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 .
The status of the 01/21/2026 claims, is as follows: Claims 19, 26, 31-32, 42, 47, 50-51, 53, 55, 57-58, and 60-62 have been amended; Claims 64-68 have been added; Claims 1-18, 27-28, 36-39, 41, 48, and 59 have been canceled; and Claims 19-26, 29-35, 40, 42-47, 49-58, and 60-68 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
In claim 19, (similarly applying to claim 42, claim 53):
The limitation “a food container drive…configured to move the column of the food container supports” in lines 7-8
“drive” is the generic placeholder and is followed by the functional language.
In claim 19, claim 42, and claim 53:
The limitation “a cooking device” in line 2
“device” is the generic placeholder.
“cooking” is the functional language.
In claim 20, claim 43, and claim 54:
The limitation “a food collector controller” in line 2
“controller” is the generic placeholder.
“food collector” is the functional language.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation:
The limitation “a food container drive" in line 7 of claim 19 (similarly applying to claims 42 and claim 53) has been described in originally-filed specification in para. 0036 as the collector drive 57 that includes “a motor-driven pinion gear 57A in mesh with a rack gear 57B operatively connected to the frame 54 for moving the container supports 54A upward and downward. Other types of collector drivers, including scissors, screw, belt, chain, etc. drives, can be used”.
The limitation “a cooking device" in line 2 of claim 19, claim 42, and claim 53 has been described in originally-filed specification in para. 0026 as the cooking device 12. The cooking device 12 is described as an oven, in particular a broiler. It may be other types of ovens or fryers, grills etc.
The limitation “a food collector controller" in line 2 of claim 20, claim 43, and claim 54 has been described in originally-filed specification in para. 0038 as “controller 62”. The controller 62 is described as “one or more microprocessors, a non-transitory tangible storage medium 64 (e.g., including firmware and software) storing instructions executable by the controller, and a user interface comprising a user input 66 (e.g., one or more actuators, such as buttons, as on a touch screen control) and a display 68 (e.g., display of touch screen). The controller 62 is responsive to user input to store, modify, and execute instructions stored on the tangible storage medium. The instructions stored on the tangible storage medium 64 may embody one or more of the functional aspects of the food dispenser 14, the food cooking device 12, and/or the food collector 16 described herein such that executing with the controller 62 the instructions results in the one or more functional aspects being performed by the corresponding components (e.g., food dispenser, food cooking device, food collector and/or associated components). The tangible storage medium 64 can store, and the user can view, modify, and edit, via the user interface, information such as the number and location of racks in the cabinet 20 (in particular positions on the carriage), the type and number of food patties in each cartridge 34, etc.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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 68 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 pre-AIA the applicant regards as the invention.
In claim 68:
The limitation "The food collector as set forth in claim 1" in line 1 renders the claim indefinite because claim 1 has been canceled. It is unclear which claim from which claim 68 depends.
For the purpose of substantive examination, it is presumed that claim 68 depends from claim 19.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19-20, 25-26, 29-35, 40, 67-68, 42-43, 46-47, 49-52, 53-54, 57-58, and 60-63 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss’227 (US 20120067227) in view of Weiss’240 (US 20180235240), Minard (US 20200268205), and Dennis (US 20120204733)
Regarding Claim 19, Weiss’227 discloses a food collector (delivery unit 30; fig. 1) for receiving different types of food items (baked goods) from an outlet of a cooking device (oven unit 20) (para. 0030-0031), the food collector (delivery unit 30) comprising:
a rack (conveyor device 32; fig. 1) including a plurality of food container supports (carriers 34; fig. 1) (para. 0031), each of the food container supports (each carrier 34) configured to hold a food container for collecting food therein (para. 0031. It is noted each carrier 34 is capable of holding the food container), the plurality of food container supports (carriers 34) being arranged in a column, one food container support above another food container support (annotated fig. 1);
a food container drive (chain 35) operatively connected to the food container supports (carriers 34) and configured to move the column of food container supports (carriers 34) upward and downward with respect to the outlet of the cooking device (oven unit 20) to position one of the food container supports for receiving food from the outlet of the cooking device into said one of the food container supports (para. 0031); and
a housing (housing 31) having an interior, wherein the food container supports (carriers 34) and the food container drive (chain 35) are disposed within the interior (fig. 1), the housing having a front opening (annotated fig. 1) in registration with the outlet of the cooking device (oven unit 20) to permit the food items to be received from the cooking device into the interior (para. 0030; fig. 1),
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Weiss’227 does not disclose:
the column of food container supports is in an upstanding arrangement, the column of food container supports being configured to remain in the upstanding arrangement as the column of food container supports is moved upward and downward by the food container drive.
However, Weiss’240 discloses a food collector (apparatus configured to convey and deliver baked goods 13, 14 disposed downstream of the oven 47, para. 0037; figs. 1-2 and 5), wherein the column of food container supports (column of platforms 30) is in an upstanding arrangement, the column of food container supports (column of platforms 30) being configured to remain in the upstanding arrangement as the column of food container supports is moved upward and downward by the food container drive (motor 27; fig. 1) (para. 0049 and 0051. It is noted the plurality of platforms 30 are arranged in the column that are moved upward and downward indicated by arrow 26. The embodiment is relied upon is not the endless circulating platforms 30, but rather the platforms 30 are arranged in the column and are moved up and down and the platforms 30 are arranged one above another).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the rack of food container supports of Weiss’227 with the rack of food container supports of Weiss’240 (i.e. the plurality of platforms 30 are positioned one above another and are moved by the motor 27) such that it is in an upstanding arrangement, the column of food container supports being configured to remain in the upstanding arrangement as the column of food container supports is moved upward and downward by the food container drive as taught by Weiss’240, because it involves a simple substitution of one known element for another to obtain a predictable result, which is to position the food supports (i.e. platforms 30) to receive the food item from the oven.
The modification does not disclose the food container drive operatively connected to the food container supports to position one of the food container supports for receiving food from the outlet of the cooking device into the food container supported by said one of the food container support.
However, Minard discloses the food container drive (shuttle 310; figs. 22-23) operatively connected to the food container support (annotated fig. 5) to position the container support for receiving food from the outlet of the cooking device (grill 501) into the food container (tray 900) supported by said one of the food container support (para. 0041-0042).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container supports of Weiss’227 in view of Weiss’240 (i.e. modify the platforms 30 to support the food containers) such that each of the food container supports supports each of the food containers to receive the food from the oven into the respective food container supported by the respective food container support as taught by Minard, in order to facilitate the storage of the baked goods supported on the food containers to encourage cleanliness because the food containers can be removed from the rack for cleaning.
The modification does not disclose:
the housing having a side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing.
However, Deniss discloses a housing (housing 101) comprising a front opening (annotated fig. 1) and a side opening (access door; annotated fig. 1) configured to permit food to be inserted into the housing onto the food container supports (cooking plates 131’s) and lifted off of the food container supports and removed from the housing (para. 0027 and 0025).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Weiss’227 in view of Weiss’240 and Minard to include the side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing, in order to allow the food containers to be inserted and removed from the food container supports for cleaning purpose (para. 0027 and 0025 of Dennis).
The modification would result in the structure as shown:
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Regarding Claim 20, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising a food collector controller (control unit of Weiss’227/control device 50 of Weiss’240), the food collector controller operatively connected to the food container drive (motor 27 of Weiss’240) to operate the food container drive (para. 0053 of Weiss’240), the food collector controller programmed to operate the food container drive (motor 27 of Weiss’240) to move the plurality of food container supports (platforms 30 of Weiss’240) to receive food items of different types from the cooking device outlet (oven unit 20 of Weiss’227) in different food containers (trays 900 of Minard) supported by respective different ones of the food container supports (platforms 30 of Weiss’240) (“platform 30 and the associated stepper motor 32 thereof are configured to be movable in a perpendicular direction (see double arrow 26) within the shaft 35”, para. 0051 of Weiss’240).
Regarding Claim 25, Weiss’240 discloses the food container drive (motor 27) comprises a belt (belt) (para. 0046 and “As mentioned, a plurality of endlessly circulating platforms 30 or platforms 30 that are arranged one above another are also possible and also encompassed by the invention, however.”, para. 0049. It is noted the platforms are positioned one above another and the up and down movement is achieved by belt and motor 27).
Regarding Claim 26, Weiss’227 discloses the food collector (delivery unit 30), wherein the interior being sized and shaped to permit the rack to move up and down within the interior (para. 0031).
Regarding Claim 29, Weiss’227 discloses wherein the housing (housing 31) is arranged to receive heat from the cooking device (oven unit 20) to maintain the food items in a warm state (it is noted the housing 31 is open to the oven unit 20 so that it receives at least some heat from the oven unit 20 to maintain food items in the warm state).
Regarding Claim 30, Weiss’227 discloses each of the food container supports (each carrier 34) comprises a shelf sized and shaped to support the food container thereon (para. 0031. It is noted the shelf is capable of supporting the food container).
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Regarding Claim 31, Weiss’227 discloses each shelf slants downward as the shelf extends rearward away from a front end of the shelf (annotated fig. 1) (it is examiner’s position that as long as at least a portion of the shelf slants downward, it meets the claimed limitation).
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Regarding Claim 32, Weiss’227 discloses the shelf of each of the food container supports (each carrier 34) has an open side (annotated fig. 1) to permit the food container to be placed on and removed from the shelf (it is noted the carrier 34 is open and capable of allowing the food container to be placed on and removed from the carrier 34).
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Regarding Claim 33, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising the food containers (trays 900 of Minard) (para. 0042 of Minard. Based on the rejection to claim 19, this feature would be present).
Regarding Claim 34, Weiss’227 discloses the food collector (delivery unit 30) in combination with the cooking device (oven unit 20) (para. 0030).
Regarding Claim 35, the modification discloses substantially all of the claimed features as set forth above, except the food collector is supported by the cooking device.
However, Dennis discloses a food collector (belt 115 and belt 119; fig. 2) is supported by the cooking device (para. 0027; figs. 9, 1).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food collector of Weiss’227 in view of Weiss’240, Minard, and Dennis such that it is supported by the cooking device as further taught by Dennis, in order to yield compact system that stack the cooking device and the food collector vertically thereby save overall footprint.
Regarding Claim 40, the modification discloses the food container drive (motor 27 of Weiss’240) is configured to change between driving movement of the column of food container supports (platforms 30 of Weiss’240) in a first direction (upward) and a second direction (downward), opposite the first direction, to move the column of food container supports upward and downward, respectively (para. 0046 and 0049 of Weiss’240).
Regarding Claim 67, the modification discloses the food collector (delivery unit 30 of Weiss’227), wherein each of the food container supports (carrier 34 of Weiss’227) has an open side (annotated fig. 2 of Weiss’227) closest to the side opening of the housing (annotated fig. 2 of Weiss’227), the open side of the food container supports (carrier 34 of Weiss’227) configured to permit the food containers (tray 900 of Minard) to be placed on and removed from the food container supports through the open side (it is noted the open side of the carrier 34 allows for the food container to be placed on thereof and removed therefrom).
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Regarding Claim 68, the modification discloses the front opening is oriented perpendicular to the side opening (based on the rejection to claim 19, this feature would be present, see annotated fig. 2 of Weiss’227).
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Regarding Claim 42, Weiss’227 discloses a food collector (delivery unit 30; fig. 1) for receiving different types of food items (baked goods) from an outlet of a cooking device (oven unit 20) (para. 0030-0031), the food collector (delivery unit 30) comprising:
a rack (conveyor device 32; fig. 1) including a plurality of food container supports (carriers 34; fig. 1) (para. 0031), each food container support (each carrier 34) configured to hold a food container for collecting food therein (para. 0031. It is noted each carrier 34 is capable of holding the food container), the plurality of food container supports (carriers 34) being arranged in a column, one food container support above another food container support (annotated fig. 1);
a food container drive (chain 35) operatively connected to the food container supports (carriers 34) and configured to move the column of food container supports upward and downward with respect to the outlet of the cooking device (oven unit 20) to position one of the food container supports (carriers) for receiving food from the outlet of the cooking device into said one of the food container supports (para. 0031); and
a housing (housing 31) having an interior, wherein the rack (conveyor device 32) and the food container drive (chain 35) are disposed within the interior (fig. 1), the housing having a front opening (annotated fig. 1) in registration with the outlet of the cooking device (oven unit 20) to permit the food items to be received from the cooking device into the interior (para. 0030; fig. 1), the housing (housing 31) having a side opening (annotated fig. 1) configured to permit food items to be inserted into the housing onto the food container supports (carriers 34) and lifted off of the food container supports and removed from the housing (para. 0030 and 0032) (it is noted the side opening of the housing 31 allows access to the interior of the housing either to insert food items or remove food items from the housing),
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Weiss’227 does not disclose:
the plurality of food container supports are arranged to move upward in unison together when the column of food container supports is moved upward by the food container drive and downward in unison together when the column of food container supports is moved downward by the food container drive.
However, Weiss’240 discloses a food collector (apparatus configured to convey and deliver baked goods 13, 14 disposed downstream of the oven 47, para. 0037; figs. 1-2 and 5), wherein the plurality of food container supports (platforms 30) are arranged to move upward in unison together when the column of food container supports is moved upward by the food container drive (motor 27; fig. 1) (para. 0049, 0051) and downward in unison together when the column of food container supports is moved downward by the food container drive (para. 0046, 0049, 0051) (It is noted the plurality of platforms 30 are arranged that are moved upward and downward in unison indicated by arrow 26. The embodiment is relied upon is not the endless circulating platforms 30, but rather the platforms 30 are arranged in the column and are moved up and down and the platforms 30 are arranged one above another and remain that way as the platforms 30 move up and down).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the rack of plurality of food container supports of Weiss’227 with the rack of plurality of food container supports of Weiss’240 (i.e. the plurality of platforms 30 are positioned one above another and are moved up and down in unison by the motor 27) as taught by Weiss’240, because it involves a simple substitution of one known element for another to obtain a predictable result, which is to position the food supports (i.e. platforms 30 of Weiss’240) to receive the food item from the oven.
The modification does not disclose the food container drive operatively connected to the food container supports to position one of the food container supports for receiving food from the outlet of the cooking device into the food container supported by said one of the food container support.
However, Minard discloses the food container drive (shuttle 310; figs. 22-23) operatively connected to the food container support (annotated fig. 5) to position the container support for receiving food from the outlet of the cooking device (grill 501) into the food container (tray 900) supported by said one of the food container support (para. 0041-0042).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container supports of Weiss’227 in view of Weiss’240 (i.e. modify the platforms 30 to support the food containers) such that each of the food container supports supports each of the food containers to receive the food from the oven into the respective food container supported by the respective food container support as taught by Minard, in order to facilitate the storage of the baked goods supported on the food containers to encourage cleanliness because the food containers can be removed from the rack for cleaning.
The modification does not disclose:
the housing having a side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing.
However, Deniss discloses a housing (housing 101) comprising a front opening (annotated fig. 1) and a side opening (access door; annotated fig. 1) configured to permit food to be inserted into the housing onto the food container supports (cooking plates 131’s) and lifted off of the food container supports and removed from the housing (para. 0027 and 0025).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Weiss’227 in view of Weiss’240 and Minard to include the side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing, in order to allow the food containers to be inserted and removed from the food container supports for cleaning purpose (para. 0027 and 0025 of Dennis).
The modification would result in the structure as shown:
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Regarding Claim 43, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising a food collector controller (control unit of Weiss’227/control device 50 of Weiss’240), the food collector controller operatively connected to the food container drive (motor 27 of Weiss’240) to operate the food container drive (para. 0053 of Weiss’240), the food collector controller programmed to operate the food container drive (motor 27 of Weiss’240) to move the plurality of food container supports (platforms 30 of Weiss’240) to receive food items of different types from the cooking device outlet (oven unit 20 of Weiss’227) in different food containers (trays 900 of Minard) supported by respective different ones of the food container supports (platforms 30 of Weiss’240) (“platform 30 and the associated stepper motor 32 thereof are configured to be movable in a perpendicular direction (see double arrow 26) within the shaft 35”, para. 0051 of Weiss’240).
Regarding Claim 46, Weiss’240 discloses the food container drive (motor 27) comprises a belt (belt) (para. 0046 and “As mentioned, a plurality of endlessly circulating platforms 30 or platforms 30 that are arranged one above another are also possible and also encompassed by the invention, however.”, para. 0049. It is noted the platforms are positioned one above another and the up and down movement is achieved by belt and motor 27).
Regarding Claim 47, Weiss’227 discloses the food collector (delivery unit 30), wherein the interior is sized and shaped to permit the rack to move up and down within the interior (para. 0031).
Regarding Claim 49, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising the food containers (trays 900 of Minard) (para. 0042 of Minard) and in combination with the cooking device (oven unit 20) (para. 0030 of Weiss’227), the housing (housing 31) is arranged to receive heat from the cooking device (oven unit 20) to maintain the food items in a warm state (it is noted the housing 31 is open to the oven unit 20 so that it receives at least some heat from the oven unit 20 to maintain food items in the warm state).
The modification does not disclose the food collector being supported by the cooking device.
However, Dennis discloses a food collector (belt 115 and belt 119; fig. 2) is supported by the cooking device (para. 0027; figs. 9, 1).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food collector of Weiss’227 in view of Weiss’240, Minard, and Dennis such that it is supported by the cooking device as further taught by Dennis, in order to yield compact system that stacks the cooking device and the food collector vertically thereby save overall footprint.
Regarding Claim 50, Weiss’227 discloses the food collector, wherein each of the food container supports (each carrier 34) comprises a shelf (annotated fig. 1) sized and shaped to support the food container thereon (para. 0031. It is noted the shelf is capable of supporting the food container), the shelf of each of the food container supports slanting downward as the shelf extends rearward away from a front end of the shelf (annotated fig. 1) (it is examiner’s position that as long as at least a portion of the shelf slants downward, it meets the claimed limitation).
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Regarding Claim 51, Weiss’227 discloses the food collector, wherein each of the food container supports (each carrier 34) comprises a shelf sized and shaped to support the food container thereon (para. 0031. It is noted the shelf is capable of supporting the food container), the shelf of each of the food container supports (each carrier 34) has an open side (annotated fig. 1) to permit the food container to be placed on and removed from the shelf (it is noted the carrier 34 is open and capable of allowing the food container to be placed on and removed from the carrier 34).
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Regarding Claim 52, the modification discloses the food container drive (motor 27 of Weiss’227) is configured to change between driving movement of the column of food container supports (platforms 30 of Weiss’240) in a first direction (upward) and a second direction (downward), opposite the first direction, to move the column of food container supports upward and downward, respectively (para. 0046 and 0049 of Weiss’240).
Regarding Claim 53, Weiss’227 discloses a food collector (delivery unit 30; fig. 1) for receiving different types of food items (baked goods) from an outlet of a cooking device (oven unit 20) (para. 0030-0031), the food collector comprising:
a rack (conveyor device 32; fig. 1) including a plurality of food container supports (carriers 34; fig. 1) (para. 0031), each food container support (each carrier 34) configured to hold a food container for collecting food therein (para. 0031. It is noted each carrier 34 is capable of holding the food container), the plurality of food container supports (carriers 34) being arranged in a column, one food container support above another food container support (annotated fig. 1);
a food container drive (chain 35) operatively connected to the food container supports (carriers 34) and configured to move the column of food container supports upward and downward with respect to the outlet of the cooking device (oven unit 20) to position one of the food container supports (carriers 34) for receiving food from the outlet of the cooking device into said one of the food container supports (para. 0031);
a housing (housing 31) having an interior, and the rack (conveyor device 32) and the food container drive (chain 35) are disposed within the interior (fig. 1), the housing having a front opening (annotated fig. 1) in registration with the outlet of the cooking device (oven unit 20) to permit the food items to be received from the cooking device into the interior (para. 0030; fig. 1), the housing (housing 31) having a side opening (annotated fig. 1) configured to permit food items to be inserted into the housing onto the food container supports (carriers 34) and lifted off of the food container supports and removed from the housing (para. 0030 and 0032) (it is noted the side opening of the housing 31 allows access to the interior of the housing either to insert food items or remove food items from the housing),
wherein the plurality of food container supports (carriers 34) includes a first food container support and a second food container support (annotated fig. 1), the first food container support being disposed above the second food container support in the column.
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Weiss’227 does not disclose:
the first food container support and the second food container support are arranged such that the first food container support remains disposed above the second food container support when the column of food container supports is moved upward by the food container drive and when the column of food container supports is moved downward by the food container drive.
However, Weiss’240 discloses a food collector (apparatus configured to convey and deliver baked goods 13, 14 disposed downstream of the oven 47, para. 0037; figs. 1-2 and 5), the first food container support (platform 30) and the second food container support (platform 30) (annotated fig. 1) are arranged such that the first food container support remains disposed above the second food container support when the column of food container supports is moved upward by the food container drive (motor 27) and when the column of food container supports is moved downward by the food container drive (para. 0049, 0051. It is noted the plurality of platforms 30 are arranged that are moved upward and downward indicated by arrow 26. The embodiment is relied upon is not the endless circulating platforms 30, but rather the platforms 30 are arranged in the column and are moved up and down and the platforms 30 are arranged one above another and remain that way as the platforms move up and down).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the rack of plurality of food container supports of Weiss’227 with the rack of plurality of food container supports of Weiss’240 (i.e. the first container support is disposed above the second container support and remains that way as the plurality of container supports move up and down by the motor 27) as taught by Weiss’240, because it involves a simple substitution of one known element for another to obtain a predictable result, which is to position the food supports (i.e. carriers 34 of Weiss’227/platforms 30 of Weiss’240) to receive the food item from the oven.
The modification does not disclose the food container drive operatively connected to the food container supports to position one of the food container supports for receiving food from the outlet of the cooking device into the food container supported by said one of the food container support.
However, Minard discloses the food container drive (shuttle 310; figs. 22-23) operatively connected to the food container support (annotated fig. 5) to position the container support for receiving food from the outlet of the cooking device (grill 501) into the food container (tray 900) supported by said one of the food container support (para. 0041-0042).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container supports of Weiss’227 in view of Weiss’240 (i.e. modify the platforms 30 to support the food containers) such that each of the food container supports supports each of the food containers to receive the food from the oven into the respective food container supported by the respective food container support as taught by Minard, in order to facilitate the storage of the baked goods supported on the food containers to encourage cleanliness because the food containers can be removed from the rack for cleaning.
The modification does not disclose:
the housing having a side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing.
However, Deniss discloses a housing (housing 101) comprising a front opening (annotated fig. 1) and a side opening (access door; annotated fig. 1) configured to permit food to be inserted into the housing onto the food container supports (cooking plates 131’s) and lifted off of the food container supports and removed from the housing (para. 0027 and 0025).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Weiss’227 in view of Weiss’240 and Minard to include the side opening configured to permit the food containers to be inserted into the housing onto the food container supports and lifted off of the food container supports and removed from the housing, in order to allow the food containers to be inserted and removed from the food container supports for cleaning purpose (para. 0027 and 0025 of Dennis).
The modification would result in the structure as shown:
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Regarding Claim 54, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising a food collector controller (control unit of Weiss’227/control device 50 of Weiss’240), the food collector controller operatively connected to the food container drive (motor 27 of Weiss’240) to operate the food container drive (para. 0053 of Weiss’240), the food collector controller programmed to operate the food container drive (motor 27 of Weiss’240) to move the plurality of food container supports (platforms 30 of Weiss’240) to receive food items of different types from the cooking device outlet (oven unit 20 of Weiss’227) in different food containers (trays 900 of Minard) supported by respective different ones of the food container supports (platforms 30 of Weiss’240) (“platform 30 and the associated stepper motor 32 thereof are configured to be movable in a perpendicular direction (see double arrow 26) within the shaft 35”, para. 0051 of Weiss’240).
Regarding Claim 57, Weiss’240 discloses the food container drive (motor 27) comprises a belt (belt) (para. 0046 and “As mentioned, a plurality of endlessly circulating platforms 30 or platforms 30 that are arranged one above another are also possible and also encompassed by the invention, however.”, para. 0049. It is noted the platforms are positioned one above another and the up and down movement is achieved by belt and motor 27).
Regarding Claim 58, Weiss’227 discloses the food collector (delivery unit 30), wherein the interior being sized and shaped to permit the rack to move up and down within the interior (para. 0031).
Regarding Claim 60, the modification discloses the food collector (delivery unit 30 of Weiss’227) further comprising the food containers (trays 900 of Minard) (para. 0042 of Minard) and in combination with the cooking device (oven unit 20) (para. 0030 of Weiss’227), the housing (housing 31) is arranged to receive heat from the cooking device (oven unit 20) to maintain the food items in a warm state (it is noted the housing 31 is open to the oven unit 20 so that it receives at least some heat from the oven unit 20 to maintain food items in the warm state).
The modification does not disclose the food collector being supported by the cooking device.
However, Dennis discloses a food collector (belt 115 and belt 119; fig. 2) is supported by the cooking device (para. 0027; figs. 9, 1).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food collector of Weiss’227 in view of Weiss’240, Minard, and Dennis such that it is supported by the cooking device as further taught by Dennis, in order to yield compact system that stacks the cooking device and the food collector vertically thereby save overall footprint.
Regarding Claim 61, Weiss’227 discloses each of the food container supports (each carrier 34) comprises a shelf sized and shaped to support the food container thereon (para. 0031. It is noted the shelf is capable of supporting the food container), the shelf of each of the food container supports (each carrier 34) has an open side to permit the food container to be placed on and removed from the shelf (it is noted the carrier 34 is open and capable of allowing the food container to be placed on and removed from the carrier 34).
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Regarding Claim 62, Weiss’227 discloses each shelf slants downward as the shelf extends rearward away from a front end of the shelf (annotated fig. 1) (it is examiner’s position that as long as at least a portion of the shelf slants downward, it meets the claimed limitation).
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Regarding Claim 63, the modification discloses the food container drive (motor 27 of Weiss’227) is configured to change between driving movement of the column of food container supports (platforms 30 of Weiss’240) in a first direction (upward) and a second direction (downward), opposite the first direction, to move the column of food container supports upward and downward, respectively (para. 0046 and 0049 of Weiss’240).
Claims 21-24, 44-45, and 55-56 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Weiss’227 (US 20120067227), Weiss’240 (US 20180235240), Minard (US 20200268205), and Dennis (US 20120204733) as applied to claims 19, 42, and 53, further in view of Stork Genannt Wersborg (US 20180242592, hereinafter Stork)
Regarding Claim 21, the modification discloses substantially all of the claimed features as set forth above, except the food container drive comprises a pinion gear and a rack gear in mesh engagement with the pinion gear.
However, Stork discloses the food container drive (elevation apparatus 1400) comprises a pinion gear (pinion 1412) and a rack gear (rack 1411) in mesh engagement with the pinion gear (para. 0128-0129; fig. 11A).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container drive of Weiss’227 in view of Weiss’240, Minard, and Dennis (i.e. modify the motor 27 of Weiss’240) to comprise the pinion gear and the rack gear as taught by Stork, in order to lift the plurality of food container supports upward and downward using the engagement of the pinion and rack gear as known in the art.
Regarding Claim 22, the modification discloses the rack gear (rack 1411 of Stork) is attached to the rack (plurality of platforms 30 of Weiss’240) (para. 0128 of Stork. It is noted the carriers are attached to the rack gear 1411 such that the gear rack 1411 moves the plurality of carriers up and down via engagement of gear rack 1411 and pinion 1412).
Regarding Claim 23, Stork discloses the rack gear (rack 1411) extends vertically (fig. 11a).
Regarding Claim 24, the modification discloses the food container drive (motor 27 of Weiss’240) includes a motor arranged to drive movement of the pinion gear (pinion 1412) (para. 0129 of Stork).
Regarding Claim 44, the modification discloses substantially all of the claimed features as set forth above, except the food container drive comprises a pinion gear and a rack gear in mesh engagement with the pinion gear, and the food container drive includes a motor arranged to drive movement of the pinion gear.
However, Stork discloses the food container drive (elevation apparatus 1400) comprises a pinion gear (pinion 1412) and a rack gear (rack 1411) in mesh engagement with the pinion gear (para. 0128-0129; fig. 11A).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container drive of Weiss’227 in view of Weiss’240, Minard, and Dennis to comprise the pinion gear and the rack gear as taught by Stork, in order to lift the plurality of food container supports upward and downward using the engagement of the pinion and rack gear as known in the art. The modification would result in the structure in which the food container drive (motor 27 of Weiss’240) includes a motor arranged to drive movement of the pinion gear (pinion 1412) (para. 0129 of Stork).
Regarding Claim 45, the modification discloses the rack gear (rack 1411 of Stork) is attached to the rack (plurality of platforms 30 of Weiss’240) (para. 0128 of Stork. It is noted the platforms 30 are attached to the rack gear 1411 such that the gear rack 1411 moves the plurality of platforms 30 up and down via engagement of gear rack 1411 and pinion 1412), the rack gear (rack 1411 of Stork) extends vertically (fig. 11a of Stork).
Regarding Claim 55, the modification discloses substantially all of the claimed features as set forth above, except the food container drive comprises a pinion gear and a rack gear in mesh engagement with the pinion gear, and the food container drive includes a motor arranged to drive movement of the pinion gear.
However, Stork discloses the food container drive (elevation apparatus 1400) comprises a pinion gear (pinion 1412) and a rack gear (rack 1411) in mesh engagement with the pinion gear (para. 0128-0129; fig. 11A).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the food container drive of Weiss’227 in view of Weiss’240, Minard, and Dennis to comprise the pinion gear and the rack gear as taught by Stork, in order to lift the plurality of food container supports upward and downward using the engagement of the pinion and rack gear as known in the art. The modification would result in the structure in which the food container drive (motor 27 of Weiss’240) includes a motor arranged to drive movement of the pinion gear (pinion 1412) (para. 0129 of Stork).
Regarding Claim 56, the modification discloses the rack gear (rack 1411 of Stork) is attached to the rack (plurality of platforms 30 of Weiss’240) (para. 0128 of Stork. It is noted the platforms 30 are attached to the rack gear 1411 such that the gear rack 1411 moves the plurality of platforms 30 up and down via engagement of gear rack 1411 and pinion 1412), the rack gear (rack 1411 of Stork) extends vertically (fig. 11a of Stork).
Allowable Subject Matter
Claim 64 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 64 would be allowable for disclosing “further comprising the food containers, wherein at least a first food container of the food containers includes a handle, and the handle projects through the side opening of the housing while the first food container is held on one of the food container supports.”
Weiss’227 is silent that the food container has a handle, let alone the handle projects through the side opening of the housing while the first food container is held on one of the food container supports.”
There is no teaching, reasonable and/or obvious suggestion, and/or reasonable and/or obvious motivation without hindsight to modify the food container to have the handle that projects through the side opening of the housing while being on the food container support, as claimed.
Claims 65-66 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 65 would be allowable for disclosing “wherein the shelf has a fixed orientation relative to the rack.”
Weiss’227 teaches the carrier 34 (claimed shelf) tilts when reaching the slide 37 to dispense food onto the slide 37. Food is further pushed by the slider 39 to be dispensed into a funnel slide 40 upon which the food slides to the dispensing compartment 41 (para. 0032).
There is no teaching, reasonable and/or obvious suggestion, and/or reasonable and/or obvious motivation to modify the shelf of Weiss’227 to have fixed orientation without destroying the operation of Weiss’227, as required by the claim.
Response to Amendment
With respect to claim objections: since amendments made to the claims, therefore claim objections are withdrawn.
With respect to 112f notification for limitation “cooking device” and “food collector controller”, the applicant’s arguments are respectfully not persuasive because the phrases has met the 3-prong test for 112f notification as set forth above. Therefore, the 112f notification is maintained.
Response to Argument
Applicant's arguments filed on 01/21/2026 have been fully considered but are respectfully considered moot in view of new ground of rejections.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached on (571)272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/Examiner, Art Unit 3761
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3761