second planar rear surface. In the analogous art, Kenny teaches such a configuration where a taco cooking insert comprises (Fig. 23; [0080]; connected dorsal aspect 11 for holding soft tortilla during microwave heating) a plurality of vent holes (Fig. 23; [0080]; a plurality of apertures 13), a planar front surface (Fig. 23; [0080]; first wall 15) and a planar rear surface (Fig. 23; [0080]; second wall 16), wherein the planar front surface and planar rear surface are continuous and uninterrupted (Fig. 23; 15 and 16 are free from any apertures or shape changes thereacross). As the venting holes are still present, selecting such a configuration would not change the operation of McGuinness ‘603.
Applicant argues the prior art of record fails to teach the amended claim 1 as the bottom wall of McGuinness ‘603 formed a “V-shaped groove”. Examiner respectfully disagrees. While the configuration shown in Figure 6 results in a W-shaped bottom for the tortilla shell, an example of which can be seen in Figure 4 of Beehler (US 5993871 A), McGuinness ‘603 further discloses the geometric shape can be selected from the group consisting of U-shape, V-shape, oval, round, triangle, square, round and corrugated versions of the aforementioned shapes ([0010]). An example of a square shape for the bottom of the tortilla shell can be seen in Figure 3A of Kovich et al. (US 20080193613 A1). Selecting the square shape results in the top wall having a planar top surface that extends from the front wall to the rear wall.
Applicant argues the shape of the outer profile of McGuinness ‘603 is fundamental to the operation of McGuinness ‘603 and therefore one skilled in the art would not have modified McGuinness ‘603 to arrive at the claimed combination. Examiner respectfully disagrees. McGuinness ‘603 discloses the tortilla cooking device has a variable geometry and different geometric shapes can be selected to provide tortilla shells of different shapes ([0010]). A selected configuration can include corrugated versions of the selected shape ([0010]). As such, one of ordinary skill in the art would recognize the shape of the tortilla cooking device of McGuinness ‘603 is readily modifiable.
Applicant argues the structure cited in the office action as allegedly equivalent to the “top wall” is a ribbed, arcuate surface. Examiner respectfully disagrees. 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 MPEP 2145 (IV). The rejection of claim 1 is based on a combination of McGuinness ‘603 and McGuinness ‘268, wherein McGuinness ‘603 is the primary reference modified by the teachings of McGuinness ‘268. McGuinness ‘268 is used to teach a first recess is provided at the elongated front edge of the top wall and a second recess is provided at the elongated rear edge of the top wall (Marked Fig. 1 on Pg. 18 of the office action).
Applicant argues McGuinness ‘268 fails to anticipate amended claim 1. Examiner respectfully disagrees. The rejection of claim 1 under 35 U.S.C. 103 is based on a combination of McGuinness ‘603 and McGuinness ‘268. The rejection is not under 35 U.S.C. 102, McGuinness ‘268 was not relied on to anticipate amended claim 1.
Applicant argues modification of McGuinness ‘268 to arrive at the claimed combination would have fundamentally changed the principle of operation of McGuinness ‘268 and rendered the device unsuited for its intended purpose. Examiner respectfully disagrees. 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 MPEP 2145 (IV). The rejection of claim 1 is based on a combination of McGuinness ‘603 and McGuinness ‘268, wherein McGuinness ‘603 is the primary reference modified by the teachings of McGuinness ‘268. Modifying McGuinness ‘603 with the teachings of McGuinness ‘268 does not fundamentally changed the principle of operation of McGuinness ’603 as McGuinness ’603 discloses a selected shape configuration can include corrugated versions of the selected shape ([0010]).
Applicant’s amendments to the claimed necessitate the new grounds of rejection provided below.
New Grounds of Rejection
Claim Interpretation
Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 (II) and 2115 for further details.
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.
Claims 19, 20 and 22 are 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.
Claims 19 and 20 recite the limitation “the bottom wall, the top wall, the front wall and the rear wall are collectively unitarily formed as a monolithic structure” in lines 1-2. The specification fails to provide express, implicit or inherent support for this limitation. See MPEP 2163 (1B). The drawings do not define the walls as “collectively unitarily formed” and specification paragraph [0017] only provides support for the walls being connected at their edges. One of ordinary skill in the art would recognize that for the walls to be connected together, they must be distinct elements that are being brought into contact. For the purposes of examination, this limitation with be read as the bottom wall, the top wall, the front wall and the rear wall are connected.
Claim 22 recites the limitation “each of the front wall and the rear wall is continuous and uninterrupted thereacross” in lines 1-2. The specification fails to provide express, implicit or inherent support for this limitation. See MPEP 2163 (1B). The specification does not provide support the front and rear walls being “continuous and uninterrupted thereacross” and the drawings do not support said limitation. Figure 3B shows a front or rear wall 36 being interrupted by recess 38. Figures 1B and 2A only provide a side view of front and rear walls 16a and 16b and as such could be formed of two or more parts.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites the limitation “each of the front wall and the rear wall is continuous and uninterrupted thereacross” in lines 1-2. It is unclear how the front wall and the rear wall can be uninterrupted thereacross when claim 1 recites “a first recess is provided at the elongated front edge of the top wall and a second recess is provided at the elongated rear edge of the top wall” in lines 13-14. The front and rear walls extend to the elongated front edge of the top wall and the elongated rear edge of the top wall respectively and so the front and rear walls would comprise the first and second recesses respectively. Clarification is required. For the purposes of examination, claim 22 will not be considered in the prior art rejections as the limitations introduced by claim 22 contradict the claim upon which they depend.
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.
Claims 7-9, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over McGuinness et al. (US 20120138603 A1; hereafter McGuinness ‘603), in view of Kinney (US 20150034633 A1).
For the rejections below please refer to marked versions of Figures 1 and 6 of McGuinness ‘603 below.
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Regarding claim 7, McGuinness ‘603 discloses a cooking insert ([0008]; variable geometry tortilla cooking device) for use with a taco shell ([0008]; for forming pre-formed taco shells), comprising:
a bottom wall (Marked Fig. 1; bottom wall) having an elongated front edge (Marked Fig. 1; elongated front edge of bottom wall) and an elongated rear edge (Marked Fig. 1; elongated rear edge of bottom wall);
a front wall (Marked Fig. 1; front wall) extending upwardly from the elongated front edge of the bottom wall to an elongated top edge of the front wall (Marked Fig. 1; front wall extends from elongated front edge of bottom wall to elongated front edge of top wall), wherein the front wall defines a first recess (Marked Fig. 1; recess in front wall) that is configured to receive a first finger of a user to facilitate grasping the cooking insert (Marked Fig. 1; recess in front wall would be capable of receiving a finger of a user);
and a rear wall (Marked Fig. 1; rear wall) extending upwardly from the elongated rear edge of the bottom wall to an elongated top edge of the rear wall (Marked Fig. 1; rear wall extends from elongated rear edge of bottom wall to elongated rear edge of top wall), wherein the rear wall defines a second recess (Marked Fig. 1; recess in rear wall) that is configured to receive a second finger of the user to facilitate grasping the cooking insert (Marked Fig. 1; recess in rear wall would be capable of receiving a finger of a user),
wherein the cooking insert has a first longitudinal end (Marked Fig. 1; first longitudinal end) and a second longitudinal end (Marked Fig. 1; second longitudinal end), wherein the front wall, bottom wall, and rear wall extend from the first longitudinal end to the second longitudinal end (Marked Fig. 1; front wall, bottom wall and rear wall extend from first longitudinal end to second longitudinal end),
wherein the front wall defines:
a first planar front surface (Marked Fig. 1; first planar front surface) extending from the elongated front edge of the bottom wall to the elongated top edge of the front wall and from the first longitudinal end to the first recess (Marked Fig. 1; first planar front surface extends as described), and a second planar front surface (Marked Fig. 1; second planar front surface) extending from the elongated front edge of the bottom wall to the elongated top edge of the front wall and from the second longitudinal end to the first recess (Marked Fig. 1; second planar front surface extends as described),
wherein the rear wall defines a first planar rear surface (Marked Fig. 1; first planar rear surface) extending from the elongated rear edge of the bottom wall to the elongated top edge of the rear wall and from the first longitudinal end to the second recess (Marked Fig. 1; first planar rear surface extends as described), and a second planar rear surface (Marked Fig. 1; second planar front surface) extending from the elongated rear edge of the bottom wall to the elongated top edge of the rear wall and from the second longitudinal end to the second recess (Marked Fig. 1; second planar rear surface extends as described).
McGuinness ‘603 does not disclose the first planar front surface, the second planar front surface, the first planar rear surface and the second planar rear surface are continuous and uninterrupted thereacross.
However, McGuinness ‘603 discloses the plurality of vent holes can be of various sizes, shapes, arrangements and locations to maximize cooking benefits ([0028]). From this disclosure, one of ordinary skill in the art can readily conceive of a configuration for the locations of the vent holes wherein there are no vent holes in the first planar front surface, the second planar front surface, the first planar rear surface and the second planar rear surface. In the analogous art, Kenny teaches such a configuration where a taco cooking insert comprises (Fig. 23; [0080]; connected dorsal aspect 11 for holding soft tortilla during microwave heating) a plurality of vent holes (Fig. 23; [0080]; a plurality of apertures 13), a planar front surface (Fig. 23; [0080]; first wall 15) and a planar rear surface (Fig. 23; [0080]; second wall 16), wherein the planar front surface and planar rear surface are continuous and uninterrupted (Fig. 23; 15 and 16 are free from any apertures or shape changes thereacross).
McGuinness ‘603 and Kenny are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify the configuration of vent holes of McGuinness ‘603 as suggested by the configuration taught by Kenny to provide the first planar front surface, the second planar front surface, the first planar rear surface and the second planar rear surface are continuous and uninterrupted thereacross. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D). Such a configuration can avoid burn-inducing and/or deleterious attachment to or over-contact with the walls of the appliance before, during, and after cooking (Kenny [0078]).
Regarding claim 8, McGuinness ‘603 discloses the cooking insert of claim 7, wherein one of the bottom wall, the front wall, and the rear wall comprises at least one aperture therein (Marked Fig. 1; [0027]; bottom wall, front wall and rear wall may include holes 20).
Regarding claim 9, McGuinness ‘603 discloses the cooking insert of claim 7, wherein each of the bottom wall, the front wall, and the rear wall comprises at least one aperture therein (Marked Fig. 1; [0027]; bottom wall, front wall and rear wall may include holes 20 and top wall may include slotted holes).
Regarding claim 12, McGuinness ‘603 discloses the cooking insert of claim 7, further comprising a top wall (Marked Fig. 1; top wall) extending between the elongated top edges of the front wall (Marked Fig. 1; elongated front edge of top wall) and the rear wall (Marked Fig. 1; elongated rear edge of top wall).
Regarding claim 19, McGuinness ‘603 discloses the cooking insert of claim 12, wherein McGuinness ‘603 further discloses the bottom wall, the top wall, the front wall, and the rear wall are connected (Marked Fig. 6; bottom wall, top wall, front wall and rear wall are all connected).
Furthermore, examiner notes that the use of a one piece construction would be obvious as it has been held to be within the general skill of one working in the art to make plural parts unitary or integral. See MPEP 2144.04 (V).
Claims 1, 3-5, 10, 11, 14, 15, 17, 18, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over McGuinness et al. (US 20120138603 A1; hereafter McGuinness ‘603), in view of McGuinness (US 8061268 B1; hereafter McGuinness ‘268) as evidenced by Beehler (US 5993871 A) and Kovich et al. (US 20080193613 A1; hereafter Kovich).
Regarding claim 1, McGuinness ‘603 discloses a cooking insert ([0008]; variable geometry tortilla cooking device) for use with a taco shell ([0008]; for forming pre-formed taco shells), comprising:
a bottom wall (Marked Fig. 1; bottom wall) having an elongated front edge (Marked Fig. 1; elongated front edge of bottom wall) and an elongated rear edge (Marked Fig. 1; elongated rear edge of bottom wall), wherein the bottom wall has a width between the elongated front edge and the elongated rear edge (Marked Fig. 6; bottom wall has a width between elongated front edge of bottom wall and elongated rear edge of bottom wall);
a top wall (Marked Fig. 1; top wall) having an elongated front edge (Marked Fig. 1; elongated front edge of top wall) and an elongated rear edge (Marked Fig. 1; elongated rear edge of top wall), wherein the top wall has a width between the elongated front edge and the elongated rear edge (Marked Fig. 6; top wall has a width between elongated front edge of top wall and elongated rear edge of top wall) that is greater than the width of the bottom wall (Marked Fig. 6; top wall width is greater than bottom wall width);
a front wall (Marked Fig. 1; front wall) extending upwardly from the elongated front edge of the bottom wall to the elongated front edge of the top wall (Marked Fig. 1; front wall extends from elongated front edge of bottom wall to elongated front edge of top wall);
and a rear wall (Marked Fig. 1; rear wall) extending upwardly from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall (Marked Fig. 1; rear wall extends from elongated rear edge of bottom wall to elongated rear edge of top wall),
wherein the front wall and the rear wall define an acute angle therebetween (Marked Fig. 6; acute angle between front wall and rear wall), and wherein, in a use configuration in which the cooking insert is configured to be received within the taco shell ([0013]; tortilla, forming the taco shell, is draped over the variable geometry tortilla cooking device): the bottom wall defines a planar bottom surface (Marked Fig. 1; surface of the bottom wall is planar) that extends from the front wall to the rear wall (Marked Fig. 1; surface of the bottom wall extends as described).
While the configuration shown in Figure 6 results in a W-shaped bottom for the tortilla shell, an example of which can be seen in Figure 4 of Beehler, McGuinness ‘603 further discloses the geometric shape can be selected from the group consisting of U-shape, V-shape, oval, round, triangle, square, round and corrugated versions of the aforementioned shapes ([0010]). An example of a square shape for the bottom of the tortilla shell can be seen in Figure 3A of Kovich. Selecting the square shape results in the top wall having a planar top surface that extends from the front wall to the rear wall.
McGuinness ‘603 does not explicitly disclose a first recess is provided at the elongated front edge of the top wall and a second recess is provided at the elongated rear edge of the top wall to facilitate grasping the cooking insert.
However, McGuinness ‘268 teaches a cooking insert for use with a taco shell (Fig. 1; Col. 3, Ln. 37-40), comprising:
a bottom wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 3, Ln. 60-67; base plate 20 has elongated front edge and elongated rear edge);
a top wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 4, Ln. 1-9; top 17 has elongated front edge and elongated rear edge);
a front wall extending upwardly from the elongated front edge of the bottom wall to the elongated front edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; second side 12 extends upwardly from bottom wall elongated front edge to top wall elongated front edge);
and a rear wall extending upwardly from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; first side 11 extends upwardly from bottom wall elongated rear edge to top wall elongated rear edge);
wherein the front wall and the rear wall define an acute angle therebetween (Marked Fig. 1; there is an acute angle between first side 11 and second side 12),
and a recess is provided at each of the elongated front edge and the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge).
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McGuinness ‘603 and McGuinness ‘268 are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. McGuinness ‘603 discloses the shape of the variable geometry tortilla cooking device may be configured to generate tortilla shells with different shapes, including a configuration with corrugated edges. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify McGuinness ‘603 with the teachings of McGuinness ‘268 to provide a first recess is provided at the elongated front edge of the top wall and a second recess is provided at the elongated rear edge of the top wall since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not Significant to the function of the combination. See MPEP 2144 (IV). Furthermore, one would have been motivated to provide the recesses for the purposes of generating a greater variety of tortilla shells. Such recesses would also be capable of allowing a user to grasp the tortilla cooking device.
Regarding claim 3, modified McGuinness ‘603 discloses the cooking insert of claim 1, wherein McGuinness ‘603 further discloses one of the bottom wall, the front wall, and the rear wall comprises at least one aperture therein (Marked Fig. 1; [0027]; bottom wall, front wall and rear wall may include holes 20).
Regarding claim 4, modified McGuinness ‘603 discloses the cooking insert of claim 1.
McGuinness ‘603 does not disclose the first recess disposed at the elongated front edge of the top wall and the second recess disposed at the elongated rear edge of the top wall each extend an entire height of the corresponding front wall and rear wall, respectively.
However, McGuinness ‘268 further teaches the recesses disposed at each of the elongated front edge and the elongated rear edge of the top wall each extend an entire height of the corresponding front wall and rear wall, respectively (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11).
McGuinness ‘603 and McGuinness ‘268 are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. McGuinness ‘603 discloses the shape of the variable geometry tortilla cooking device may be configured to generate tortilla shells with different shapes, including a configuration with corrugated edges. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify McGuinness ‘603 with the teachings of McGuinness ‘268 to provide the first recess disposed at the elongated front edge of the top wall and the second recess disposed at the elongated rear edge of the top wall each extend an entire height of the corresponding front wall and rear wall, respectively, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not Significant to the function of the combination. See MPEP 2144 (IV). Furthermore, one would have been motivated to provide the recesses for the purposes of generating a greater variety of tortilla shells.
Regarding claim 5, modified McGuinness ‘603 discloses the cooking insert of claim 1.
McGuinness ‘603 does not disclose the first recess extends along the front wall to the elongated front edge of the bottom wall and the second recess extends along the rear wall to the elongated rear edge of the bottom wall.
However, McGuinness ‘268 further teaches the recess provided at the elongated front edge of the top wall extends along the front wall to the elongated front edge of the bottom wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11 to the base plate 10 with bottom wall elongated front edge and bottom wall elongated rear edge respectively); and the recess provided at the elongated rear edge of the top wall extends along the rear wall to the elongated rear edge of the bottom wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11 to the base plate 10 with bottom wall elongated front edge and bottom wall elongated rear edge respectively).
McGuinness ‘603 and McGuinness ‘268 are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. McGuinness ‘603 discloses the shape of the variable geometry tortilla cooking device may be configured to generate tortilla shells with different shapes, including a configuration with corrugated edges. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify McGuinness ‘603 with the teachings of McGuinness ‘268 to provide the first recess extends along the front wall to the elongated front edge of the bottom wall and the second recess extends along the rear wall to the elongated rear edge of the bottom wall since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not Significant to the function of the combination. See MPEP 2144 (IV). Furthermore, one would have been motivated to provide the recesses for the purposes of generating a greater variety of tortilla shells.
Regarding claim 10, McGuinness ‘603 discloses the cooking insert of claim 7.
McGuinness ‘603 does not disclose the first recess disposed at the elongated top edge of the front wall and the second recess disposed at the elongated top edge of the rear wall extend an entire height of the corresponding front wall and rear wall, respectively.
However, McGuinness ‘268 teaches a cooking insert for use with a taco shell (Fig. 1; Col. 3, Ln. 37-40), comprising: a bottom wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 3, Ln. 60-67; base plate 20 has elongated front edge and elongated rear edge); a top wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 4, Ln. 1-9; top 17 has elongated front edge and elongated rear edge); a front wall extending upwardly from the elongated front edge of the bottom wall to the elongated front edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; second side 12 extends upwardly from bottom wall elongated front edge to top wall elongated front edge); and a rear wall extending upwardly from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; first side 11 extends upwardly from bottom wall elongated rear edge to top wall elongated rear edge); wherein the front wall and the rear wall define an acute angle therebetween (Marked Fig. 1; there is an acute angle between first side 11 and second side 12), and a recess is provided at each of the elongated front edge and the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge). The recesses disposed at each of the elongated front edge and the elongated rear edge of the top wall each extend an entire height of the corresponding front wall and rear wall, respectively (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11).
McGuinness ‘603 and McGuinness ‘268 are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. McGuinness ‘603 discloses the shape of the variable geometry tortilla cooking device may be configured to generate tortilla shells with different shapes, including a configuration with corrugated edges. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify McGuinness ‘603 with the teachings of McGuinness ‘268 to provide the first recess disposed at the elongated top edge of the front wall and the second recess disposed at the elongated top edge of the rear wall extend an entire height of the corresponding front wall and rear wall, respectively, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not Significant to the function of the combination. See MPEP 2144 (IV). Furthermore, one would have been motivated to provide the recesses for the purposes of generating a greater variety of tortilla shells.
Regarding claim 11, McGuinness ‘603 discloses the cooking insert of claim 7.
McGuinness ‘603 does not disclose a first recess provided at the elongated top edge of the front wall extends along the front wall to the elongated front edge of the bottom wall and a second recess provided at the elongated top edge of the rear wall extends along the rear wall to the elongated rear edge of the bottom wall.
However, McGuinness ‘268 teaches a cooking insert for use with a taco shell (Fig. 1; Col. 3, Ln. 37-40), comprising: a bottom wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 3, Ln. 60-67; base plate 20 has elongated front edge and elongated rear edge); a top wall having an elongated front edge and an elongated rear edge (Marked Fig. 1; Col. 4, Ln. 1-9; top 17 has elongated front edge and elongated rear edge); a front wall extending upwardly from the elongated front edge of the bottom wall to the elongated front edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; second side 12 extends upwardly from bottom wall elongated front edge to top wall elongated front edge); and a rear wall extending upwardly from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; first side 11 extends upwardly from bottom wall elongated rear edge to top wall elongated rear edge); wherein the front wall and the rear wall define an acute angle therebetween (Marked Fig. 1; there is an acute angle between first side 11 and second side 12), and a recess is provided at each of the elongated front edge and the elongated rear edge of the top wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge). The recess provided at the elongated front edge of the top wall extends along the front wall to the elongated front edge of the bottom wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11 to the base plate 10 with bottom wall elongated front edge and bottom wall elongated rear edge respectively) and the recess provided at the elongated rear edge of the top wall extends along the rear wall to the elongated rear edge of the bottom wall (Marked Fig. 1; Col. 4, Ln. 1-9; peaks 24 and valleys 28 form recesses in top wall elongated front edge and top wall elongated rear edge that extend an entire height of second side 12 and first side 11 to the base plate 10 with bottom wall elongated front edge and bottom wall elongated rear edge respectively).
McGuinness ‘603 and McGuinness ‘268 are both considered to be analogous to the claimed invention because they are in the field of taco shell cooking implements. McGuinness ‘603 discloses the shape of the variable geometry tortilla cooking device may be configured to generate tortilla shells with different shapes, including a configuration with corrugated edges. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify McGuinness ‘603 with the teachings of McGuinness ‘268 to provide the first recess provided at the elongated front edge of the top wall extends along the front wall to the elongated front edge of the bottom wall and the second recess provided at the elongated rear edge of the top wall extends along the rear wall to the elongated rear edge of the bottom wall since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not Significant to the function of the combination. See MPEP 2144 (IV). Furthermore, one would have been motivated to provide the recesses for the purposes of generating a greater variety of tortilla shells.
Regarding claim 14, modified McGuinness ‘603 discloses the cooking insert of claim 1, wherein McGuinness ‘603 further discloses each of the bottom wall, the front wall, the rear wall, and the top wall comprises at least one aperture therein (Marked Fig. 1; [0027]; bottom wall, front wall and rear wall may include holes 20 and top wall may include slotted holes).
Regarding claim 15, modified McGuinness ‘603 discloses the cooking insert of claim 1, wherein McGuinness ‘603 further discloses the front wall defines a planar front surface (Marked Fig. 1; first planar front surface) extending from the elongated front edge of the bottom wall to the elongated front edge of the top wall (Marked Fig. 1; first planar front surface extends as described), and wherein the rear wall defines a planar rear surface (Marked Fig. 1; first planar rear surface) extending from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall (Marked Fig. 1; first planar rear surface extends as described).
Regarding claim 17, modified McGuinness ‘603 discloses the cooking insert of claim 15, wherein McGuinness ‘603 further discloses the top wall defines a planar top surface (Marked Fig. 1; surface of the top wall is planar) that extends between the elongated front edge of the top wall and the elongated rear edge of the top wall (Marked Fig. 1, 6; surface of the top wall extends as described).
Regarding claim 18, modified McGuinness ‘603 discloses the cooking insert of claim 15, wherein McGuinness ‘603 further discloses the cooking insert has a first longitudinal end (Marked Fig. 1; first longitudinal end) and a second longitudinal end (Marked Fig. 1; second longitudinal end), wherein the planar front surface is a first planar front surface (Marked Fig. 1; first planar front surface) extending from the first longitudinal end to the first recess (Marked Fig. 1; first planar front surface extends as described),
wherein the front wall further defines a second planar front surface (Marked Fig. 1; second planar front surface) extending from the elongated front edge of the bottom wall to the elongated front edge of the top wall and from the second longitudinal end to the first recess (Marked Fig. 1; second planar front surface extends as described),
wherein the planar rear surface is a first planar rear surface (Marked Fig. 1; first planar rear surface) extending from the first longitudinal end to the second recess (Marked Fig. 1; first planar rear surface extends as described),
and wherein the rear wall further defines a second planar rear surface (Marked Fig. 1; second planar rear surface) extending from the elongated rear edge of the bottom wall to the elongated rear edge of the top wall and from the second longitudinal end to the second recess (Marked Fig. 1; second planar rear surface extends as described).
Regarding claim 20, modified McGuinness ‘603 discloses the cooking insert of claim 1, wherein McGuinness ‘603 further discloses the bottom wall, the top wall, the front wall, and the rear wall are connected (Marked Fig. 6; bottom wall, top wall, front wall and rear wall are all connected).
Furthermore, examiner notes that the use of a one piece construction would be obvious as it has been held to be within the general skill of one working in the art to make plural parts unitary or integral. See MPEP 2144.04 (V).
Regarding claim 21, modified McGuinness ‘603 discloses the cooking insert of claim 1, wherein McGuinness ‘603 further discloses, in the use configuration, the planar top surface of the top wall and the planar bottom surface of the bottom wall are substantially parallel to each other ([0010]; when selecting a square bottom shape (see Figure 3A of Kovich for example) the bottom wall will be planar and parallel to the top wall).
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.
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754