DETAILED ACTION
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
The amendment filed on 08/12/2025 has been entered and accepted.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 18, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New rejections have been made over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as well as Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), Averwater (US 20090320882 A1), and GSCHWIND (EP 2067425 A1), and THABIT (US 20170191670 A1). A full rejection can be found below.
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) 1-3, 6, 8-10, 12-15, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A).
Regarding claim 1, Hancock (US 20190374065 A1) teaches a cooking device (cooking device 100), comprising:
a single cooking chamber (Fig. 4A, integrated volume 110);
a cooking structure disposed within the cooking chamber (Paragraph 40, cooking structure 171 within integrated volume 110), the cooking structure including one or more cooking surfaces configured for placement of foodstuffs (Paragraph 40, foodstuffs placed on cooking structure 171);
a first heat source at least partially disposed within the cooking chamber (Figure 1B Paragraph 38, first heat source 106 is positioned in volume 110), the first heat source including a gas-powered heat source with one or more burners disposed in the cooking chamber (Paragraph 38, first heat source 106 is positioned in volume 110; Paragraphs 39, first heat source includes a gas burner);
a second heat source at least partially disposed within the cooking chamber (Paragraph 38, second heat source 104 is disposed within volume 110), the second heat source including a burn pot sized and configured to burn a solid fuel (Figure 2B Paragraph 76, second heat source consists of a wood pellet 600), the burn pot of the second heat source disposed below the burners of the first heat source in a vertically stacked configuration (Paragraph 29, heat sources 106 and 104 are in a stacked arrangement); and
a drip tray that is disposed between the burners of the first heat source and the burn pot of the second heat source (Figure 2A Paragraph 43, drip tray 179 is positioned between heat sources 104 and 106)
the drip tray at least partially disposed below the burners of the first heat source (Paragraph 44, drip tray is positioned between the baffle 177 and the first heat source)
a diffuser disposed below the drip tray (Paragraphs 43-44, drip tray 179 is positioned between baffle 177 and the first heat source 106 wherein the baffle is configured to direct a portion of thermal energy to outer portions of the volume)
Hancock fails to teach:
a drawer movable between an open position and a closed position relative to the cooking chamber, the drawer including a drip tray that is disposed between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the closed position, the drawer allowing the drip tray to be at least partially removed from between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the open position,
the drip tray including two or more angled surfaces extending between a first side of the drawer and a second side of the drawer, the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray; and
Gregory (US 8490614 B1) teaches a gas grill, comprising:
a drawer movable between an open position and a closed position relative to the cooking chamber (Column 7 Lines 16-31, a drip pan assembly 60 arranged in a vertical drawer assembly), the drawer including a drip tray (drip pan assembly 60 contains removable flat drip tray 62) that is disposed between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the closed position (Column 4 Lines 1-3, the position of the drip tray assembly may be interchangeable with a burner assembly and a grill surface assembly; Column 7 Lines 28-31, an additional interchangeable smoker assembly is provided and may be used for wood burning), the drawer allowing the drip tray to be at least partially removed from between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the open position (Column 7 Lines 16-31, a drip pan assembly arranged in a vertical drawer assembly is removable; Column 4 Lines 4-10, track mechanism allows for each drawer to be completely separated and lifted free of the frame enclosure)
the drip tray at least partially disposed below the burners of the first heat source (Column 4 Lines 1-3, the position of the drip tray assembly may be interchangeable with a burner assembly and a grill surface assembly; Column 7 Lines 28-31, an additional interchangeable smoker assembly is provided and may be used for wood burning) and extending between a first side of the drawer and a second side of the drawer (Figure 5 Column 11 Lines 3-8, removable flat drip tray 62 extends between a pair of drip tray side panels 63)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Gregory and have the drip tray positioned between the first and second heat sources be configured as a drawer and be removable. This would have been done to allow for easy care and cleaning of the drip tray (Gregory Column 7 Lines 30-31).
Hancock modified with Gregory fails to teach:
the drip tray including two or more angled surfaces, the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray; and
KIM (KR 20010078431 A) teaches an apparatus for roasting meat, wherein:
the drip tray including two or more angled surfaces (Figure 2a Page 3, drip tray 66 is formed in a substantially V shape), the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray (Figure 2b Page 3, the oil dropped into the drip tray 66 flows toward the outside through hole 69 of the drip tray); and
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Holland and have the drip tray include two or more angled surfaces such as to direct drippings to a lower portion of the drip tray. This would have been done to such as to drain the oil without extending horizontally outside the cooking apparatus (KIM Page 6).
The Office further teaches that having a drip tray including two or more angled surfaces used to direct drippings to one or more openings in a lower portion of the trip tray with a diffuser positioned below the drip tray is known in the art as evidenced by Holland (US 4773319 A).
Regarding claim 2, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
the drawer is removable from the cooking chamber (Column 7 Lines 30-31, drip tray assembly is easily removable for easy care and cleaning).
It would have been obvious for the same motivation as claim 1.
Regarding claim 3, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
the drawer allows the drip tray to be cleaned without moving, removing, or opening other components of the cooking device other than the drawer (Column 7 Lines 30-31, drip tray assembly is easily removable for easy care and cleaning).
It would have been obvious for the same motivation as claim 1.
Regarding claim 6, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
the drawer slides in and out of an opening in the cooking chamber when the drawer is moved between the open and closed positions (Column 7 Lines 30-31, drip tray assembly is easily removable for easy care and cleaning; Figures 1-3, the drawers slide in and out of the cooking chamber when the drawers are opened; Column 4 Lines 4-10, track mechanism allows for each drawer to be completely separated and lifted free of the frame enclosure).
It would have been obvious for the same motivation as claim 1.
Regarding claim 8, Hancock as modified teaches the cooking device of claim 1, wherein:
burn pot of the second heat source is at least partially disposed in a first plane (Figure 2A, second heat source 104 is disposed in a first horizontal plane);
wherein the burners of the first heat source are at least partially disposed in a third plane (Figure 2A, first heat sources 106 are disposed in a third horizontal plane);
wherein the first plane, the second plane, and the third plane are nominally disposed in a vertically stacked configuration (Figure 2A, first/second/third planes are disposed in a vertically stacked configuration);
and wherein the first plane and the third plane are nominally disposed in a parallel configuration (Figure 2A, first plane and third plane are disposed in a parallel configuration).
Gregory further teaches:
wherein the drawer is at least partially disposed in a second plane when the drawer is in the closed position (Figure 3, drip tray portion 62 is disposed in a second horizontal plane when the drawer is in a closed position; Figure 3, all the drawers are disposed in a horizontal plane in a vertically stacked parallel configuration).
It would have been obvious for the same motivation as claim 1.
Regarding claim 9, Hancock as modified teaches the cooking device of claim 1, wherein:
burn pot of the second heat source is at least partially disposed in a first plane (Figure 2A, second heat source 104 is disposed in a first horizontal plane);
wherein the burners of the first heat source are at least partially disposed in a third plane (Figure 2A, first heat sources 106 are disposed in a third horizontal plane);
wherein at least a portion of the cooking structure is at least partially disposed in a fourth plane (Figure 2A, cooking structure 171 is disposed in a fourth horizontal plane);
wherein the first plane, the third plane, and the fourth plane are nominally disposed in a vertically stacked configuration (Figure 2A, all the planes are disposed in a vertically stacked configuration);
and wherein the first plane, the third plane, and the fourth plane are nominally disposed in a parallel configuration (Figure 2A, all the planes are disposed in a parallel configuration).
Gregory further teaches:
wherein the drawer is at least partially disposed in a second plane when the drawer is in the closed position (Figure 3, drip tray portion 62 is disposed in a second horizontal plane when the drawer is in a closed position; Figure 3, all the drawers are disposed in a horizontal plane in a vertically stacked parallel configuration);
It would have been obvious for the same motivation as claim 1.
Regarding claim 10, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
when the drawer is disposed in the closed position, the drawer is disposed nominally parallel to the cooking structure (Figure 3, when drip tray assembly 60 is in the closed position the drawer is disposed parallel to the grill surface assembly 40).
It would have been obvious for the same motivation as claim 1.
Regarding claim 12, Hancock as modified teaches the cooking device of claim 11, further comprising:
a second gap disposed between the drip tray and a rear portion of the cooking chamber (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly), the second gap sized and configured to allow at least a portion of the thermal energy from the second heat source to flow towards the cooking structure (Figure 4C Paragraph 43, baffle 177 positioned below drip tray 179 and is configured to direct a portion of the thermal energy produced by the second heat source 104 to an upper portion of the volume 110 where cooking structure 171 is located through the gaps at the front 245 and rear of the housing assembly).
Regarding claim 13, Hancock as modified teaches the cooking device of claim 11, further comprising:
a second gap disposed between the drip tray and a rear portion of the cooking chamber (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly), the second gap sized and configured to allow at least a portion of the thermal energy from the second heat source to flow towards the cooking structure (Figure 4C Paragraph 43, baffle 177 positioned below drip tray 179 and is configured to direct a portion of the thermal energy produced by the second heat source 104 to an upper portion of the volume 110 where cooking structure 171 is located through the gaps at the front 245 and rear of the housing assembly).
Averwater further teaches:
a gap between the rear of the housing 14 and the rear cap 80 of the drawers which would allow smoke and heat to pass through that area (Figure 8)1
It would have been obvious for the same motivation as claim 11.
Regarding claim 14, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
wherein the drawer is disposed between a first side of the cooking chamber and a second side of the cooking chamber when the drawer in the closed position (Figure 3, drip tray assembly 60 extends in the direction from front of apparatus 10 to rear of apparatus 10);
and wherein the drawer is disposed between a front portion of the cooking chamber and a rear portion of the cooking chamber when the drawer is in the closed position (Figure 3, drip tray assembly 60 extends in the direction from front of apparatus 10 to rear of apparatus 10).
It would have been obvious for the same motivation as claim 1.
Regarding claim 15, Hancock as modified teaches the cooking device of claim 1.
Gregory further teaches:
the drawer includes a front panel (drip tray face plate 61), the front panel forming a portion of the cooking chamber when the drawer is in the closed position (Figure 3, drip tray face plate 61 forms a portion of the housing when the drip tray assembly portion 60 is in the closed position),
It would have been obvious for the same motivation as claim 1.
Averwater further teaches:
the front panel sized and configured to retain heat within the cooking chamber during use of the cooking device (Figure 8 Paragraph 33, the drawers seal all the openings in the front of the cabinet when they are closed to retain heat and smoke within the housing 14).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Averwater and have the drawer form a seal with the cooking chamber when the drawer is closed. This would have been done to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
The Office further notes that having drawers form a seal with a cooking chamber when the drawer is closed in a grill is well known in the art as evidenced by West (US 20210235928 A1).
Regarding claim 18, Hancock teaches a cooking device (cooking device 100), comprising:
a single cooking chamber (Fig. 4A, integrated volume 110);
a cooking structure disposed within the cooking chamber (Paragraph 40, cooking structure 171 within integrated volume 110), the cooking structure including one or more cooking surfaces configured for placement of foodstuffs (Paragraph 40, foodstuffs placed on cooking structure 171);
a first heat source at least partially disposed within the cooking chamber (Figure 1B Paragraph 38, first heat source 106 is positioned in volume 110), the first heat source including a gas-powered heat source with one or more burners disposed in the cooking chamber (Paragraph 38, first heat source 106 is positioned in volume 110; Paragraphs 39, first heat source includes a gas burner);
a second heat source at least partially disposed within the cooking chamber (Paragraph 38, second heat source 104 is disposed within volume 110), the second heat source including a burn pot sized and configured to burn a solid fuel (Figure 2B Paragraph 76, second heat source consists of a wood pellet burner 600), the burn pot disposed within the cooking chamber (Fig. 4A, second heat source 104 is disposed within integrated volume 110), the burn pot of the second heat source disposed below the first heat source in a vertically stacked configuration (Paragraph 29, heat sources 106 and 104 are in a stacked arrangement);
a drip tray, the drip tray disposed between the burners of the first heat source and the burn pot of the second heat source (Figure 2A Paragraph 43, drip tray 179 is positioned between heat sources 104 and 106)
a diffuser disposed below the drip tray (Paragraph 43, baffle configured to direct at least a portion of the thermal energy produced to the outer volume adjacent to the housing assembly)
Hancock fails to teach:
an opening in the cooking chamber; a drawer movable within the opening in the cooking chamber between an open position and a closed position;
a drip tray connected to a first sidewall of the drawer and a second sidewall of the drawer, the drip tray disposed between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the closed position, the drip tray at least partially removed from between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the open position; and
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray; and
Gregory (US 8490614 B1) teaches a gas grill, comprising:
an opening in the cooking chamber (Column 3 Lines 8-11, drawer opening for a drip tray assembly within interior space of apparatus 10; Column 4 Lines 1-3, drip tray assembly is interchangeable within a desired drawer opening); a drawer movable within the opening in the cooking chamber between an open position and a closed position (Column 7 Lines 16-31, a drip pan assembly arranged in a vertical drawer assembly); and
a drip tray connected to a first sidewall of the drawer and a second sidewall of the drawer (Figure 5 Column 10 Line 63 – Column 11 Line 8, drip pan assembly 60 contains removable flat drip tray 62 which is connected to the sidewalls of the drawer), the drip tray disposed between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the closed position (Column 4 Lines 1-3, the position of the drip tray assembly may be interchangeable with a burner assembly and a grill surface assembly; Column 7 Lines 28-31, an additional interchangeable smoker assembly is provided and may be used for wood burning), the drip tray at least partially removed from between the burners of the first heat source and the burn pot of the second heat source when the drawer is in the open position (Column 7 Lines 16-31, a drip pan assembly arranged in a vertical drawer assembly is removable; Column 4 Lines 4-10, track mechanism allows for each drawer to be completely separated and lifted free of the frame enclosure)2.
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Gregory and have the drip tray positioned between the first and second heat sources be configured as a drawer and be removable. This would have been done to allow for easy care and cleaning of the drip tray (Gregory Column 7 Lines 30-31).
Hancock modified with Gregory fails to teach:
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray; and
KIM (KR 20010078431 A) teaches an apparatus for roasting meat, wherein:
the drip tray including two or more angled surfaces (Figure 2a Page 3, drip tray 66 is formed in a substantially V shape), each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray (Figure 2b Page 3, the oil dropped into the drip tray 66 flows toward the outside through hole 69 of the drip tray); and
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Holland and have the drip tray include two or more angled surfaces such as to direct drippings to a lower portion of the drip tray. This would have been done to such as to drain the oil without extending horizontally outside the cooking apparatus (KIM Page 6).
The Office further teaches that having a drip tray including two or more angled surfaces used to direct drippings to one or more openings in a lower portion of the trip tray with a diffuser positioned below the drip tray is known in the art as evidenced by Holland (US 4773319 A).
Regarding claim 19, Hancock as modified teaches the cooking device of claim 18, further comprising:
a heat and/or smoke distribution system (baffle 177 and drip tray 179) disposed within the cooking chamber (Figure 2A, baffle 177 and drip tray 179 within integrated volume 110), the heat and/or smoke distribution system at least partially controlling the flow of heat and/or smoke from the second heat source towards the cooking structure (Paragraph 43, heat from the second heat source 104 may be transferred around baffle 177 up to volume 110 where cooking structure 171 is located; Paragraph 57, second heat source 104 provides thermal energy indirectly to the first portion 202),
the heat and/or smoke distribution system (drip tray 179 and baffle 177) including one or more gaps disposed about one or more edges of a drip tray (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly)
Kim further teaches:
the heat and/or smoke distribution system includes one or more openings in the drip tray (Figure 2b, hole in the drip tray 66).
It would have been obvious for the same motivation as claim 18.
The Office further notes that the use of drip trays in a heat and/or smoke distribution system is known in the art as evidenced by Sauerwein (US 20170164783 A1).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as applied to claim 1 above, and further in view of KANG (KR 20090027380 A).
Regarding claim 4, Hancock as modified teaches the cooking device of claim 1.
Hancock fails to teach:
the drawer is disposed in an opening in a rear surface of the cooking device.
KANG (KR 20090027380 A) teaches a roasting device, wherein:
the drawer is disposed in an opening in a rear surface of the cooking device (Figure 2b Page 2, drip tray drawer 125 is located at the rear of the roasting apparatus).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Kang and have the drawer be located at the rear surface of the cooking device. This would have been done so that the drip pan is not accidentally moved or pulled out during operation.
The Office further notes that positioning a drip pan in an opening from either the front and the rear of a cooking apparatus is well known in the art as evidenced by Graff (US 0941141 A).
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as applied to claim 1 above, and further in view of Averwater (US 20090320882 A1).
Regarding claim 5, Hancock as modified teaches the cooking device of claim 1.
Hancock as modified fails to teach:
the drawer at least partially forms a seal with the cooking chamber when the drawer is in the closed position
Averwater (US 20090320882 A1) teaches a barbecue smoker, wherein:
the drawer at least partially forms a seal with the cooking chamber when the drawer is in the closed position (Figure 8 Paragraph 33, the drawers seal all the openings in the front of the cabinet when they are closed).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Averwater and have the drawer form a seal with the cooking chamber when the drawer is closed. This would have been done to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
The Office further notes that having drawers form a seal with a cooking chamber when the drawer is closed in a grill is well known in the art as evidenced by West (US 20210235928 A1).
Regarding claim 11, Hancock as modified teaches the cooking device of claim 1, further comprising:
a first gap disposed between a front part of the housing assembly and a front portion of the drip tray (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly), the first gap sized and configured to facilitate distribution of heat and/or smoke within the cooking chamber (Figure 4C Paragraph 43, baffle 177 positioned below drip tray 179 and is configured to direct a portion of the thermal energy produced by the second heat source 104 to an upper portion of the volume 110 where cooking structure 171 is located through the gaps at the front 245 and rear of the housing assembly)
wherein the first gap is sized and configured to allow at least a portion of a thermal energy from the second heat source to flow towards the cooking structure (Figure 4C Paragraph 43, baffle 177 positioned below drip tray 179 and is configured to direct a portion of the thermal energy produced by the second heat source 104 to an upper portion of the volume 110 where cooking structure 171 is located through the gaps at the front 245 and rear of the housing assembly)3.
The Office further notes that using drain pans to control the type of heat that is provided to cooking rack is known in the art as evidenced by Sauerwein (US 20170164783 A1).
Hancock as modified fails to teach:
the drawer including a first gap disposed between a front portion of the drawer and a front portion of the drip tray
Averwater (US 20090320882 A1) teaches a barbecue smoker, wherein:
the front portions of the drawers are used to seal all the respective openings in the front of the cabinet when they are closed (Figure 8 Paragraph 33)
a gap between the rear of the housing 14 and the rear cap 80 of the drawers which would allow smoke and heat to pass through that area (Figure 8)4
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Averwater and have the front portions of the drawer form a seal with the cooking chamber when the drawer is closed. This would have been done to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
Since it is desirable to have the front portion of the drawer form a seal with the front of the cabinet and to have gaps between a drip tray and both the front/rear of a housing apparatus to allow thermal energy/smoke to travel to the cooking surface, one of ordinary skill in the art would have found it obvious to position a gap between the drip tray and the front portion of the drawer such as to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as applied to claim 1 above, and further in view of Matthews (US 4454805 A).
Regarding claim 7, Hancock as modified teaches the cooking device of claim 1, wherein
the diffuser is partially disposed above the burn pot of the second heat source when the drawer is disposed in a closed position (Figure 2A Paragraph 43, baffle 177 disposed above second heat source 104).
Hancock fails to teach:
the diffuser connected to a lower portion of the drip tray
Matthews (US 4454805 A) teaches a grill grating, wherein:
the diffuser connected to a lower portion of the drip tray (Column 3 Lines 10-17, heat deflector 42 is fixed to the drip pan 58)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Matthews and have a diffuser connected to a lower portion of the drip pan. This would have been done to ensure an even distribution of the cooking heat and to avoid burning of the food drippings in the drip pan (Matthews Column 1 Lines 49-59)
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as applied to claim 1 above, and further in view of Sauerwein (US 20170164783 A1).
Regarding claim 16, Hancock as modified teaches the cooking device of claim 1, wherein:
the heat and/or smoke distribution system (baffle 177) being sized and configured to direct at least a portion of a thermal energy and/or smoke produced by the second heat source towards the cooking structure (Paragraph 43, heat from the second heat source 104 may be transferred around baffle 177 up to volume 110 where cooking structure 171 is located; Paragraph 57, second heat source 104 provides thermal energy indirectly to the first portion 202).
Hancock fails to explicitly teach:
the drawer forms a portion of a heat and/or smoke distribution system within the cooking chamber,
Sauerwein (US 20170164783 A1) teaches a multiple fuel cooking unit, wherein:
the drawer forms a portion of a heat and/or smoke distribution system within the cooking chamber (Paragraph 40, drain pans are used to provide indirect heat to chamber 305 where cooking rack 310 is located),
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Sauerwein and have the drawer also be a part of the heat and/or smoke distribution system. This would have been done to facilitate providing indirect heat to the cooking structure (Sauerwein Paragraph 40) and would be used for its standardized and predictable results.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), and KIM (KR 20010078431 A) as applied to claim 1 above, and further in view of Measom (US 20180368618 A1).
Regarding claim 17, Hancock as modified teaches the cooking device of claim 1.
KIM further teaches:
one or more openings in the upper portion of the drip tray (Figure 2b, hole in the drip tray 66)
the first portion of the drip tray disposed at an angle relative to the second portion of the drip tray in a generally inverted V-shaped configuration (Figure 2b, the V shaped drip tray 66 has two surfaces one of which is disposed at an angle relative to the other).
It would have been obvious for the same motivation as claim 1.
Hancock as modified fails to teach:
one or more openings in the upper portion of the drip tray to allow heat and/or smoke from the second heat source to traverse the one or more openings in the upper portion of the drip tray and flow towards the one or more cooking surfaces; and
wherein the one or more openings in the upper portion of the drip tray comprise one or more openings in a first portion of the drip tray and one or more openings in a second portion of the drip tray
Measom (US 20180368618 A1) teaches a heat pellet grill system, wherein:
one or more openings in the upper portion of the drip tray to allow heat and/or smoke from the second heat source to traverse the one or more openings in the upper portion of the drip tray and flow towards the one or more cooking surfaces (Figure 4, drip tray 110 has a fixed louvers or other apertures 201; Paragraph 16, plurality of louvers allows direct heat to the cooking rack); and wherein the one or more openings in the upper portion of the drip tray comprise one or more openings in a first portion of the drip tray and one or more openings in a second portion of the drip tray (Figure 4, drip tray 110 has a fixed louvers or other apertures 201; Paragraph 16, plurality of louvers which allow direct heat to the cooking rack are positioned throughout the drip tray)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Measom and added louvers or other apertures to the drip tray. This would have been done so that the user can choose between using the pellet burner as a direct heat source and an indirect one (Measom Paragraph 17).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hancock (US 20190374065 A1) in view of Gregory (US 8490614 B1), Averwater (US 20090320882 A1), and GSCHWIND (EP 2067425 A1), and THABIT (US 20170191670 A1).
Regarding claim 20, Hancock (US 20190374065 A1) teaches a cooking device (cooking device 100), comprising:
a single cooking chamber (Fig. 4A, integrated volume 110);
a cooking structure disposed within the cooking chamber (Paragraph 40, cooking structure 171 within integrated volume 110), the cooking structure including one or more cooking surfaces configured for placement of foodstuffs (Paragraph 40, foodstuffs placed on cooking structure 171);
a first heat source at least partially disposed within the cooking chamber (Figure 1B Paragraph 38, first heat source 106 is positioned in volume 110), the first heat source including a gas-powered heat source with one or more burners disposed in the cooking chamber (Paragraph 38, first heat source 106 is positioned in volume 110; Paragraphs 39, first heat source includes a gas burner);
a second heat source at least partially disposed within the cooking chamber (Paragraph 38, second heat source 104 is disposed within volume 110), the second heat source including a burn pot sized and configured to burn a solid fuel (Figure 2B Paragraph 76, second heat source consists of a wood pellet 600);
a diffuser disposed below the drip tray (Paragraph 43, baffle configured to direct at least a portion of the thermal energy produced to the outer volume adjacent to the housing assembly)
a heat and/or smoke distribution system (drip tray 179 and baffle 177) disposed within the cooking chamber (Figure 2A, baffle 177 and drip tray 179 within integrated volume 110), the heat and/or smoke distribution system sized and configured to direct at least a portion of the heat and/or smoke produced by the second heat source towards the cooking structure (Paragraph 43, heat from the second heat source 104 may be transferred around baffle 177 up to volume 110 where cooking structure 171 is located; Paragraph 57, second heat source 104 provides thermal energy indirectly to the first portion 202), the heat and/or smoke distribution system (drip tray 179 and baffle 177) including a first part of the housing assembly (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly) and a second gap disposed between the drip tray and the cooking chamber (Figures 2B and 4C, drip tray 179 contains gaps at the front 245 and rear of the housing assembly).
Hancock fails to teach:
an opening in an outer wall of the cooking chamber;
a drip tray slidably disposed within the opening in the outer wall of the cooking chamber, the drip tray movable between a first position and a second position, the first position including the drip tray disposed between the burners of the first heat source and the burn pot of the second heat source, the second position including the drip tray at least partially removed from between the burners of the first heat source and the burn pot of the second heat source,
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray;
the diffuser including two or more angled surfaces, two or more of the angled surfaces of the diffuser corresponding to and disposed in a nested configuration with two or more of the angled surfaces of the drip tray; and
a first gap disposed between the drip tray and the drawer
Gregory (US 8490614 B1) teaches a gas grill, comprising:
an opening in an outer wall of the cooking chamber (Column 3 Lines 8-11, drawer opening for a drip tray assembly within interior space of apparatus 10; Column 4 Lines 1-3, drip tray assembly is interchangeable within a desired drawer opening);
a drip tray slidably disposed within the opening in the outer wall of the cooking chamber, the drip tray movable between a first position and a second position (Column 7 Lines 16-31, a drip pan assembly arranged in a vertical drawer assembly; Column 4 Lines 4-10, track mechanism allows the drawers to be extended outwardly from the frame), the first position including the drip tray disposed between the burners of the first heat source and the burn pot of the second heat source (Figure 3 Column 4 Lines 1-3, the position of the drip tray assembly may be interchangeable with a burner assembly and a grill surface assembly; Column 7 Lines 28-31, an additional interchangeable smoker assembly is provided and may be used for wood burning), the second position including the drip tray at least partially removed from between the burners of the first heat source and the burn pot of the second heat source (Column 7 Lines 16-31, a drip pan assembly arranged in a vertical drawer assembly is removable; Column 4 Lines 4-10, track mechanism allows for each drawer to be completely separated and lifted free of the frame enclosure)5;
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Gregory and have the drip tray positioned between the first and second heat sources be configured as a drawer and be removable. This would have been done to allow for easy care and cleaning of the drip tray (Gregory Column 7 Lines 30-31).
Hancock modified with Gregory fails to teach:
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray;
the diffuser including two or more angled surfaces, two or more of the angled surfaces of the diffuser corresponding to and disposed in a nested configuration with two or more of the angled surfaces of the drip tray; and
a first gap disposed between the drip tray and the drawer
Averwater (US 20090320882 A1) teaches a barbecue smoker, wherein:
the front portions of the drawers are used to seal all the respective openings in the front of the cabinet when they are closed (Figure 8 Paragraph 33)
a gap between the rear of the housing 14 and the rear cap 80 of the drawers which would allow smoke and heat to pass through that area (Figure 8)6
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with Averwater and have the front portions of the drawer form a seal with the cooking chamber when the drawer is closed. This would have been done to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
Since it is desirable to have the front portion of the drawer form a seal with the front of the cabinet and to have gaps between a drip tray and both the front/rear of a housing apparatus to allow thermal energy/smoke to travel to the cooking surface, one of ordinary skill in the art would have found it obvious to position a gap between the drip tray and the front portion of the drawer such as to maintain substantially all of the heat and smoke in the cooking chamber and minimize the loss of heat and smoke that is allowed to escape (Averwater Paragraph 33).
The Office further notes that using drain pans to control the type of heat that is provided to cooking rack is known in the art as evidenced by Sauerwein (US 20170164783 A1).
Hancock modified with Averwater fails to teach:
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray;
the diffuser including two or more angled surfaces, two or more of the angled surfaces of the diffuser corresponding to and disposed in a nested configuration with two or more of the angled surfaces of the drip tray; and
GSCHWIND (EP 2067425 A1) teaches a grating, wherein:
the drip tray including two or more angled surfaces (Figures 6 and 9, gutter 4 has angled surfaces), and a diffuser (Paragraph 88, infrared or heat radiation emitted by the burner in all directions is reflected upwards by the upper area of the shielding element 6) disposed below the drip tray (Figure 9, shielding element 6 is located below the gutter 4), the diffuser including two or more angled surfaces (Figure 9 Paragraph 87, V-shaped shielding elements), wherein
two or more of the angled surfaces of the diffuser corresponding to and disposed in a nested configuration with two or more of the angled surfaces of the drip tray (Figures 6 and 9, gutter 4 and unlabeled shielding element 6 correspond to a nested configuration).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with GSCHWIND and have a diffuser positioned below the drip tray wherein the diffuser includes two or more angled surfaces. This would have been done to diffuse the heat around the drip tray while directing them toward the grid.
Hancock modified with GSCHWIND fails to teach:
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray;
THABIT (US 20170191670 A1) teaches a modified oven defined comprising a V-shaped drip bar, wherein:
the drip tray including two or more angled surfaces, each of the two or more angled surfaces being angled to direct drippings to one or more openings in a lower portion of the drip tray (Paragraphs 13 and 61, drip bar 306 is a V-shaped drip bar 302 and a small stand 304 located at a lower portion of the drip bar such as to drain excess oil from the bar or to remove other residue material);
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Hancock with THABIT and have a drip tray including two or more angled surfaces such as to direct drippings into a hole at a lower portion of the drip tray. This would have been done such as to drain excess oil or other residue material (THABIT Paragraph 13).
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 FRANKLIN JEFFERSON WANG whose telephone number is (571)272-7782. The examiner can normally be reached M-F 10AM-6PM (E.S.T).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.J.W./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
1 Since Averwater already teaching having a gap between the rear of the housing 14 and the drawer, it would be an obvious embodiment to one modifying Hancock in view of Averwater to simply leave a gap between the drawer and the rear portion of the housing for the gap to allow thermal energy through.
2 The Office further notes that positioning a removeable drawer of a drip tray positioned between two heating sources for a grill is known in the art as evidenced by NOWAK (DE 202012007425 U1).
3 Since the gaps between the baffle 177 and inner surfaces of the housing assembly 102 are taught to allow heat to transfer around it (Hancock Paragraph 43), and the baffle 177 and drip tray 179 are both shown to have gaps positioned at the front and rear of the housing assembly (Hancock Figure 2B Figure 4C), the gaps between the drip tray 179 and the housing assembly would likewise be capable of allowing at least a portion of the thermal energy to flow to the cooking structure.
4 Since Averwater already teaching having a gap between the rear of the housing 14 and the drawer, it would be the most obvious embodiment to one modifying Hancock in view of Averwater to simply leave a gap between the drawer and the rear portion of the housing for the gap to allow thermal energy through.
5 The Office further notes that positioning a removeable drawer of a drip tray positioned between two heating sources for a grill is known in the art as evidenced by NOWAK (DE 202012007425 U1).
6 Since Averwater already teaching having a gap between the rear of the housing 14 and the drawer, it would be the most obvious embodiment to one modifying Hancock in view of Averwater to simply leave a gap between the drawer and the rear portion of the housing for the gap to allow thermal energy through.