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 .
Priority
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 and 3 are rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329) and Li (US 2004/0188412)
With respect to the limitations of claim 1, Anthony teaches a counter-top cooking appliance (Figs 1-4, title, abstract) comprising: an electric powerhead having a heat source (heating element 82, 0057) and a fan (air movement device 84, 0058) therein; an enclosure (lid 24, 0054) for supporting the powerhead (82, 84) and creating a cooking space (interior 38, 0045) to be heated within the enclosure: a base unit (base 22, 0054) to support the enclosure; and an electric grilling plate (Fig 13, grill plate 100, heating element 122, 0085) positioned within the cooking space below the powerhead; the electric powerhead operates to provide convection heating (0058, 0073, convection) within the enclosure, the electric grilling plate operates to provide direct conductive heating (0085, 0086, any food in contact with the cooking surface 114), and the electric powerhead and electric grilling plate are configured to be capable of being operated both simultaneously and individually, one without the other (0085, the first and second heating elements 82, 122 are operable independently or in combination to apply one or more predetermined power settings to cook the food products). Anthony discloses the claimed invention except for the electric grilling plate is removable; the powerhead and the removable grilling plate comprise separate connections to a power source.
However, the electric grilling plate is removable is known in the art. Gill, for example, disclose that the hinge lid design (Figs 1, 2, hinge 38, 0049) of Anthony can be alternatively replaced with a completely removable lid (0049, embodiments where the lid 32 is separable from the housing 22, or movable between the open and closed positions in another manner are also contemplated herein. One or more fastening mechanisms (not shown) may, but need not be used to secure the lid 32 to the housing 22 when the lid 32 is in the closed position) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the counter-top cooking appliance of Anthony having a hinged powerhead and base unit with the completely removable lid of Gill for the purpose of providing a known alternative removable lid design that aids in the cleaning of the lid.
Additionally, Glucksman discloses that the hinge lid design of Anthony can be modified to allow for a completely removable lid (Figs 6, 15, 16, 0039, 0061, wedge may be slid out by the user to allow the hinge halves to disengage when the lid is to be removed for cleaning) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the counter-top cooking appliance of Anthony having a hinged powerhead and base unit with the completely removable lid of Glucksman for the purpose of providing a known alternative removable lid design that aids in the cleaning of the lid (0061).
Moreover, the powerhead and the grilling plate comprise separate connections to a power source is known in the art. Li, for example, discloses the powerhead (Figs 14A, 14B, lid 28, top heating element 150, 0085) and the base heater (wrap-around heating element 40, 0085) comprise separate connections (Fig 14B, main power cord 104, power cord 109, 0086, 0087) to a power source (outlet not shown) has the advantage of providing a known dual power supply configuration that allows each of the heating elements to be independently connected to a power source via a separate cord (0043, 0087), thereby improving the overall versatility of the device.
Examiner interprets that the removable lid design of Gill or Gluckmans allows for a removable electric grilling plate of Anthony because adapting the removable lid design allows the lid and base of Antony to be completely separated, thereby allowing for a removable electric grilling plate that is located in the base and removed from the lid.
With respect to the limitations of claim 3, Antony discloses the powerhead and removable (as disclosed by Gill or Glucksman) grilling plate are separately controlled (Figs 1, 2, control panel 90, 0061, 0085).
Claim 5 is rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329) and Li (US 2004/0188412) as applied to claim 1, further in view of Scott (US 5,036,180).
With respect to the limitations of claim 5, Anthony in view of Gill or Glucksman and Li discloses the claimed invention except for the removable electric grilling plate comprises a food grate for supporting food items and an electric heat element in direct contact with the food grate. However, Scott discloses the electric grilling plate comprises a food grate (Figs 1-4, panel 20, Col 2) for supporting food items and an electric heat element (heating element 29, Col 2) in direct contact (Col 1, Lines 55-60) with the food grate is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Anthony in view of Gill or Glucksman and Li having a removable electric grilling plate silent to the recited grate with the electric grilling plate comprises a food grate and heating element with the electric heat element in direct contact with the food grate of Scott for the purpose of providing a known grilling plate and electric heating element configuration that imparts heat directly to the grate (Col 1, Lines 55-60), thereby improving the overall heating efficiency of the grilling plate.
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329), Li (US 2004/0188412) and Scott (US 5,036,180) as applied to claims 1 and 5, further in view of Lau (US 6,262,399).
With respect to the limitations of claim 6, Anthony in view of Gill or Glucksman, Li and Scott discloses the claimed invention except for the removable electric grilling plate further comprises a detachable thermostatic temperature control. However, Lau discloses the removable electric grilling plate (Figs 1-4, 7, 8, cooking or grilling plate 2, Col 3) further comprises a detachable thermostatic temperature control (detachable heating controller 9, Col 3) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Anthony in view of Gill or Glucksman, Li and Scott having a removable electric grilling plate silent to a detachable thermostatic temperature control with the electric grilling plate further comprises a detachable thermostatic temperature control of Lau for the purpose of providing a known detachable temperature control configuration that allows the rest of the grill to be cleaned and washed without the risk of damage to the main electrical components (Col 3, Lines 17-22).
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329), Li (US 2004/0188412) and Scott (US 5,036,180) as applied to claims 1 and 5, further in view of Cha (US 6,747,250).
With respect to the limitations of claim 7, Anthony in view of Gill or Glucksman, Li and Scott discloses the claimed invention except for explicitly showing the removable grilling plate further comprises a plurality of legs to elevate the grilling plate within the cooking space. However, Cha discloses the grilling plate (Figs 1-3, cooking rack 16, Col 3) further comprises a plurality of legs (support legs 48, Col 4) to elevate the grilling plate within the cooking space is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Anthony in view of Gill or Glucksman, Li and Scott having a removable grilling plate silent to a plurality of legs with the grilling plate further comprises a plurality of legs to elevate the grilling plate within the cooking space of Cha for the purpose of providing a known leg configuration that supports the grilling plate in an elevate position (Col 4, Lines 1-5), thereby improving the overall air circulation and cooking efficiency of the device.
Claims 9, 10 and 13 are rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329), Li (US 2004/0188412) and Lau (US 6,262,399).
With respect to the limitations of claims 9, 10 and 13, Anthony teaches an electric grilling plate (Figs 1-4, title, abstract) for an appliance, the plate comprising: an upper grate (Fig 13, grill plate 100, 0085) configured for direct contact with food items; a heating element (Fig 13, heating element 122, 0085) positioned below and in contact with the upper grate (0085, heating element 122 is embedded within the grill plate 100); the grilling plate is configured to provide direct heat to food during cooking 0085, 0086, any food in contact with the cooking surface 114); the grilling plate is configured to be positioned within a convection cooking appliance (Figs 1-4, heating element 82, air movement device 84, 0057, 0058); the appliance cooks food by convection heating (0058, 0073, convection) within the enclosure (lid 24, base 22, 0054), the electric grilling plate cooks food by direct conductive heating (0085, 0086), and the convection heating of the appliance and the electric grilling plate are configured to operate both simultaneously and individually, one without the other (0085, the first and second heating elements 82, 122 are operable independently or in combination to apply one or more predetermined power settings to cook the food products)
Anthony discloses the claimed except for the electric grilling plate is removably positioned within the appliance; a power source connector attached to the heating element; and a detachable power cord having one end configured to connect to the power source connector and another end configured for connection to an AC power source; further comprising a thermostatic controller connected to the power source connector for controlling power to the heating element; and the convection heating of the appliance and the grilling plate comprises separate connections to a power source.
However, the electric grilling plate is removably positioned within the appliance is known in the art. Gill, for example, disclose that the hinge lid design (Figs 1, 2, hinge 38, 0049) of Anthony can be alternatively replaced with a completely removable lid (0049, embodiments where the lid 32 is separable from the housing 22, or movable between the open and closed positions in another manner are also contemplated herein. One or more fastening mechanisms (not shown) may, but need not be used to secure the lid 32 to the housing 22 when the lid 32 is in the closed position) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the counter-top cooking appliance of Anthony having a hinged powerhead and base unit with the completely removable lid of Gill for the purpose of providing a known alternative removable lid design that aids in the cleaning of the lid.
Additionally, Glucksman discloses that the hinge lid design of Anthony can be modified to allow for a completely removable lid (Figs 6, 15, 16, 0039, 0061, wedge may be slid out by the user to allow the hinge halves to disengage when the lid is to be removed for cleaning) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the counter-top cooking appliance of Anthony having a hinged powerhead and base unit with the completely removable lid of Glucksman for the purpose of providing a known alternative removable lid design that aids in the cleaning of the lid (0061).
Moreover, the powerhead and the grilling plate comprise separate connections to a power source is known in the art. Li, for example, discloses the powerhead (Figs 14A, 14B, lid 28, top heating element 150, 0085) and the base heater (wrap-around heating element 40, 0085) comprise separate connections (Fig 14B, main power cord 104, power cord 109, 0086, 0087) to a power source (outlet not shown) has the advantage of providing a known dual power supply configuration that allows each of the heating elements to be independently connected to a power source via a separate cord (0043, 0087), thereby improving the overall versatility of the device.
Furthmore, Lau discloses a power source connector (Figs 1, 2, connecting portion of cooking plate 2 that connects to pin 10 of thermostatic controller 9) attached to the heating element; and a detachable power cord (Figs 1-4, 7, 8, detachable heating controller 9, Col 3, having not shown power cord) having one end configured to connect to the power source connector and another end configured for connection to an AC power source (Col 4, Lines 4-15); further comprising a thermostatic controller (temperature control switch 8, Col 4) connected to the power source connector for controlling power to the heating element is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Anthony in view of Li having an electric grilling plate silent to a detachable thermostatic temperature control; a power source connector attached to the heating element; and a detachable power cord having one end configured to connect to the power source connector and another end configured for connection to an AC power source; further comprising a thermostatic controller connected to the power source connector for controlling power to the heating element of Lau for the purpose of providing a known detachable temperature control configuration that allows the rest of the grill to be cleaned and washed without the risk of damage to the main electrical components (Col 3, Lines 17-22), thereby improving the overall heating efficiency of the grilling plate.
Examiner interprets that the removable lid design of Gill or Gluckmans allows for a removable electric grilling plate positioned within the appliance of Anthony because adapting the removable lid design allows the lid and base of Antony to be completely separated, thereby allowing for a separate electric grilling plate that is located in the base and removed from the lid.
Claim 11 is rejected under 35 U.S.C. 103 as being obvious over Anthony (US 2019/0254473) in view of Gill (US 2019/0045973) or Glucksman (US 2018/0153329), Li (US 2004/0188412) and Lau (US 6,262,399) as applied to claim 9, further in view of Cha (US 6,747,250).
With respect to the limitations of claim 11, Anthony in view of Gill or Glucksman, Li and Lau discloses the claimed invention except for explicitly showing the grilling plate further comprises a plurality of legs to elevate the grilling plate within the cooking space. However, Cha discloses the grilling plate (Figs 1-3, cooking rack 16, Col 3) further comprises a plurality of legs (support legs 48, Col 4) to elevate the grilling plate within the cooking space is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cooking appliance of Anthony in view of Gill or Glucksman, Li and Lau having a grilling plate silent to a plurality of legs with the grilling plate further comprises a plurality of legs to elevate the grilling plate within the cooking space of Cha for the purpose of providing a known leg configuration that supports the grilling plate in an elevate position (Col 4, Lines 1-5), thereby improving the overall air circulation and cooking efficiency of the device.
Response to Amendments
Claims 1, 3, 5-7 and 9 have been amended.
Claims 2, 4, 8 and 12 are cancelled.
Claims 1, 3, 5-7, 9-11 and 13 are pending.
Response to Arguments
Applicant’s arguments filed on 7/3/2024 with respect to claims 1, 3, 5-7, 9-11 and 13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached on 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 7/31/2024