Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 202110351355.5, filed on 2021-03-31.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “upper filter screen” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “upper filter screen” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “5” has been used to designate both “first frying plate” and “second frying plate”. 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. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is greater than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0049]; “the first elastic supporting arm (31)” has incorrect reference tag, should read “first elastic supporting arm (32)”
Paragraph [0056]; “the first frying plate (1)” has incorrect reference tag, should read “the first frying plate (4)”
Paragraph [0057]; “the pot body (5)” has incorrect reference tag, should read “the pot body (6)”
Paragraph [0046]; “the inner cavity” not previously defined, needs reference tag
Paragraph [0054]; “the outer wall” not previously defined, needs reference tag
Paragraph [0048]; “the first oil discharge channel (42)” should read “a first oil…”
Paragraph [0052]; “the second oil discharge channel (51)” should read “a second oil…”
Paragraph [0055]; “air deflecting pores (71)” should be prefaced with “a set of”
Paragraph [0055]; “the supporting feet” should be prefaced with “a set of”
Paragraph [0055]; “high temperature resistant foot sleeves (91)” should be prefaced with “a set of”
Paragraph [0056]; “control the temperature of the second frying plate (5)” should be prefaced with “and can”
Paragraph [0057]; “an elastic device (3)” should read “the elastic device (3)”
Paragraph [0060]; “the wavy grill (7)” should read “the grill (7)” or “wavy” should be introduced earlier as an integral part of “the grill (7)”
Appropriate correction is required.
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
Paragraph [0027] is a copy of Paragraph [0012]
Paragraph [0025] is a copy of Paragraph [0010]
Paragraph [0028] is a copy of Paragraph [0023]
Paragraphs [0006 – 0023] are copies of the claims without providing additional information or clarification
Claim Objections
Claim 1 objected to because of the following informalities: Line 20; “a pot body” previously mentioned in claim, should read “the pot body”. Appropriate correction is required.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is drawn to an apparatus, but recites method steps. As per MPEP 2173.05(p), “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). Further, all dependent claims of claim 1 are rejected due to their dependency on claim 1.
Claim 3 recites the limitation "the first oil discharge channel" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the second oil discharge channel" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the following limitations:
"air deflecting pores" in line 2
"the supporting feet" in line 3
"high temperature resistant foot sleeves" in line 4
There is insufficient antecedent basis for these limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 Labadia Del Fresno et al. (CA 2155620), hereinafter Labadia, in view of Gill et al. (US 20190045973), hereinafter Gill, and further in view of Li (CN 112294090).
Regarding claim 1, Labadia discloses:
A multifunctional cooking oven (Labadia Fig. 7, Page 1, Lines 7-9; "this invention refers to a small electric home appliance, centering its characteristics in multi-function performance", hereinafter "multi-function electric home appliance, Labadia Fig. 7") comprises a oven cover (cover 4, Labadia Fig. 7), an oven body (base body 1, Labadia Fig. 7), a first heating device (electric heating element 10, Labadia Fig. 7), a second heating device (electric heating element 11, Labadia Fig. 7), an elastic device (spring 13, Labadia Fig. 7) and a first control panel (Labadia Fig. 1, Page 4, Lines 31-33; "an independent thermostat may also be used to control each heating element", hereinafter “first thermostat, Labadia Fig. 7”), which is characterized in that the oven cover (cover 4, Labadia Fig. 7) is hinged with (Labadia Fig. 7, Page 5, Lines 20-22; "the hinge mechanism does also allow the cover to adopt positions that are parallel and superimposed to the body") the oven body (base body 1, Labadia Fig. 7), the rotation angle between the oven cover (cover 4, Labadia Fig. 7) and the oven body (base body 1, Labadia Fig. 7) falls in between 0 degree and 180 degrees (Labadia Fig. 7, Page 5, Lines 3-13; "the electric home appliance described here is structured through the combination of a base body and a cover, being body and cover joined to each other by an articulation through a mechanism that allows said parts to adopt three stable positions, a closed position...another capable of opening slightly more than 90°...and a 180° maximum opening position"); the first heating device (electric heating element 10, Labadia Fig. 7) is arranged on the bottom surface (Labadia Fig. 7, Abstract, Lines 5-9; "a cover (4) is joined through a hinge, being body and cover fitted with functionally independent electric heating elements (10) and (11), being the first ones directly fixed to the internal surface of the metal plate (4) of said cover") of the oven cover (cover 4, Labadia Fig. 7), and the elastic device (spring 13, Labadia Fig. 7) is arranged in the inner cavity (auxiliary support 12, Labadia Fig. 7, Page 9, Lines 17-22; "the auxiliary support (12) is retractable against the action of springs (13) which, working in compression, tend to project the fore mentioned support (12) outside the body (1) and, therefore, against the bottom of the tray (3) housed inside it", hereinafter "auxiliary support 12 - holding cavity, Labadia Fig. 7") of the oven body (base body 1, Labadia Fig. 7);
the second heating device (electric heating element 11, Labadia Fig. 7) is arranged in (Labadia Fig. 7, Page 9, Lines 10-12; "the electric heat producing element (11) of the base body is joined to a 'floating' auxiliary support (12)") the inner cavity (auxiliary support 12 – holding cavity, Labadia Fig. 7) of the oven body (base body 1, Labadia Fig. 7) and connected with (Labadia Fig. 7, Page 4, Lines 7-10; "the springs push the heating element support against the base of the tray being used, with the purpose of obtaining an optimum use of the heat energy generated by the heating element") the elastic device (spring 13, Labadia Fig. 1), which drives the second heating device (electric heating element 11, Labadia Fig. 7) to go up and down (Labadia Fig. 7, Page 3 Lines ; "the heating element of the bottom part is fitted upon an auxiliary retractable support playing against springs working compressed, so that because of the 'floating' character and mobility of said support upon the base body, trays of different depth and shape may be housed therein");
the multifunctional cooking oven (multi-function electric home appliance, Labadia Fig. 7) also comprises a first frying plate (cover tray 5, Labadia Fig. 7, Page 5, Lines 14-18; "both trays, body and cover, may be used simultaneously, in identical or different way, which is to say, the body tray may be used as a frying pan, for instance, whereas the cover tray may simultaneously be used a[s] an electric plate or grill", hereinafter "cover tray 5 - frying plate, Labadia Fig. 7") and a second frying plate (body tray 3; as set forth in Labadia Pages 8-9, Lines 31-15 & Lines 1-2; there are a set of trays, each having a different shape for different functions and/or different types of food to cook; further discussed in Labadia Fig. 7, Page 5, Line 16; "the body tray may be used as a frying pan", which indicates one of the cover trays 3 from the set of trays is a tray for frying, hereinafter "body tray 3 - frying plate, Labadia Fig. 7"); the first frying plate (cover tray 5 - frying mode, Labadia Fig. 7) is arranged on the oven cover (cover 4, Labadia Fig. 7) and clings (Labadia Fig. 7, Abstract, Lines 7-9; "functionally independent electric heating elements (10) and (11), being the first ones directly fixed to the internal surface of the metal plate (5) of said cover") to the first heating device (electric heating element 10, Labadia Fig. 7); the second frying plate (cover tray 3 - frying plate, Labadia Fig. 7) is detachably arranged (Labadia Fig. 7, Page 11, Lines 4-6; "the set made up of the tray (3) and the couple of handles (14), may be taken off the base body (1)") in the inner cavity (auxiliary support 12 – holding cavity, Labadia Fig. 7) of the oven body (base body 1, Labadia Fig. 7) and clings (Labadia Fig. 7, Page 10, Lines 18-23; "auxiliary support (12) rests upon the bottom of the base body (1) and, through springs (13) working in compression and which, as a consequence, tend at all times to project the support (12) against the bottom of the tray (3) and thus maintain a situation of maximum proximity in respect to the heating elements (11)") to the second heating device (electric heating element 11, Labadia Fig. 7) to form a frying oven with the double-sided heating function (Labadia Fig. 7, Page 5, Lines 14-15; "both trays, body and cover, may be used simultaneously, in identical or different way");
the second frying plate (body tray 3 - frying plate, Labadia Fig. 7) is replaced with a pot body (body tray 3; as set forth in Labadia Pages 8-9, Lines 31-35 & Lines 1-2; there are a set of trays, each having a different shape for different functions and/or different types of food to cook; further discussed in Labadia Fig. 7, Page 5, Line 10; “cooking pot fitted with a cover”, which indicates one of the cover trays 3 from the set of trays is a pot for cooking, hereinafter “body tray 3 – pot body, Labadia Fig. 7”), wherein the pot body (body tray 3 – pot body, Labadia Fig. 7) sits in the inner cavity (auxiliary support 12 – holding cavity, Labadia Fig. 7) of the oven body (base body 1, Labadia Fig. 7) and clings to the second heating device (electric heating element 11, Labadia Fig. 7, Page 10, Lines 18-23; "auxiliary support (12) rests upon the bottom of the base body (1) and, through springs (13) working in compression and which, as a consequence, tend at all times to project the support (12) against the bottom of the tray (3) and thus maintain a situation of maximum proximity in respect to the heating elements (11)"); the multifunctional cooking oven (multi-function electric home appliance, Labadia Fig. 7) also comprises a pot cover (Labadia Fig. 7, Page 5, Line 10; “cooking pot fitted with a cover”), which is fitted onto the pot body (body tray 3 – pot body, Labadia Fig. 7) to form a hot pot oven (Labadia Fig. 7, Page 4, Lines 1-6; “trays of different depth and shape may be housed therein so that, by itself or in its combination with the cover, may transform or adapt the electric home appliance to the type of cooking or culinary treatment selected for the preparation of the product and its volume”);
Labadia does not explicitly disclose that the first frying plate (cover tray 5 – frying plate, Labadia Fig. 7) is detachably arranged on the oven cover.
However, Labadia states that first frying plate (cover tray 5 – frying plate, Labadia Fig. 7) is equivalent to the second frying plate (body tray 3 – frying plate, Labadia Fig. 7) and the second frying plate (body tray 3 - frying plate, Labadia Fig. 7) is detachably arranged (Labadia Fig. 7, Page 11, Lines 4-6; “the set made up of the tray (3) and the couple of handles (14), may be taken off the base body (1)”; and further in Labadia Fig. 7, Page 9, Lines 5-6; “a metal plate (5) equivalent to the previously mentioned trays (3)”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Labadia such that the first frying plate (cover tray 5 – frying plate, Labadia Fig. 7) is detachably arranged on the oven cover as taught by Labadia for the benefit of ease of cleaning (Labadia Page 11, Lines 14-18; “this removable feature of the trays (3)…does also allow an easy cleaning of said trays off the electric home appliance and, consequently, they may be placed inside an electric dishwasher or may, in any case, be quickly, easily and efficiently cleaned”).
Labadia does not explicitly disclose the pot cover is buckled onto the pot body.
Gill teaches:
a pot body (Gill Fig. 2, [0048]; "the container 24 may be a pot formed from a ceramic, metal, or die cast aluminum material", hereinafter "container 24 - hotpot mode, Gill Fig. 2"), wherein the pot body (container 24 – hotpot mode, Gill Fig. 2) is buckled (Gill Fig. 4, [0049]; “the secondary lid 37 is configured to couple to at least one of the housing 22 and container 24 in another suitable manner, such as via a pressure tight mechanism”; it is understood that a typical buckle and clasp locking system is able to maintain a pressure differential and therefore would be included under “pressure tight mechanisms”) onto the pot body (container 24 – hotpot mode, Gill Fig. 2) to form a hot pot oven (Gill Fig. 4, [0059]; “the first cooking mode employs first heating element 82 to perform conductive cooking operations. Conductive cooking operations may generally be referred to as 'wet cooking' operations, such as but not limited to pressure cooking, steam cooking, slow cooking, searing, and sauteing");
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the pot body and buckled pot cover as taught by Gill. Modifying Labadia in this manner would allow the multi-function electric home appliance to form a self-contained hot pot oven with a securely attached cover as taught by Gill.
Labadia discloses the first frying plate (cover tray 5 – frying plate, Labadia Fig. 7) as set forth in the modification above; the first frying plate is detachably arranged on the oven cover (see above). However, Labadia fails to explicitly disclose the first frying plate being replaced with an upper filter screen.
Li teaches an upper filter screen (oil absorption mesh 13, Li Fig. 3, [0029]; "the oil absorption mesh 13 is fixedly installed inside the first external threaded disk 12, so that oil in the flue gas is conveniently filtered" & activated carbon mesh 18, Li Fig. 3, [0030]; “the activated carbon mesh 18 is fixedly mounted inside the second external threaded disk 17, which facilitates filtering bad gasses”).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the upper filter screen as taught by Li. This modification would allow the multi-function electric home appliance disclosed by Labadia to form an oven capable of filtering smoke from grilling foodstuffs (Li Fig. 3, [0017]; “the lampblack generated in the stainless steel pot can be efficiently treated, the environment is not prone to being polluted, and the human body is not prone to being damaged”).
As previously set forth, Labadia discloses the second frying plate (body tray 3 – frying plate, Labadia Fig. 7) is replaced with a pot body (body tray 3 – pot body, Labadia Fig. 7), wherein the pot body (body tray 3 – pot body, Labadia Fig. 7) sits in the inner cavity of the oven body and clings to the second heating device (electric heating element 11, Labadia Fig. 7, Page 10, Lines 18-23; "auxiliary support (12) rests upon the bottom of the base body (1) and, through springs (13) working in compression and which, as a consequence, tend at all times to project the support (12) against the bottom of the tray (3) and thus maintain a situation of maximum proximity in respect to the heating elements (11)"); but fails to explicitly disclose a grill placed in the pot body to form an oven.
Gill teaches:
and a grill (grate 114, Gill Fig. 14; [0085]; "the insert includes a food supporting body or grate 114 with a first body surface 116 and an opposing second body surface 118") is placed in (Gill Fig. 15, [0085]; "a reversible insert 112 receivable in any or all of the hollow interior 30, container 24, and insert 52") a pot body (container 24 - hotpot mode, Gill Fig. 2) to form an oven (Gill Fig. 15, [0087]; “when in a broiling mode, the first configuration of the insert 112 positions the food close enough to the second heater 84 to achieve good broiling benefits”).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the pot body and grill insert as taught by Gill for the benefit of forming an oven capable of grilling foodstuffs within the pot body insert. The reversible nature of insert 112 with grates 114 provides an alternative configuration for heating foodstuffs within the pot body insert. This configuration sets the food at a greater distance from the heating element to provide cooking benefits while in conductive heating modes as taught by Gill Fig. 17, [0088]; “in the steam cooking mode, the legs 120 provide just enough clearance to position the grate 114 and food above any water and comfortably in a steam zone”.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Labadia (CA 2155620) modified with Gill (US 20190045973) as applied to claim 1 above.
Regarding claim 2, Labadia as modified, discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Labadia as modified, does not disclose an oil receiving box arranged on the outer wall of the oven body.
Gill teaches:
a multifunctional cooking oven (cooking system 20, Gill Fig. 1A), which is characterized in that it also comprises an oil receiving box (condensation tray 53, Gill Fig. 1D, [0052]; "condensation or other fluid circulating within the container 24 and/or hollowed interior 30 of the system 20 may collect within the condensation rim. In an embodiment, best shown in Fig. 1D, a condensation tray 53 is arranged in communication with the interior 30 of the container" & Fig. 9, [0076]; "a liquid, such as oil or fat, is contained within the enclosure, such as adjacent the bottom surface 31 of the container 24") which is arranged on the outer wall (Gill Fig. 1D, [0052]; "the condensation tray 53 is accessible via the back surface of the housing 22” of the oven body (housing 22, Gill Fig. 2).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the condensation tray as taught by Gill. This modification would provide the benefit of waste oil management and easier cleaning, as taught by Gill Fig. 1D, [0052]; “the condensation tray 53 is accessible via the back surface of the housing 22 and is configured to removably couple to the housing 22 to allow a user to empty the contents of the tray 53”.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Labadia (CA 2155620) modified with Gill (US 20190045973) as applied to claim 2 above and further in view of Huggler et al. (US 20040261623), hereinafter Huggler, and further in view of Serra (AU 2008202308)
Regarding claim 3, Labadia as modified, discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Labadia as modified, discloses:
the multifunctional cooking oven (multi-function electric home appliance, Labadia Fig. 1) in accordance with Claim 2, which is characterized in that an oven cover (cover 4, Labadia Fig. 7) is equipped with a handle (side handles 14, Labadia Fig. 7) and a second control panel (Labadia Fig. 7, Page 4, Lines 27-35 & Page 5, Line 1; "the electric heating elements of the body and the cover may, as desired, be connected in series or parallel...if the electric heating elements are placed in parallel, they may then be arranged independently and, in that case, be controlled through different thermostats", hereinafter "second thermostat, Labadia Fig. 7") where the second control panel (second thermostat, Labadia Fig. 7) is electrically connected (Labadia Fig. 7, Page 4, Lines 27-29; “the electric heating elements of the body and the cover may, as desired, be connected in series or parallel”) with the first heating device (electric heating element 10, Labadia Fig. 7); the oven cover (cover 4, Labadia Fig. 7) is equipped with a first holding cavity (cavity within cover 4 as shown in Labadia Fig. 7, hereinafter “cover 4 – inner cavity, Labadia Fig. 7”) at the position corresponding to the first heating device (electric heating element 10, Labadia Fig. 7).
Labadia as modified, does not explicitly disclose a second control panel is arranged at the handle.
Serra teaches:
a second control panel (control panel 4100, Serra Fig. 1, Page 12, Lines 15-16; “the front of the toaster grill 100 comprises a control panel 4100”) is arranged at the handle (handle 130, Serra Fig. 1, Page 14, Lines 29-30; “the upper cooking surface 109 has a front edge 5110 to which a handle 130 is attached”, it is understood that in the closed formation depicted in Serra Fig. 1 and Fig. 2, the control panel 4100 is arranged at the handle 130 located directly above the control panel).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the second control panel arranged at the handle as taught by Serra. As per MPEP 2143(E); “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397”. There are a finite number of locations to place the second control panel that are accessible to the user and contain a structural basis for accepting the second control panel. Further, it would be obvious to one skilled in the art to have investigated these finite potential mounting locations for the second control panel and to have arrived at the predictable conclusion to locate the second control panel at the handle as taught by Serra, see Rolls-Royce, PLC v. United Tech. Corp., 603 F.3d 1325, 95 USPQ2d 1097 (Fed. Cir. 2010).
Labadia as modified (see claim 1 above wherein cover tray - 5 was modified to be removable and as such cover 4 includes the structure of body 1 which imparts the ability to remove cover tray - 5), discloses:
the oven cover (cover 4, Labadia Fig. 7) is equipped with a first locking device (Labadia Fig. 10, Page 10, Lines 32-34 & Page 11, Line 1; it is understood that the first locking device as disclosed by Labadia is the corresponding mechanisms (shown in the bottom structure of Fig. 4) structurally necessary for accepting the locking device components of the tray: (handles 14, clasp 15, push button 16, lower projection 17, tilting nail 18), hereinafter "cover 4 - first locking device, Labadia Fig. 10") at the position adjacent to the first holding cavity (cover 4 – inner cavity, Labadia Fig. 7; cover tray - 5 would include the same locking device components of tray 3 as set forth in the modification of claim 1 above; as shown in Fig. 10, the corresponding mechanisms structurally necessary for accepting the locking device components of tray 3 are adjacent the holding cavity within body 1 (see also Fig. 4) and therefore the modification of claim 1 would result in the corresponding mechanisms structurally necessary for accepting the locking device components of cover tray - 5 in cover 4 to be adjacent the holding cavity within cover 4; and the oven cover (4) is equipped with a first limit groove (shown below; as stated above although this is shown in the body of 1, the modification of claim 1 results in the same structure in cover 4) at the position adjacent to the first holding cavity (see Labadia Fig. 4 Annotated), the first frying plate is placed in the first holding cavity (see Figs. 5, 6 wherein cover tray - 5 is placed within the first holding cavity of cover 4) and the first locking device (cover 4 – first locking device, Labadia Fig. 10) locks the first frying plate (cover tray 5 – frying plate, Labadia Fig. 7).
Labadia Fig. 4 Annotated – First Limit Groove
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Labadia as modified, does not explicitly disclose the first frying plate extends outwards from the first oil discharge channel, the first oil discharge channel is placed in the first limit groove; the inlet of the first oil discharge channel is connected with the first frying plate, the outlet of the first oil discharge channel extends out of the oven cover and faces the oil receiving box,
Huggler teaches a structure of a frying plate (102, 103). Specifically, Huggler teaches:
the first frying plate (griddle surface 102, 103, Huggler Fig. 1, [0047]; "the griddle 100 includes a flat cooking surface 101, divided in half, into griddle surfaces 102 and 103 separated by a center seam 104") extends outwards from the first oil discharge channel (drain channel 114, Huggler Fig. 7, [0058]; "each griddle surface half 102, 103 includes a trough or drain channel 114, 115 as a drain, cast at the periphery of the griddle surfaces 102, 103, at a front and at sides of the griddle surfaces 102, 103"), the first oil discharge channel (drain channel 114, Huggler Fig. 7) is placed in the first limit groove (as shown in Fig. 7 of Huggler, the first oil discharge channel 114 is located on an outer periphery of the surface 102, 103 and as such by modifying the structure Labadia’s cover tray 5 to include the structure of the first frying plate of Huggler, the first oil discharge channels would be placed within the first limit groove as set forth above); the inlet (center grease drain 105, Huggler Fig. 7, [0047]; "the center grease drain 105 is a trough disposed under the center seam 104 between the two halves 102, 103 of the griddle. The center grease drain 105 is incorporated into the left griddle 102 casting, for example, and is disposed below the center seam 104 when griddle 100 is in use". Further in [0058]; “each griddle surface half 102, 103 includes a trough or drain channel 114, 115 as a drain, cast at a periphery of the griddle surfaces 102, 103, at a front and at sides of the griddle surfaces 102, 103…the drain channels 114, 115 can be disposed at an entire periphery”, it is understood that center grease drain 105, being incorporated into griddle 102 and disposed below center seam 104, is further connected to drain channel 114 as seen in Huggler Fig. 1 and Fig. 2A and therefore constitutes an inlet.) of the first oil discharge channel (drain channel 114, Huggler Fig. 7) is connected with the first frying plate (griddle surface 102, 103, Huggler Fig. 1), the outlet (drain hole 136, Huggler Fig. 7, [0059]; "the fluids and grease can spill from the surfaces 102, 103 into the drain channels 114, 115, and flow through the drain holes 136, 137 into the receptacles or grease trays 116, 117 disposed below the griddle 100") of the first oil discharge channel (drain channel 114, Huggler Fig. 7) extends out of the oven cover and faces an oil receiving box (grease tray 116, Huggler Fig. 1),
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the first frying plate extends outwards from the first oil discharge channel, the first oil discharge channel is placed in the first limit groove; the inlet of the first oil discharge channel is connected with the first frying plate, the outlet of the first oil discharge channel extends out of the oven cover and faces the oil receiving box as taught by Huggler for the benefit of excess oil and grease mitigation and maintaining a clean cooking surface (Huggler [0047]; “the center grease drain 105 receives oils, grease, and juices generated from foodstuffs being cooked on the griddle 100 such that cooking over the center seam 104 of the apparatus does not result in drainage of grease from the griddle 100 onto the surface on which the griddle 100 is placed”).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Labadia (CA 2155620) modified with Gill (US 20190045973) and Huggler et al. (US 20040261623), as applied to claim 3 above, and further in view of Reese (US 20070042087).
Regarding claim 4, Labadia as modified, discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Labadia as modified, does not explicitly disclose the first locking device comprises a locking hook and a locking plate wherein the locking hook is rotationally arranged on the oven cover and clings to the first holding cavity; the locking plate is arranged on the oven cover and clings to the first holding cavity; the first frying plate is equipped with a socket and a locking port, the locking plate is inserted into the socket, the locking hook turns over and then tightens the locking port, and the first frying plate is locked onto the oven cover.
Reese teaches:
a first locking device (latch 350, Reese Fig. 3c, [0042]; "the latch 350 includes a latch handle 352, plate hook 356, and resilient base 354", hereinafter “latch 350 – first locking device, Reese Fig. 3c”) comprises a locking hook (plate hook 356, Reese Fig. 3c, [0042]; "the latch 350 includes a latch handle 352, plate hook 356, and resilient base 354", it is understood that plate hook 356 as shown in Fig. 3c has the equivalent structure of a locking hook, hereinafter "hook 356, Reese Fig. 3c") and a locking plate (plate hook 356, Reese Fig. 3c, [0042]; "the latch 350 includes a latch handle 352, plate hook 356, and resilient base 354", it is understood that plate hook 356 as shown in Fig. 3c additionally has the equivalent structure of a locking plate as both "hooks" and "plates" are understood to refer to protrusions to be received in corresponding depressions, hereinafter "plate 356, Reese Fig. 3c") wherein the locking hook (hook 356, Reese Fig. 3c) is rotationally arranged (latch 350, Reese Fig. 3c, [0042]; "the resilient base 354 enables the latch 350 to rotate away from the incoming design plate 340") on the oven cover (top cover 310, Reese Fig. 3a, [0040]; "the breakfast cake cooker 300 includes a top cover 310, a bottom cover 320, and a bottom design plate 340") and clings to the first holding cavity (top cover 310, Reese Fig. 3a, [0041]; "the bottom cover 320 includes a receiving bracket 328 for receiving the design plate end 344. Once the receiving bracket 328 receives the design plate end 344, the design plate 340 may be rotated downward", it is understood that the bottom cover 320 has a defined structure to receive the bottom design plate 340 and therefore it follows that an inner cavity of bottom cover 320 must exist. Further in [0043]; "inserting and removing a design plate in this manner is replicable with the top cover 310 as the top cover 310 also includes a receiving bracket 362 and handle receiver 360" it is understood that the top cover 310 has the same corresponding receiving bracket 328 and structure as the bottom cover 320, hereinafter "top cover 310 - inner cavity, Reese Fig. 3a"); the locking plate (plate 356, Reese Fig. 3c) is arranged on the oven cover (top cover 310, Reese Fig. 3a) and clings to the first holding cavity (top cover 310 - inner cavity, Reese Fig. 3a); the first frying plate (design plate 340, Reese Fig. 3c, [0040]; "the breakfast cake cooker 300 includes a top cover 310, a bottom cover 320, and a bottom design plate 340", as previously established, the top cover 310 contains equivalent corresponding structures to the bottom cover 320 including the locking device mechanism comprised of latches 350, plate hooks 356, latch receivers 342, and their respective corresponding structures. Thus it is further understood that design plate 340 may be received in top cover 310, hereinafter "design plate 340 - first plate, Reese Fig. 3c") is equipped with a socket (latch receiver 342, Reese Fig. 3c, [0042]; "inserting the bottom design plate 340 enables the resilient base 354 to engage the hook 356 with lever receiver 342, thereby securing the design plate 340 to the bottom cover 320", it is understood that the lever receiver 342 has the equivalent structure of a socket for receiving hook 356, hereinafter "latch receiver 342 - socket, Reese Fig. 3c") and a locking port (latch receiver 342, Reese Fig. 3c, [0042]; "inserting the bottom design plate 340 enables the resilient base 354 to engage the hook 356 with lever receiver 342, thereby securing the design plate 340 to the bottom cover 320", it is understood that lever receiver 342 additionally has the equivalent structure of a port for receiving hook 356 as both "sockets" and "ports" are understood to refer to the depressions receiving the corresponding protrusions described above, hereinafter "latch receiver 342 - port, Reese Fig. 3c"), the locking plate (plate 356, Reese Fig. 3c) is inserted into the socket (latch receiver 342 - socket, Reese Fig. 3c), the locking hook (hook 356, Reese Fig. 3c) turns over and then tightens the locking port (latch receiver 342 - port, Reese Fig. 3c), and the first frying plate (design plate 340 - first plate, Reese Fig. 3c) is locked onto the oven cover (top cover 310, Reese Fig. 3a).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified the first locking device disclosed by Labadia to incorporate the locking mechanisms and structure as taught by Reese so that the first locking device comprises a locking hook and a locking plate wherein the locking hook is rotationally arranged on the oven cover and clings to the first holding cavity; the locking plate is arranged on the oven cover and clings to the first holding cavity; the first frying plate is equipped with a socket and a locking port, the locking plate is inserted into the socket, the locking hook turns over and then tightens the locking port, and the first frying plate is locked onto the oven cover. This modification would provide the benefit of repeatable alignment and secure attachment of the chosen cooking plate to the oven cover.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Labadia (CA 2155620) modified with Gill (US 20190045973) as applied to claim 2 above and further in view of Huggler (US 20040261623).
Regarding claim 5, Labadia as modified, discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Labadia as modified, discloses:
the oven body (base body 1, Labadia Fig. 7) is equipped with a second limit groove (shown below; as stated above in claim 3, the corresponding mechanisms structurally necessary for accepting the locking device components of tray 3 are adjacent the holding cavity in base body 1 (see Fig. 4 Annotated – Second Limit Groove), at the position adjacent to the inner cavity (base body 1, Labadia Fig. 7; as discussed above and as shown in Fig. 10, the locking device components of tray 3 are adjacent the holding cavity within base body 1 (see also Fig. 4), hereinafter “base body 1 – inner cavity, Labadia Fig. 7”) of the oven body (base body 1, Labadia Fig. 7),
Labadia Fig. 4 Annotated – Second Limit Groove
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Labadia as modified, does not explicitly disclose the second frying plate extends outwards from the second oil discharge channel; the second oil discharge channel is placed in the second limit groove, the inlet of the second oil discharge channel is connected with the second frying plate, and the outlet of the second oil discharge channel extends out of the oven body and faces the oil receiving box.
Huggler teaches:
a second frying plate (griddle surface 102, 103, Huggler Fig. 1, [0047]; "the griddle 100 includes a flat cooking surface 101, divided in half, into griddle surfaces 102 and 103 separated by a center seam 104") extends outwards from the second oil discharge channel (drain channel 115, Huggler Fig. 7, [0058]; "each griddle surface half 102, 103 includes a trough or drain channel 114, 115 as a drain, cast at the periphery of the griddle surfaces 102, 103, at a front and at sides of the griddle surfaces 102, 103"); the second oil discharge channel (drain channel 115, Huggler Fig. 7) is placed in the second limit groove (as shown in Fig. 7 of Huggler, the second oil discharge channel 115 is located on an outer periphery of the surface 102, 103 and as such by modifying the structure Labadia’s tray 3 to include the structure of the second frying plate of Huggler, the second oil discharge channels would be placed within the second limit groove as set forth above), the inlet (center grease drain 105, Huggler Fig. 7) of the second oil discharge channel (drain channel 115, Huggler Fig. 7) is connected with the second frying plate (griddle surface 102, 103, Huggler Fig. 1), and the outlet (drain hole 137, Huggler Fig. 7; [0059]; "the fluids and grease can spill from the surfaces 102, 103 into the drain channels 114, 115, and flow through the drain holes 136, 137 into the receptacles or grease trays 116, 117 disposed below the griddle 100") of the second oil discharge channel (drain channel 115, Huggler Fig. 7) extends out of the oven body and faces the oil receiving box (grease tray 117, Huggler Fig. 1).
It would be obvious to one skilled in the art before the effective filing date of the claimed invention to have modified Labadia to include the second frying plate extends outwards from the second oil discharge channel; the second oil discharge channel is placed in the second limit groove, the inlet of the second oil discharge channel is connected with the second frying plate, and the outlet of the second oil discharge channel extends out of the oven body and faces the oil receiving box as taught by Huggler for the benefit of excess oil and grease mitigation and maintaining a clean cooking surface (Huggler [0047]; “the center grease drain 105 receives oils, grease, and juices generated from foodstuffs being cooked on the griddle 100 such that cooking over the center seam 104 of the apparatus does not result in drainage of grease from the griddle 100 onto the surface on which the griddle 100 is placed”).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Labadia (CA 2155620) modified with Gill (US 20190045973) as applied to claim 1 above and further in view of Chou (WO 2015196328).
Regarding claim 6, Labadia as modified, discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Labadia discloses an elastic device (spring 13, Labadia Fig. 7) and further discloses the elastic device comprising a base plate (12) and the second heating device (11) is arranged on the base plate (12) to follow the base plate to go up and down (citation from Labadia), the elastic device (spring 13, Labadia Fig. 7) is arranged in the inner cavity of the oven body (1) (see Labadia Fig. 7), but does not explicitly disclose the elastic device comprises a first elastic supporting arm and a second elastic supporting arm wherein the first elastic supporting arm is arranged in the inner cavity of the oven body in a rotating manner, the first elastic supporting arm faces the left and right sides of the oven body, the second elastic supporting arm is arranged in the inner cavity of the oven body in a rotating manner, and the second elastic supporting arm faces the front and rear sides of the oven body; the first elastic supporting arm and the second elastic supporting arm are connected with the base plate respectively, the first elastic supporting arm and the second elastic supporting arm jointly drive the base plate to go up and down,
Chou teaches:
an elastic device (lifting mechanism 5200, Chou Fig. 2) comprises a component (5100; similar to base plate in Labadia, Chou Fig. 5), a first elastic supporting arm (lever 5210, hereinafter "lever 5210-1, Chou Fig. 2") and a second elastic supporting arm (lever 5210, hereinafter "lever 5210-2, Chou Fig. 2") wherein the first elastic supporting arm (lever 5210-1, Chou Fig. 2) is arranged in in a rotating manner (Chou Fig. 1, [0037]; "two corners of the mount seat 4000 are provided with the lever components 5210, and the other two corners are provided with support legs configured for supporting the inner pot 2000"), the first elastic supporting arm (lever 5210-1, Chou Fig. 2) faces the left and right sides (Chou Fig. 2, [0031]; "the lever components 5210 are divided into two groups arranged on the mount seat 4000 diagonally"; the examiner notes portions of the lever 5210-1 of Chou face left and right sides of the oven body) of the oven body (case 1000, Chou Fig. 1), the second elastic supporting arm (lever 5210-2, Chou Fig. 2) is arranged in a rotating manner (Chou Fig. 1, [0037]; "two corners of the mount seat 4000 are provided with the lever components 5210, and the other two corners are provided with support legs (not shown) configured for supporting the inner pot 2000"), and the second elastic supporting arm (lever 5210-2, Chou Fig. 2) faces the front and rear sides (Chou Fig. 2, [0031]; "the lever components 5210 are divided into two groups arranged on the mount seat 4000 diagonally"; the examiner notes portions of the lever 5210-1 of Chou face front and rear sides of the oven body) of the oven body (case 1000, Chou Fig. 1); the first elastic supporting arm (lever 5210-1, Chou Fig. 2) and the second elastic supporting arm (lever 5210-2