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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/18/2025 has been entered.
Response to Amendment / Status of the Claims
Applicant is thanked for their 9/18/2025 response to the Office Action dated 5/19/25. The amendment has been entered and, accordingly:
Claims 1, 8-10, 14-15, and 17 are amended.
Claims 1-20 are pending.
Applicant's amendments to the claims have overcome the previously set forth claim interpretations and 112(a) rejection, so those interpretations and rejection have been withdrawn accordingly.
Examiner respectfully notes that the Applicant’s 09/18/2025 response doesn’t provide any additional information in terms where support is located in the Applicant’s disclosure (i.e. in the Drawings and/or Specification) per the present amendments to the 02/14/2025 set of claims. This makes it difficult to reasonably determine if any of the amendments contain new matter, which would trigger a rejection under 35 USC 112(a).
In the next reply, the Examiner respectfully encourages the Applicant to view the 09/18/2025 and 02/14/2025 amendments, and point to specific portions of the Specification and Drawings that are reflective of any newly recited subject matter in the most recent set of claims following the earliest filed set of claims on 09/13/2021, so that the written prosecution record is clear. Doing this would be particularly helpful in terms of matching the Applicant’s disclosed invention to what is intended to be claimed by the Applicant, and clearly determining if the claims distinguish from the prior art.
Response to Remarks
Applicant' s remarks with respect to claims 1-14 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.
Claim 15 now requires “wherein each cover panel has at least a first one of its edges rotatably connected at a first edge to another one of the plurality of cover panels”. Therefore, claim 15 now has a new scope that requires further search and/or consideration. At least independent claim 15 is rejected under 35 U.S.C. 103 over Donoho et al. (US 20090174212 A1, hereafter Donoho), in view of Streett et al. (US 10022016 B1, hereafter Streett), and Collins et al. (US 20200100622 A1, hereafter Collins). Donoho, Streett, and Collins are previously cited references applied to the rejection to claim 15 (and dependent claims therefrom), which comprises a new grounds of rejection as necessitated by Applicant' s amendments.
Specification & Drawings
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter (See 37 CFR 1.75(d)(1) and MPEP § 608.01(o)) and the drawings are objected to for the same or substantially the same reasons. Correction of the following is required:
The claims have been significantly amended (since the earliest claim set of 09/13/2021) to recite claim terminology that has no explicit support in the written portion of the specification. Appropriate sections of the specification should be amended to recite this claim terminology with element numbers if appropriate (note that the Drawings should be amended accordingly).
Such an amendment as suggested to the Specification & Drawings is necessary in this instance since many limitations throughout the claims are directed to a grill cover and how it folds and unfolds. Antecedent basis between newly claimed subject matter and the Specification & Drawings would more clearly tie the disclosed invention to the invention as claimed.
Features that should recited in the Specification and/or illustrated in the Drawings (with element numbers) are:
The claimed “cover panels.” It’s noted that the written portion of the Specification appears to mention “parts,” but not cover panels.
“Unfolded position” (e.g. third to last line of claim 15). It’s noted that the spec. points to 162 as the “folded closed position” of grill cover 148, and points to Figures 3-5. See originally filed Specification pages 7-27.
Identifying the unfolded position will be particularly helpful in understanding where support is, for amended claim 17.
Any instances of a claimed “edge” or “edges” as they’re recited throughout the claim and related to the vehicle tailgate BBQ grill cover and its transition between the folded and unfolded positions.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 15 and 17 are objected to because of the following informalities:
Regarding Claim 15, line 3, “proximal end rotatably connect to a” should be “proximal end rotatably connected to a” (emphasis added).
Regarding Claim 15, lines 14-16, the phrase “wherein each cover panel has at least a first one of its edges rotatably connected to another one of the plurality of cover panels” lacks the precision and formality required for patent claims because it does clearly connect the edge of each cover panel to an edge of another one of the plurality of cover panels. Examiner recommends replacing “wherein each cover panel has at least a first one of its edges rotatably connected to another one of the plurality of cover panels” with “wherein a first edge of each cover panel is rotatably connected to an edge of another one of the plurality of cover panels” to obviate the objection.
Regarding Claim 17, lines 1-3, the phrase “wherein at least two of the plurality of cover panels in the unfolded position has a second one of its edges detachably connected to another one of the plurality of cover panels” lacks the precision and formality required for patent claims because it there is some ambiguity between the edges and the plurality of cover panels. Stated differently, does an edge of each cover panel need to be detachably connected or does each Examiner recommends replacing “wherein at least two of the plurality of cover panels in the unfolded position has a second one of its edges detachably connected to another one of the plurality of cover panels” with “wherein, in the unfolded position, a second edge of at least two of the plurality of cover panels is detachably connected to another edge of one of the plurality of cover panels” to obviate the objection.
Appropriate correction is required.
Claim Interpretation
Examiner notes the “moving the vehicle tailgate BBQ grill cover between an open position and a closed position in both the folded and unfolded positions” limitation of claim 1 is considered to mean the vehicle tailgate BBQ grill cover can be moved between the following positions: 1) an open position with the plurality of panels folded, as shown in Fig. 10, 2) an open position with the plurality of panels unfolded, as shown in Fig. 8, 3) a closed position with the plurality of panels folded, as shown in Fig. 11, and 4) a closed position with the plurality of panels unfolded, as shown in Fig. 3.
With that being said, the examiner does acknowledge that page 11 of the Applicant’s originally filed Specification describes Figures 3-5 and designates “162” as “The grill cover 148 may have a folded closed position 162.” It’s noted that a person of ordinary skill in the art could reasonably consider the configuration of grill cover 148, shown in Figures 3-5, as in an unfolded position (as compared to what’s shown in Fig. 11 which could be considered a folded position). The Applicant calling 162 a “folded closed position 162” may come down to semantics.
Examiner notes the amendment that replaces “cooking unit” with “BBQ grill” in claim 15, line 8 is considered to be an extraneous or redundant limitation because a ‘BBQ grill’ is already implied in the previously recited “vehicle tailgate BBQ grill” (line 6). In addition, replacing “cooking unit” with “BBQ grill” creates confusion because the “vehicle tailgate BBQ grill”, but not the “BBQ grill”, appears to comprise structures that one of ordinary skill in the art would consider part of a typical grill, such as a grate in line 9. In light of claim 8, which discloses the BBQ grill comprises a grease tray, a grate, and a vehicle tailgate BBQ grill cover, it’s the Examiner’s position that the grate is part of both the “vehicle tailgate BBQ grill” and the “BBQ grill”, rather than a separate structure from the “BBQ grill”. Therefore, prior art does not need to disclose a BBQ grill with a grate and an additional grate that is not a component of the BBQ grill in order to read on claim 15.
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 is rejected under 35 U.S.C. 103 as being unpatentable over Streett et al. (US 10022016 B1, hereafter Streett) in view of Jackovitch (US 8353280 B2).
Regarding Claim 1, Streett teaches a vehicle tailgate BBQ grill system (col. 2, lines 23-25, “modular barbecue system for vehicle tailgates”), comprising:
a tailgate (tailgate 110, Fig. 2) configured to hold a BBQ grill (grill 210 and lid 120, Fig. 4) of the vehicle tailgate BBQ grill system, wherein the tailgate is configured to attach to a vehicle bed and comprises a front end opposing a back end and a first end opposing a second end (See Fig. A below in which the claimed sides are labeled using a Figure from Streett);
a grease tray (the grease tray is defined by grill tray or grill base 420, Fig. 4) integrated into the tailgate configured to collect grease (col. 4, lines 58-64, it is clear that the grill tray or grill base 420 would collect grease when the tailgate is lowered down as shown in Figure 4. As described in this section of the specification, when the tailgate is brought up or rotated 90 degrees, grease that has collected into 420 would start to collect into grease tray 430. In other words, grill tray or grill base 420 sits below and holds grill grate 340, among other things like the flame elements 410. Therefore, by holding things, it operates like a “tray.” Food, while being cooked, would drip grease through the grill grate 340 and into the grill tray or grill base 420, and ultimately to grease tray 430. Thus, grill tray or grill base 420 may be considered a “grease tray,” as claimed.);
a grate (grill grate 340, Fig. 4), wherein the grate is supported by the grease tray (col. 5, lines 23-26, “In some embodiments, one or more U-shaped clip elements 450 … may be positioned around the perimeter of the grill base 420 to support and retain the grill grate 340”; the grate is configured to drop grease and debris into the grease tray (grill grate 340, grill tray or base 420; Fig 3 and 4., grease and other debris from food being cooked on top of grill grate 340 will fall through the openings in grill grate 340, past the heat spreaders 400, past the flame elements 410, and collect in the grill tray or base 420 beneath);
a plurality of heat spreaders (heat spreader 400, col. 4, lines 40-44, “Although a single integral heat spreader 400 is illustrated in FIG. 4, a plurality of separate heat spreaders 400 may be included”;
at least one flame element (flame element 410, Fig 4);
at least one storage compartment (storage tray 230, Fig 4), the storage compartment configured to (i.e. capable of) hold a fuel container (col.3, lines 43-45, "storage tray 230 for storing food, tools, cleaning equipment, or other items," of which other items includes a fuel container), wherein the fuel container is operably connected to a plurality of flame elements configured to heat the grate (col. 4, lines 52-57, “The flame elements 410 provide flames using fuel from the fuel source [i.e. fuel container] via the valve assembly 350…The flames heat the heat spreader(s) 400, which in turn radiate heat to the grill grate 340 and any food thereon” and col. 4, lines 23-29, “a fuel container integrated with the truck, or a fuel container located in the cargo area 115 or elsewhere in the truck 100 may be connected to the valve assembly 350 with a suitable plumbing connector.” The fuel container may be located in the storage tray 230 adjacent to the valve assembly 250, so the plumbing connector can easily connect the fuel container to valve assembly 350 over the top of the tailgate 110 (Fig. 4));
at least one control knob (control element 310, Fig. 4 and col. 4, lines 8-10, “control elements 310, such as knobs”; igniter switch 320, Fig. 4) operably connected to the fuel container and the at least one flame element (col. 4, lines 52-55, "The flame elements 410 provide flames using fuel from the fuel source [i.e., fuel container] via the valve assembly 350. The flames may be ignited using the igniter switch 320, and regulated using the control elements 310");
and a vehicle tailgate BBQ grill cover (middle instance of lid 120, Fig. 4) wherein the BBQ grill is adjacent the grate (grill 210 + lid 120, Fig. 4 and grill grate 340, Fig. 4).
However, Streett does not teach a vehicle tailgate BBQ grill cover comprising a plurality of cover panels with at least one edge rotatably connected to an adjoining one of the plurality of cover panels to move the plurality of cover panels between a folded position and an unfolded position, wherein at least one of the plurality of cover panels is rotatably connected to the BBQ grill adjacent the grate for moving the vehicle tailgate BBQ grill cover between an open position and a closed position in both the folded and unfolded positions.
Jackovitch teaches a grill (Abstract) similar to the present invention and Jackovitch further discloses it is known for a vehicle tailgate BBQ grill cover (grill lid, Abstract) to comprise a plurality of cover panels (cover panels, annotated Fig. C and Col. 5, line 62 – Col. 6, line 3) with at least one edge (edge of second grill door 80 identified by ‘rear portion’ label, Fig. 2B) rotatably connected (hinges 90, Fig. 2B) to an adjoining one of the plurality of cover panels (rear panel, annotated Fig. C) to move the plurality of cover panels between a folded position (Fig. 2A) and an unfolded position (Fig. 2B), wherein at least one of the plurality of cover panels (rear panel, annotated Fig. C) is rotatably connected (hinges 64, Fig. 2A) to a BBQ grill (grill base 63, Fig. 2B) adjacent the grate (grate, annotated Fig. C) for moving the vehicle tailgate BBQ grill cover between an open position (Fig. 2B) and a closed position (Fig. 2A) in both the folded (Fig. 2A, which shows the grill lid is in a closed position while the cover panels are in a folded position. Examiner notes second grill door 80 can be opened such that the grill lid is in a closed position while the cover panels are in an unfolded position) and unfolded positions (Fig. 2B, which shows the grill lid in an open position while the cover panels are in an unfolded position. Examiner notes second grill door 80 can be closed such that the grill lid is in an open position while the cover panels are in a folded position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill cover of Streett with the same as disclosed by Jackovitch in order to 1) create a flue and 2) hingeably connect the vehicle tailgate BBQ grill cover to the BBQ grill and thereby 1) direct smoke away from the user (As suggested by Col. 6, lines 19-25 of Jackovitch) for increased user convenience and 2) allow the BBQ grill to be removed and operated outside the tailgate for increased versatility and/or ease of maintenance while still minimizing contaminants during cooking.
Furthermore, it would have been an obvious matter of design choice to rotatably connect a cover panel to the BBQ grill, since it has been held that the configuration of the claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. MPEP 2144.04 VI-C. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation (i.e. rotatably connected to the BBQ grill, rotatably connected to the tailgate). One could have expected the cover panel to perform substantially equally well, whether at "the tailgate" or in its original position. Doing so would advantageously allow the BBQ grill to be removed and operated outside the tailgate for increase versatility and/or ease of maintenance while still minimizing contaminants during cooking.
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[AltContent: arrow][AltContent: textbox (First end)][AltContent: arrow][AltContent: textbox (Second end (not pictured))][AltContent: arrow][AltContent: textbox (Front end)][AltContent: textbox (Back end (underneath, not pictured))][AltContent: arrow]
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Figure A: Adapted from Figure 1 of Streett to show location of terms from instant claim 1
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[AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: textbox (Hinges)][AltContent: arrow][AltContent: textbox (Surface of tailgate 110)]
Figure B: Adapted from Figure 9 of Streett to show hinges connecting lid 120 to tailgate 110
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Figure C: Adapted from Figure 2B of Jackovitch to show cover panels (shaded)
Claims 2-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Streett et al. (US 10022016 B1, hereafter Streett) in view of Jackovitch (US 8353280 B2) and further in view of Donoho et al. (US 20090174212 A1, hereafter Donoho).
Regarding Claim 2, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 1.
However, Streett, as modified above, does not teach at least one of the plurality of cover panels has opposing edges rotatably connected to separate ones of the plurality of cover panels.
Donoho teaches a vehicle tailgate grill (Fig. 4 and Abstract) similar to the present invention and Donoho further teaches a vehicle tailgate cover (cover 109 and side supports 112, Fig. 4) comprising a plurality of cover panels (cover 109 and two instances of side supports 112, Fig. 4) wherein at least one (cover 109, Fig. 4) of the plurality of cover panels (cover 109 and two instances of side supports 112, Fig. 4) has opposing edges rotatably connected to separate ones of the plurality of cover panels (Fig. 4 and Par. 0016, lines 1-6, “The side supports 112 are configured to fold onto the cooking unit 102 when not in use. In one embodiment, the side supports may be hingedly connected to the cover 109, whereby the side supports 112 will first fold horizontally to mate with the cover 109 and then fold down vertically and be concealed under the cover 109.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill cover of Streett with the same of Donoho in order to hold the cover in an upright position, form a protective barrier between the BBQ grill and the exterior surroundings, as suggested by Par. 0015, lines 1-13 of Donoho, and thereby prevent contaminants from reaching food being prepared on the BBQ grill, prevent users from accidentally touching the hot BBQ grill, and help contain splattering grease which may damage the vehicle, as suggested by Fig. 4 and Par. 0015, lines 1-13 of Donoho, “Side supports 112 are provided on the ends of the device 100 which, when opened, fit into slots 113 and may be also fastened to the cover 109, thereby reciprocally holding the cover 109 in the upright position. The cover 109 and the side supports 112 thereby form a protective barrier between the cooking unit 102 and the exterior surroundings. This prevents outside contaminants from reaching food being prepared on the cooking unit 102 and prevents nearby patrons or guests from accidentally touching the hot cooking unit 102. The cover 109 and side supports 112 also help to contain any splattering grease which may damage the other painted surfaces of the vehicle 106.”)
Regarding Claim 3, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 1.
However, Streett, as modified above, does not teach a pair of opposing ones of the plurality of cover panels fold inward toward each other to collapse a portion of the vehicle tailgate BBQ grill cover when moved to the folded position
Donoho teaches a vehicle tailgate grill (Fig. 4 and Abstract) similar to the present invention and Donoho further teaches a vehicle tailgate cover (cover 109 and side supports 112, Fig. 4) comprising a plurality of cover panels (cover 109 and two instances of side supports 112, Fig. 4) wherein a pair of opposing ones (two instances of side supports 112, Fig. 4) of the plurality of cover panels (cover 109 and two instances of side supports 112, Fig. 4) fold inward toward each other to collapse a portion of the vehicle tailgate BBQ grill cover when moved to the folded position (Fig. 4 and Par. 0016, lines 1-6, “In one embodiment, the side supports may be hingedly connected to the cover 109, whereby the side supports 112 will first fold horizontally to mate with the cover 109 and then fold down vertically and be concealed under the cover 109.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill cover of Streett with the same of Donoho in order to fold the cover panels and thereby approximate the appearance of the tailgate (As suggested by the Abstract of Donoho, “When in the stowed position, the device approximates the appearance of the original vehicle tailgate”) in order to support a wider variety of user preferences, increase the versatility of the tailgate by allowing it to support large objects when the vehicle tailgate BBQ grill is not in use, and/or decrease the risk of someone becoming injured by the vehicle tailgate BBQ grill while getting into and out of the vehicle bed.
Regarding Claim 5, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 1.
wherein the at least one storage compartment (From Streett: storage tray 230, Fig 4) is countersunk from a top surface of the front end of the tailgate (From Streett: see Fig. A above for location of front end of tailgate in Streett).
Regarding Claim 6, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 1.
However, Streett, as modified above, fails to teach a lift assist configured to aid in opening and closing the tailgate, wherein the lift assist comprises a first latch on the first end of the tailgate and a second latch on the second end of the tailgate and a handle on the back end of the tailgate, wherein the handle is configured to release the latches when pulled away from the back end of the tailgate.
Donoho teaches a vehicle tailgate grill (Fig. 4 and Abstract) similar to the present invention and Donoho further teaches it is known to have a lift assist (handle 110 and latches 108, Figs. 1-3) configured to aid in opening and closing the tailgate (Par. 0013, “handle 110 is provided which, when pulled by the user, disengages the latches 108 and allows the device 100 to be moved to the open or horizontal position in the same way the original factory tailgate operates.”), wherein the lift assist comprises a first latch (latch 108, Fig. 2) on the first end of the tailgate (left side of tailgate body 104, Fig. 2) and a second latch (latch 108, Fig. 1) on the second end of the tailgate (right side of tailgate body 104, Fig. 1) and a handle (handle 110, Fig. 3) on the back end of the tailgate, wherein the handle is configured to release the latches when pulled away from the back end of the tailgate (Figs. 2 and 3 & Par. 0013, “handle 110 is provided which, when pulled by the user, disengages the latches 108 and allows the device 100 to be moved to the open or horizontal position in the same way the original factory tailgate operates.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill system of Streett, as modified above, to include the life assist as taught by Donoho in order to aid in opening and closing the tailgate and therefore allow users with a wider range of abilities to open and close the vehicle tailgate BBQ grill system.
Regarding Claim 7, Streett, as modified above, teaches the grease tray (From Streett: grill tray or grill base 420, Fig. 4) and grate (From Streett: grill grate 340, Fig. 4) are removable (From Streett: grill tray or grill base 420, grill grate 340, and grill 210 in Fig. 4; col. 3, lines 57-60, “modules 200 may be removable;” and col. 4, lines 8-10, “the module 200 with the grill 210” in which the grill tray or grill base 420 and grill grate 340 are shown as components of grill 210 in Fig. 4 and the referenced sections of the specification state the modules 200 are removeable and grill 210 is a module 200).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Streett et al. (US 10022016 B1, hereafter Streett) in view of Jackovitch (US 8353280 B2) and further in view of Maruzzo et al. (US 20090101256 A1, hereafter Maruzzo).
Regarding Claim 4, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 1.
However, Streett, as modified above, fails to teach the grill cover further comprises a dust cover.
Maruzzo teaches a solution to the problem of protecting a barbecue from the elements similar to the problem of preventing dust and debris from entering the BBQ grill in the present invention. Maruzzo further teaches it is known to have a dust cover (barbecue cover 14, Fig. 9 and 10 in which barbecue cover 14 comes out of a container 12 placed on top of the portion of the exemplary barbecue cover equivalent to the vehicle tailgate BBQ grill cover, as supported by Par 0072: “the barbecue B is merely an exemplary barbecue representative of barbecues in association with which embodiments of aspects of the present invention may be used. Such a barbecue may be any barbecue on which the base 16 of the container 12 of an embodiment of the present invention may be stably placed and whose shape can be accommodated by the barbecue cover 14. As such, the top of the barbecue need not be perfectly flat, and may have some curvature”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have modified the lid of the modular barbecue system for vehicle tailgates of Streett to be modified to include an additional cover assembly as taught by Maruzzo in order to provide better protection of the vehicle tailgate BBQ grill system from dust, debris, and similar unwanted contaminants (From Maruzzo, Par 0053, “the barbecue cover 14 would typically be deployed to cover the notional barbecue 14 and protect it from the elements”). In other words, placing an additional dust cover over the closed BBQ grill cover would provide an extra layer of protection to the BBQ grill from external elements, including rain, snow, dirt, dust, pollen, etc.
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Streett et al. (US 10022016 B1, hereafter Streett) in view of Jackovitch (US 8353280 B2) and Maruzzo et al. (US 20090101256 A1, hereafter Maruzzo).
Regarding Claim 8, Streett teaches a vehicle tailgate BBQ grill system (col. 2, lines 23-25, “modular barbecue system for vehicle tailgates”), comprising:
A tailgate (tailgate 210, Fig. 2) configured to hold the vehicle tailgate BBQ grill system, wherein the tailgate has a front end opposing a back end and a top portion opposing a bottom portion, wherein the bottom portion is configured to be attached to a vehicle (See Fig. D below in which the claimed sides are labeled using a Figure from Streett);
a BBQ grill (grill 210 and lid 120, Fig. 4) disposed within the front end of the tailgate, the BBQ grill comprising:
a grease tray (the grease tray is defined by grill tray or grill base 420, Fig. 4) operably integrated into the tailgate;
a grate (grill grate 340, Fig. 4) operably supported by the grease tray, wherein the grate is configured to drop grease and debris into the grease tray (col. 5, lines 23-26, “In some embodiments, one or more U-shaped clip elements 450 … may be positioned around the perimeter of the grill base 420 to support and retain the grill grate 340”; the grate is configured to drop grease and debris into the grease tray (grill grate 340, grill tray or base 420; Fig 3 and 4., grease and other debris from food being cooked on top of grill grate 340 will fall through the openings in grill grate 340, past the heat spreaders 400, past the flame elements 410, and collect in the grill tray or base 420 beneath);
a vehicle tailgate BBQ grill cover (lid 120, Fig. 4) with a closed position configured to cover the grate (lid 120, Fig. 1. Note grill grate 340 is not visible) and an open position configured to reveal the grate (lid 120 and grill grate 340, Fig. 4), wherein the BBQ grill is adjacent the grate (grill 210 + lid 120 and grill grate 340, Fig. 4);
a heat shield (heat spreader 400, Fig.4) configured to protect the back end of the tailgate from the BBQ grill (heat spreader 400, Fig.4 in which heat spreader 400 is positioned above the back end of tailgate 110 and Fig. D below for location of the back end of tailgate 110 in Streett);
a first storage compartment (storage tray 230 closest to valve assembly 350, Fig. 4) on a first side of the grate;
at least one control knob (control element 310, Fig. 4 and col. 4, lines 8-10, “control elements 310, such as knobs;” igniter switch 320, Fig. 4) operably connected to a fuel source and at least one fuel element, wherein the fuel source powers the at least one flame element (col. 4, lines 52-55, "The flame elements 410 provide flames using fuel from the fuel source [i.e., fuel container] via the valve assembly 350. The flames may be ignited using the igniter switch 320, and regulated using the control elements 310"), wherein the at least one control knob is covered when the tailgate is in a closed position (lid 120, latch 130, tailgate 110, vehicle 100, control element 310, Fig. 1 and 4 – Fig. 4 shows control elements 310 underneath lid 120 and Fig. 1 shows that control elements 310 are not visible when lid 120 is closed. When latch 130 are used to attach lid 120 to the tailgate 110, control elements 310 will be covered by lid 120 when the tailgate 110 is moved to a closed position in which the sides of the tailgate 110 are flush with the sides of the vehicle 100).
However, Streett fails to teach a vehicle tailgate BBQ grill cover comprising a plurality of cover panels having at least one edge rotatably connected to an edge of an adjoining one of the plurality of cover panels to achieve a folded position and an unfolded position, wherein the vehicle tailgate BBQ grill cover hasin the folded and unfolded positions and an open position configured to reveal the grate in the folded and unfolded positions;
and a dust cover configured to prevent debris from entering the BBQ grill when the vehicle tailgate BBQ grill cover is in the folded position.
Jackovitch teaches a grill (Abstract) similar to the present invention and Jackovitch further discloses it is known for a vehicle tailgate BBQ grill cover (grill lid, Abstract) to comprise a plurality of cover panels (cover panels, annotated Fig. C and Col. 5, line 62 – Col. 6, line 3) having at least one edge (edge of second grill door 80 identified by ‘rear portion’ label, Fig. 2B) rotatably connected (hinges 90, Fig. 2B) to an edge of an adjoining one of the plurality of cover panels (rear panel, annotated Fig. C) to achieve a folded position (Fig. 2A) and an unfolded position (Fig. 2B), wherein the vehicle tailgate BBQ grill cover has a closed position (Fig. 2A) configured to cover the grate in the folded (Fig. 2A, which shows the grill lid is in a closed position while the cover panels are in a folded position) and unfolded positions (Fig. 2A. Examiner notes second grill door 80 can be opened such that the grill lid is in a closed position while the cover panels are in an unfolded position) and an open position (Fig. 2B) configured to reveal the grate in the folded (Fig. 2B. Examiner notes second grill door 80 can be closed such that the grill lid is in an open position while the cover panels are in a folded position) and unfolded positions (Fig. 2B, which shows the grill lid in an open position while the cover panels are in an unfolded position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill cover of Streett with the same as disclosed by Jackovitch in order to 1) create a flue and 2) hingeably connect the vehicle tailgate BBQ grill cover to the BBQ grill and thereby 1) direct smoke away from the user (As suggested by Col. 6, lines 19-25 of Jackovitch) for increased user convenience and 2) allow the BBQ grill to be removed and operated outside the tailgate for increased versatility and/or ease of maintenance while still minimizing contaminants during cooking.
However, Streett, as modified above, fails to teach a dust cover configured to prevent debris from entering the BBQ grill when the vehicle tailgate BBQ grill cover is in the folded position.
Maruzzo teaches a solution to the problem of protecting a barbecue from the elements similar to the problem of preventing dust and debris from entering the BBQ grill in the present invention. Maruzzo further it is known to have a dust cover (barbecue cover 14, Fig. 9 and 10 in which barbecue cover 14 comes out of a container 12 placed on top of the portion of the exemplary barbecue cover equivalent to the vehicle tailgate BBQ grill cover, as supported by Par 0072: “the barbecue B is merely an exemplary barbecue representative of barbecues in association with which embodiments of aspects of the present invention may be used. Such a barbecue may be any barbecue on which the base 16 of the container 12 of an embodiment of the present invention may be stably placed and whose shape can be accommodated by the barbecue cover 14. As such, the top of the barbecue need not be perfectly flat, and may have some curvature”) configured to prevent debris from entering a barbecue (barbecue B, Fig. 3) when the vehicle tailgate BBQ grill cover (lid covering central cooking portion C, Fig. 3) is in the folded position (Par 0053, “the barbecue cover 14 would typically be deployed to cover the notional barbecue 14 and protect it from the elements,” which will be easiest to do when the lid covering central cooking portion C is in a folded position, i.e., the lid is laid over the base of the barbecue).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have modified the vehicle tailgate BBQ grill system of Streett by including an additional cover assembly as taught by Maruzzo in order to provide better protection of the grill 210, lid 120, and control elements 340 from dust, debris, and similar unwanted contaminants (From Maruzzo, Par 0053, “the barbecue cover 14 would typically be deployed to cover the notional barbecue 14 and protect it from the elements”). In other words, placing an additional dust cover over the closed BBQ grill cover would provide an extra layer of protection to the BBQ grill from external elements, including rain, snow, dirt, dust, pollen, etc.
It’s understood that modified Maruzzo would result in the dust cover configured to prevent debris and dust from entering the BBQ grill when the grill cover is in the folded position as claimed.
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[AltContent: arrow][AltContent: textbox (Front end)][AltContent: textbox (Top portion
(underneath, not pictured))][AltContent: arrow][AltContent: textbox (Bottom portion (behind, not pictured))][AltContent: arrow][AltContent: textbox (Distal end )][AltContent: arrow]Figure D: Adapted from Figure 1 of Streett to show location of terms from instant claim 8
Regarding Claim 9, Streett, as modified above, teaches the vehicle tailgate BBQ grill system (col. 2, lines 23-25, “modular barbecue system for vehicle tailgates”), wherein the dust cover has a first portion configured to cover the BBQ grill and a second portion configured to cover the at least one control knob (as set forth in the rejection to claim 8, above – a dust over, the same or substantially the same as the one taught by Maruzzo, is incorporated into Streett’s BBQ grill system. One of ordinary skill in the art would recognize that such a dust cover is shaped, sized, and large enough to cover the BBQ grill and the at least one control knob of Streett. The examiner’s annotated Figure E below, shows a non-limiting example of how this could occur).
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[AltContent: textbox (First portion of barbecue cover 14 taught by Maruzzo)][AltContent: textbox (Second portion of barbecue cover 14 taught by Maruzzo)][AltContent: textbox (Barbecue cover 14 taught by Maruzzo)][AltContent: arrow]
Figure E: Adapted from Figure 3 of Streett to show location of terms from instant claim 9. First portion of dust cover taught by Maruzzo covers the grill 210 and lid 120 taught by Streett and Second portion of dust cover taught by Maruzzo covers the control elements 340 of Streett taught by Streett. Although Figure 3 shows the lids 120 as open, the first and second portions of barbecue cover 14 still apply when the lids 120 are closed.
Regarding Claim 10, Streett, as modified above, teaches the BBQ grill (From Streett: grill 210 and lid 120in Fig. 4) is removeable (From Streett: col. 3, lines 6-14, “Each module may include one or more functional units, such as a grill... Each of the modules may be removable or replaceable with the same or another type of module”).
Regarding Claim 11, Streett, as modified above, teaches at least one storage compartment (From Streett: storage tray 230, Fig. 4) is a drawer and wherein the drawer is configured to open from the top portion of the tailgate (From Applicant’s specification: page 15, lines 21-23, “storage drawers that slide out of the top of the tailgate 104 when the tailgate is in the open position.” From Streett: storage tray 230 in Fig. 4 slides out of the top of the tailgate 110 when the tailgate is in the open position).
Regarding Claim 12, Streett, as modified above, teaches the heat shield is a heat blanket (From Streett: col. 4, lines 65-67, “In some embodiments, a coating, jacket, or other layer of insulation 440 may be positioned around the sides and bottom or other outer surfaces of the grill base 420.” Examiner notes a heat blanket is a type of insulation layer and is therefore taught by Streett).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Streett et al. (US 10022016 B1, hereafter Streett) in view of Jackovitch (US 8353280 B2) and Maruzzo et al. (US 20090101256 A1, hereafter Maruzzo) in further view of Donoho et al. (US 20090174212 A1, hereafter Donoho).
Regarding Claim 13, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 9.
However, Streett, as modified above, fails to teach a lift assist comprising at least a first latch on a first end of the tailgate and a second latch on the opposing end of the tailgate configured to release the latches when pulled away from the vehicle bed when pulled.
Donoho teaches a vehicle tailgate grill (Fig. 4 and Abstract) similar to the present invention and Donoho further teaches it is known to have a lift assist (handle 110 and latches 108, Figs. 1-3) comprising at least a first latch (latch 108, Fig. 2) on a first end of the tailgate (left side of tailgate body 104, Fig. 2) and a second latch (latch 108, Fig. 1) on the opposing end of the tailgate (right side of tailgate body 104, Fig. 1) configured to release the latches when pulled away from a vehicle bed (Fig. F) when pulled (Figs. 2 and 3 & Par. 0013, “handle 110 is provided which, when pulled by the user, disengages the latches 108 and allows the device 100 to be moved to the open or horizontal position in the same way the original factory tailgate operates.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill system of Streett, as modified above, to include the life assist as taught by Donoho in order to aid in opening and closing the tailgate and therefore allow users with a wider range of abilities to open and close the vehicle tailgate BBQ grill system.
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[AltContent: textbox (Vehicle bed)][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
Figure F: Adapted from Figure 3 of Donoho to show location of terms from instant claim 13.
Regarding Claim 14, Streett, as modified above, teaches the vehicle tailgate BBQ grill system of claim 8, wherein the BBQ grill (From Streett: grill 210 and lid 120, Fig. 4) has an enclosed position within the tailgate (From Streett: tailgate 210, Fig. 2) wherein the vehicle tailgate BBQ grill cover (From Jackovitch: grill lid, Abstract) has a back cover (From Jackovitch: portion of second grill door 80 and rest of the cover panels that is visible in Fig. 2A)
However, Streett, as modified above, does not teach a back surface of the vehicle tailgate BBQ grill cover is flush with the tailgate.
Donoho teaches a vehicle tailgate grill (Fig. 4 and Abstract) similar to the present invention and Donoho further teaches it is known for a back surface of the vehicle tailgate BBQ grill cover (back surface of cover 109, Fig. 4) to be flush with the tailgate (Par. 0004, “said cooking unit cover is hingedly attached to and recessed within said body portion such that the outer surface of said cooking unit cover lies flush with the outer surface of said body portion when said cooking unit cover is in the closed position”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle tailgate BBQ grill cover of Streett, as modified above, with the same as taught by Donoho in order to have a vehicle tailgate BBQ grill cover that is flush with the tailgate and thereby support a wider variety of user preferences, increase the versatility of the tailgate by allowing it to support large objects when the vehicle tailgate BBQ grill is not in use, and/or decrease the risk of someone becoming injured by the vehicle tailgate BBQ grill while getting into and out of the vehicle bed.
Claims 15-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Donoho et al. (US 20090174212 A1, hereafter Donoho), in view of Streett et al. (US 10022016 B1, hereafter Streett), and Collins et al. (US 20200100622 A1, hereafter Collins).
Regarding Claim 15, Donoho teaches a vehicle tailgate BBQ grill system (Abstract), comprising:
a tailgate (tailgate body 104, Fig. 1) configured to hold the vehicle tailgate BBQ grill system, wherein the tailgate has a proximal end rotatably connect to a vehicle bed opposing a distal end, a front end opposing a back end, a first side opposing a second side, and an open position wherein the front end of the tailgate is flush with the vehicle bed (See Fig. G below in which the claimed sides are labeled using a Figure from Streett);
a vehicle tailgate BBQ grill (device 100, Fig. 1. Examiner notes device 100 comprises cooking unit 102 which is used for “heating/grilling food”, as disclosed in Par. 0019, lines 1-2 and Par. 0012) integrated into the tailgate; the vehicle tailgate BBQ grill, comprising:
a BBQ grill (cooking unit 102, cover 109, first ridged portion 134, and grease collection surface 140, Fig. 4);
a grate (first ridged portion 134, Fig. 4) operably supported atop the BBQ grill (Fig. 4 and Par. 0019, “The cooking unit 102 comprises a heated cooking surface 130 for heating/grilling food. The cooking surface 130 may comprise a flat portion 132 for use as a griddle or hot plate, and a first ridged portion 134 for grilling certain meats. The raised ridges 136 of the first ridged portion 134 elevate the cooking meat from the interim surfaces 138, thereby minimizing any sticking of food to the cooking surface 130 and providing a more "grilled" effect ( e.g., char lines on meat).”);
a plurality of heating elements (Par. 0025, “separate heating elements may be configured beneath the cooking surface 130 which heat up and thereby cause the portions of the cooking surface 130 above the heating elements to correspondingly heat up.”) configured to provide heat for cooking;
a first storage compartment (storage compartment 114, Fig 4) on at least one side of the BBQ grill (right side of cooking unit 102, cover 109, first ridged portion 134, and grease collection surface 140, Fig. 4);
a plurality of controls (controls 118, Fig. 4 and Par. 0018, “controls 118 are provided within the device 100 for controlling the various functions of the cooking unit 102. Such functionality includes, but is not limited to, temperature control, on/off and heating element selection.”) operably connected to the plurality of heating elements and configured for connecting to a fuel source (Par. 0026, “the exact wiring connections between the battery 152, the controls 118, and cooking surface 130 have been omitted”); and
a grill cover (cover 109 and two instances of side supports 112, Fig. 4) having a plurality of cover panels (cover 109 and side supports 112, Fig. 4) wherein each cover panel has at least a first one of its edges rotatably connected to another one of the plurality of cover panels (right edge of cover 109 is rotatably connected to left edge of rightmost side support 112, Fig. 4 and Par. 0016, lines 1-6, “The side supports 112 are configured to fold onto the cooking unit 102 when not in use. In one embodiment, the side supports may be hingedly connected to the cover 109, whereby the side supports 112 will first fold horizontally to mate with the cover 109 and then fold down vertically and be concealed under the cover 109.” Similarly, the left edge of cover 109 is rotatably connected to the right edge of leftmost side support 112), at least one of the plurality of cover panels is rotatably connected (cover 109, Fig. 3 and Par. 0014, lines 1-5 “As further illustrated in FIG. 4, the cover 109 is hingedly attached to the tailgate body 104 by a hinge 110. It shall be understood that the hinge 110 may comprise a continuous hinge or individually spaced connection points along the length of the cover 109.”), and