DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 10/31/2025 has been entered. As directed by the amendment: claims 1, 7, 9, 10, 12 – 13 and 15 are amended. Claims 11 and 14 are cancelled. Thus, claims 1 – 10, 12 – 13 and 15 – 20 are currently pending. Applicant’s arguments regarding the Non-final Rejection on 07/31/2025 in light of the amendments have been fully considered (please see “Response to Arguments” section) and the following Final Rejection is made herein.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3 – 10 and 12 – 13 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Sueda (JP 2014/173832 A) and hereinafter "Sueda".
Regarding claim 1, Sueda discloses a food holding apparatus (pass-through type food storage
device, see FIGS.1 and 2) comprising:
a food holding unit including a floor and a holding space (a food storage chamber 2
including a floor and a holding space, (see FIG. 2)), the floor bounding a bottom of the holding
space (the food storage chamber 2 is shown to be a rectangular compartment with a floor
constituting a bottom of the compartment, please see FIG.2), the food holding unit including a
support in the holding space, the support including a transporter support surface (the food storage chamber 2 includes a pair of support rails 14 provided inside the storage chamber 2, wherein the support rails 14 are provided with a support surface for the sliding frame 15 (0011, 0013 and see FIG.3));
a pan transporter (a slide frame 15, see FIG. 3) configured to be supported by the support (the sliding frame 15 is supported by a pair of left and right support rails 14, (0013 and see FIG.3); and
a pan (a food placement unit 16) sized and shaped to be disposed in the pan transporter
such that movement of the pan transporter relative to the food holding unit results in
corresponding movement of the pan relative to the food holding unit (food placement unit 16 is
shaped and sized when the food placement unit 16 is disposed on the slide frame 15 the
peripheral edge of food placement unit 16 is received by frame receiving wall 21 of the slide frame 15, (0021 and see FIGS 3 and 4));
the pan transporter being moveable between a stowed position and an extended position (the sliding frame 15 is freely slidable back and forth between a storage position in which it is stored in the storage and front and rear extended positions, (0011 and please see FIG.1)), the pan transporter in the stowed position being supported by the transporter support surface and being arranged relative to the holding space such that the pan is disposed in the holding space when the pan is disposed in the pan transporter (the sliding frame 15 is supported by a pair of left and right support rails 14 so as to be able to slide the food placement unit 16 disposed therein into the storage position in which it is stored within the food storage compartment 2, (0011,0035 and please see FIG.1)), the pan transporter being arranged to slide on the transporter support surface as the pan transporter moves between the stowed and extended positions (the sliding frame 15 is arranged to be supported by a pair of left and right support rails 14, 14 so as to be able to slide back and forth between storage and extended positions, (0013 , 0034 and please see FIG.1 and annotated FIG.3)*Note here – “sliding” is interpreted to mean the sliding frame 15 is moving on the support surface while keeping contact on the support surface, the running rail portion 24 of the sliding frame 15 are in contact with the surface of the support rails 14 while the frame 15 slides in and out)
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Regarding claim 3, Sueda discloses the food holding apparatus of claim 1, wherein the support
is spaced apart from the floor (the support rails 14 are suspended between shelf columns 17
above the floor (spaced apart from the floor) of the food storage chamber 2, please see FIG. 2
and 3).
Regarding claim 4, Sueda discloses the food holding apparatus of claim 1, wherein the pan
bounds an interior for holding food, the interior having an open top (see food placement unit 16,
FIG.3), and wherein the support includes a partition disposed in the holding space, the partition being arranged such that a plane coplanar with the open top of the interior of the pan intersects
the partition when the pan is disposed in the pan transporter and the pan transporter is in the
stowed position (the support rails 14 includes a partition/frame body between curved ends,
wherein the plane coplanar with the open top (lip) of the food placement unit 16 intersects the
frame when the pan is within the food storage compartment 2 in storage position, please see
FIG.2 and 3).
Regarding claim 5, Sueda discloses the food holding apparatus of claim 4, wherein the partition
comprises sheet metal (the support rails 14 are u-shaped metal frame, (0040 and see FIG. 3)).
Regarding claim 6, Sueda discloses the food holding apparatus of claim 1, wherein the support
is irremovably fixed in position relative to the holding space (the support rails 14 are fixed to a pair of front and rear shelf column 17 within the storage chamber 2, (0015 and see FIG.3)).
Regarding claim 7, Sueda discloses the food holding apparatus of claim 1, wherein the pan transporter includes a transporter stop (the slide frame 15 includes a movable stopper 55 A, 55 B, see FIG 3) and the support including a first stop and a second stop (the support rail 14 includes roller receiving portions 50 and fixed stoppers (54A, 54B), (0035 and see FIG.3)), wherein the first stop of the support is arranged to position the pan transporter in the stowed position (roller receiving portions 50 of the support 14 are arranged to engage the rollers of the sliding frame 15 in storage position, (0035 and see FIGS.5 and 6)), and wherein the second stop of the support is arranged to engage the transporter stop of the pan transporter to position the pan transporter in the extended position (the fixed stoppers (54A, 54B) of the support rail 14 are arranged to engage the sliding frame 15 moving stoppers (55A, 55B) to position the sliding frame 15 in extended position in which the sliding frame 15 protrudes forward or reward from the front opening 3, (0011 – 0012 , 0017 – 0018 , 0035, 0039 - 0041 and please see FIG.1)).
Regarding claim 8, Sueda discloses the food holding apparatus of claim 1, wherein the support
is a first support, and wherein the food holding unit includes a second support configured to
support the pan transporter (the support rails are a pair of supports 14, please see FIG.3)).
Regarding claim 9, Sueda discloses the food holding apparatus of claim 8, wherein the first support including a first stop extending inward, toward the second support, from a remainder of the first support (roller receiving portions 50 of the support 14 can be protrusion from the guide wall of the support rail 14 , (0035), thus, the receiving portion 50 on one of the support rails naturally protrudes towards the second support rail 14), and wherein the first stop of the first support is arranged to engage the pan transporter to position the pan transporter in the extended position (when the slide frame 15 is pulled out to the front end position, movable stoppers 55A and 55B on the slide frame 15 side are received by fixed stoppers 54A and 54B on the storage chamber 2 side, (0017 and please see FIG.1)).
Regarding claim 10, Sueda discloses a food holding apparatus (pass-through type food storage
device, see FIGS.1 and 2) comprising:
a food holding unit including a floor and a support (a food storage chamber 2 including a
floor and a pair of support rails 14, (see FIGS. 1 - 3), the support including a transporter support
surface and a first stop, the first stop being disposed above an elevation of the transporter support surface (the support rails 14 are provided with a support surface for the sliding frame 15 and roller receiving portions 50 that can be protrusions (elevations) from the support rail 14 surface, (0011, 0013, 0035 and see FIG.3));
a pan transporter (a slide frame 15, see FIG. 3) movable relative to the food holding unit
between a stowed position and an extended position (the sliding frame 15 is able to slide back
and forth between a storage position and extended position, (please see FIG.1)), the pan transporter resting on the transporter support surface when the pan transporter is in the stowed position, (the slide frame 15 is resting on the support rail surface 14 in the storage position, see FIG.1), the first stop of the support being arranged to engage the pan transporter to position the pan transporter in the stowed position (roller receiving portions 50 of the support rail 14 engages the sliding frame 15 rollers to hold the frame in storage position, (0035 and see FIGS.5 and 6));
a pan sized and shaped to be disposed in the pan transporter such that movement of the
pan transporter relative to the food holding unit between the stowed and extended positions
results in corresponding movement of the pan relative to the food holding unit (a food placement
unit 16 shaped and sized when the food placement unit 16 is disposed on the slide frame 15, the peripheral edge of food placement unit 16 is received by frame receiving wall 21 of the slide frame 15 to move the sliding frame 15 in a storage position and a front end position in which the
sliding frame 15 protrudes forward from the front opening 3, (0011 - 0012, 021 0017 - 0018, 0035, 0039 - 0041 and please see FIG. 1, FIGS 3 and 4));
Regarding claim 12, Sueda discloses the food holding unit of claim 10, wherein the support includes a second stop arranged to engage the pan transporter to position the pan transporter in the extended position (the fixed stoppers (54A, 54B) of the support rail 14 are arranged to engage the sliding frame 15 moving stoppers to position the sliding frame 15 in extended position, (0035 , see FIGs.1, 5 and 6)), the second stop overlying the transporter support surface, (the fixed stopper 54A is overlying the sliding frame 15 surface, see annotated FIG.3).
Regarding claim 13, Sueda discloses the food holding unit of claim 12, wherein the pan
transporter is disposed below an elevation of the second stop when the pan transporter is in the
stowed position (slide frame 15 is disposed below the fixed stopper 54A when the slide frame 15 is in a storage potion, please see FIG.7).
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sueda in view of Shei et al. (US 2016/0073821 A1) and hereinafter "Shei".
Regarding claim 2, Sueda discloses the food holding apparatus of claim 1, wherein the food
holding unit includes a ceiling bounding a top of the holding space (a food storage chamber 2
including a ceiling and a holding space, wherein the support rails 14 are suspended between shelf columns 17 above the floor of the food storage chamber 2, please see FIG. 2 and 3)).
Sueda does not explicitly teach that the support (support rails 14) being suspended from
the ceiling.
However, Shei that relates to pan storage (0002), also teaches that pan cover holding
structure 36 suspended from the top wall 20 for holding pan 12 suspended in a pan storage space16 (0035 and please see FIG.7).
Therefore, it would have been obvious for one of ordinary skill in the art, before the
effective filling date of the claimed invention, to modify the support rails 14 of Sueda that are
suspended between shelf columns 17 above the floor of the food storage chamber 2 to be
suspended from the ceiling (upper wall 20) as taught in Shei as such modification is a mere design choice that involves a simple and routine rearrangement of parts which is not patentably
distinguishing.
Claim(s) 15 – 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sueda in
view of Vascloff (US 6, 116, 154 A) and hereinafter "Vascloff".
Regarding claim 15, Sueda discloses the food holding unit of claim 12, wherein the pan
transporter includes a transporter stop; the transporter stop being arranged to engage the second stop of the support to position the pan transporter in the extended position (the movable stoppers (55A, 55B) cooperate with the fixed stoppers (54A, 54B) to move the sliding frame 15 in an extended position in which a front end position in which the sliding frame 15 protrudes forward or reward from the front opening 3, (0011 - 0012, 0017 - 0018, 0035, 0039 - 0041, please see FIG.1 and 7)).
Sueda does not explicitly teach the pan transporter includes a handle being disposed
below an elevation of the transporter stop.
Vascloff that relates to a management system that allows for manually manipulating a food pan for containing food products in a food warming apparatus (1:05 - 10), also teaches U- shaped handles 32 at each end of wire for pan holder 26 projecting forwardly thereof for handling a food pan 12 in and out of a warming apparatus 14, wherein vertical end portion 44 protrudes above the handles 32, (3:12 - 23 and please see FIG.3).
Therefore, it would have been obvious for one of ordinary skill in the art, before the
effective filling date of the claimed invention, to modify the slide frame 15 of Sueda to include
handles at each end of the slide frame 15 being disposed below an elevation of the movable
stoppers 55A of the slide frame 15 for better handling the food holding unit 16 in and out of the
food storage chamber 2 as taught in Vascloff. One of ordinary skill in the art apprised of Vascloff’ s handles, would simply and routinely incorporate the handles in the slide frame of Sueda with a reasonable expectation of success in order to better handle the food holder in out of the chamber.
Regarding claim 16, Sueda in view of Vascloff teaches the food holding unit of claim 15, wherein the transporter stop defines an upper-most portion of the pan transporter (the movable stoppers 55A of the sliding frame 15 are upper-most portion of the sliding frame 15, please see Seuda's FIG.3 annotated herein).
Regarding claim 17, Sueda in view of Vascloff teaches the food holding unit of claim 15, wherein the transporter stop includes an upper free end (the movable stopper 55A of the sliding frame 15 has a protruding upper portion from the sliding frame, please see Seuda's FIG.3 annotated herein).
Allowable Subject Matter
Claim 18 – 20 are allowable.
Response to Arguments
Applicant's arguments filed on 10/31/2025, see Remarks, pages 8 – 14, regarding the Non-Final Rejection on 07/131/2025 have been fully considered and the following response is given herein.
Regarding the Drawing and Specification objections.
The Drawing, Speciation amendments filed in response are sufficient to overcome the Drawing and Specification objections made in the Non-Final Rejection. As such, those objection are withdrawn.
Regarding the objection to claim 19
The arguments presented in the remarks regarding the objection of claim 19 are persuasive. As such, the objection to claim 19 is withdrawn.
Regarding the Rejection of Independent Claim 1 over Sueda
Applicant argues: independent claim 1 is now amended to recite "…the pan transporter being arranged to slide on the transporter support surface as the pan transporter moves between the stowed and extended positions." and Seuda’s pan transporter (sliding frame 15) uses moving rollers 23 to slide on the transporter support surface. Thus, the sliding frame 15 is “rolling” and not “sliding” as amended now.
The examiner finds this argument unpersuasive because:
Sueda discloses while to the sliding frame 15 uses rollers, the running rail 24 portion of the sliding frame 15 comes in contact with or abuts against the surface of the support rail 14, see ¶ 0034. Thus, Sueda teaches, in addition using the rollers to slide, the surfaces of the sliding frame 15 and the support rails 14 come in contact with one another, where the rollers are not located.
The amendment does not capture what is argued in the remarks. The broadest reasonable interpretation (BRI) of the amendment is not narrow enough to exclude rollers. As recited above, the amendment simply states one element (pan transporter) being arranged to slide on a surface of another (transporter support). That is, the “arrangement” of how the “sliding” is affected is outside the scope of the amendment. As recited in Sueda, the sliding frame 15 is sliding on the surfaces of the support rails 14 by using rollers to roll over the support rails 14 surface.
Applicant also argues that dependent claims 2 – 9 would be allowable by virtue of their dependency. The same response applies.
Regarding the Rejection of Independent Claim 10
Applicant argues: this claim is amended to recite "…the first stop of the support being arranged to engage the pan transporter to position the pan transporter in the stowed position.
This argument is moot now because the amended limitation is rejected by citing the part of Sueda that reads on the amendment. i.e. roller receiving portions 50 of the support rail 14 engages the sliding frame 15 to hold the frame in storage position, see the current rejection of claim 10.
Applicant also argues that dependent claims 12 - 13 and 15 - 17 would be allowable by virtue of their dependency. The same response applies
Regarding Rejection of Claims 18 - 20
This arguments regarding the rejection of claims 18 – 20 is moot now because claims 18 – 20 are currently marked allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761