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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/22/25 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase of Independent claims 1, 6 and 16, “the first and second vertically extending heat shields… and extend below a level of the upper surface of the main body”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification and drawings teach the first and second vertically extending heat shields, the specification and drawing are silent to the first and second heat shields “extend below a level of the upper surface of the main body”. In addition, the figures illustrate the heat shields terminating at the upper surface as opposed to “extend below a level of the upper surface of the main body”.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement due to the phrase of Independent claims 1, 6 and 16 “the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the main body”. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Though the specification and drawings teach the first and second vertically extending heat shields, the specification and drawing are silent to the first and second heat shields “extending downward from the upper surface and within the upper portion of the main body”. In addition, the figures illustrate the heat shields terminating at the upper surface as opposed to “extend below a level of the upper surface of the main body”. In addition, the drawings and specification is silent to the first and second heat shields “within the upper portion of the main body” since the main body is claimed specific to the “cabinet type structure” of Independent claims 1 and 16. The specification and drawings are silent to the first and second heat shields “within the upper portion of the main body”, i.e. within the “cabinet type structure”.
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 1-20 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 1-20 are rejected due to the phrase of Independent claims 1, 6 and 16 “and positioned between the one or more first gas burners of the first cooking portion and the one or more second gas burners of the oven portion since it is unclear if both the first and second heat shields in their entirety are positioned between the one or more first gas burners of the first cooking portion and the one or more second gas burners of the oven portion, if the phrase is with respect to portions of the first and second heat shields, i.e. a “panel” of each, or if the phrase is with respect to something different altogether.
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6-7, 9-10 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gagas et al. (20070028912).
Gagas teaches an outdoor cooking station configured to simultaneously and independently cook food with separate cooking modes (fig. 1 ref. 32a and 32c), the outdoor cooking station comprising:
a main body (fig. 1) including multiple panels interconnected to define a cabinet type structure (fig. 4; fig. 114) with a front side (fig. 4 ), a rear side (fig. 4), a left side (fig. 4) and a right side (fig. 4) each extending along an upper portion (fig. 1 ref. 58 par. 0066) and extending downward toward a lower end (fig. 4 relative bottom; par. 0066), the upper portion of the main body defining an upper surface (fig. 1 ref. 58 par. 0066), the main body extending to support a first cooking portion (fig. 1, 15 ref. 74, 174) and an oven portion of the main body (fig. 1 ref. 13 oven due to lid), the first cooking portion including flat cooking surface such that the first cooking member is configured to be supported by the upper portion of the main body (fig. 1, 15 extending therefrom) and positioned above one or more first gas burners (fig. 1 ref. 32c par. 0073) and above the upper surface of the main body (fig. 1 ref 74; above relative vertical axis), the oven portion positioned adjacent to one side of the first cooking portion portion (fig. 1), the oven portion including a cooking chamber defined by an internal wall (fig. 2 ref. 20, fig. 15 attachment point of cover/lid), the internal wall acting as a heat shield relative to an outer wall of the oven portion (fig. 2 ref. 20, fig. 15 attachment point of cover/lid, cover/lid taken as outer wall), the cooking chamber including an oven cooking surface positioned adjacent one or more second gas burners (fig. 4 ref. 124) and above the upper surface of the main body (fig. 2), the oven cooking surface and the other cooking surface being sized and configured to cook food independently from each other such that the one or more first gas burners are dedicated to solely heat the first cooking surface (par. 0067) and the one or more second gas burners are dedicated to solely heat the oven cooking surface within the cooking chamber of the oven portion (par. 0062)
wherein the main body includes a first vertically extending heat shield (fig. 2 ref. 20, fig. 15 attachment point of cover/lid) and a second vertically extending heat shield (fig. 1 ref. 76; par. 0067 relative sides of) the first and second vertically extending heat shields being panel structures (fig. 2, fig. 1 panel relative vertically extending) with a space therebetween (fig. 2 ref. 20, fig. 1 relative ref. 16) so as to extend between the front and rear sides of the main body (fig. 1, 2) and and positioned between the one or more first gas burners of the first cooking portion (fig. 1) and the one or more second gas burners of the oven portion (fig. 1).
Gagas teaches a side burner for providing an additional cooking surface relative a side burner (par. 0067) in addition to recognizing a cooking surface which could be a metal plate (par. 0064). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the metal plate alternative with respect to the side burner for its art recognized purpose of providing a base unit which further provides a second cooking surface capable of independent cooking control as taught by Gagas (par. 0021) such as by a griddle surface.
Though silent to the heat shields extend below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58) and since Gagas illustrates a first heat shield to be supported within the frame (fig. 4) and since Gagas teaches alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the heat shields below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface thus providing a same static structure which supports the first and second heat shields relative the horizontal axis.
Though teaching a heat shield within the upper portion of the main body relative fig. 4 and the frame ref. 58 and alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12), Gagas is silent to the second heat shield within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the cabinet structure relative the cooking surface ref. 74 (fig. 1) such as with respect to alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12) thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) as opposed to being exposed and further providing the advantage of additional enclosed space beneath for storage and in a second instance since extending the cabinet such that the second heat shield is within the upper portion of the main body. Since teaching such does not change the purpose and effect of the cooking surface, is significant or is anything more than one of numerous configurations a person of ordinary skill in the art would find obvious for the purpose of providing mating relative the frame as taught by Gagas and since such is an obvious alternative and does not provide unexpected results.
Claim 2, the main body comprises one or more heat shields extending below the one or more first gas burners (fig. 1 relative wall extending vertically ref. 62).
Claim 3, the side cooking portion includes a hood (fig. 1 ref. 76; par. 0067). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the cover as taught by Gagas pivotably relative the cooking surface since Gagas recognizes a pivoting hood for the main body and since such is an obvious means of covering the cooking surface as taught without having to remove and support the cover.
Claim 4, the cooking station includes burner knobs, some of the burner knobs solely dedicated to heat the griddle portion and one or more of the burner knobs solely dedicated to heat the oven portion (fig. 1 ref. 32a, 32c).
With respect to Independent claim 6, a portable outdoor cooking station configured to simultaneously and independently cook food with a fuel source (par. 0031), the portable outdoor cooking station comprising:
a main body (fig. 1) extending to define a front side (fig. 4), a rear side (fig. 4), a left side (fig. 4) and a right side (fig. 4) each extending between a lower end and an upper portion (fig. 4 verticality), the upper portion of the main body defining an upper surface (fig. 1 ref. 58 par. 0066) the main body including one or more first gas flame burners (par. 0067) and one or more second gas flame burners (par. 0065) each controlled along the front side and coupled to the main body (fig. 1 ref. 32a, 32c),
a side cooking portion including configured to be supported by the upper portion of the main body (fig. 1; attached to upper portion, supported) and positioned above the one or more first gas flame burners (par. 0067), the cooking surface with a splash guard extending upward from a periphery of the flat cooking surface (fig. 1 ref. 76; par. 0067 cover) the side cooking surface positioned above the upper surface of the main body (fig. 1 ref 74; above relative vertical axis)
an oven portion extending to define an external wall (fig. 4 ref. 120; back and sides; external relative sides position) with an oven opening defined therein (fig. 4 front side without ref. 120 height), the oven opening sized and configured to access a cooking chamber of the oven portion (fig. 4, fig. 11), the cooking chamber defined by an internal wall structure (fig. 2 ref. 16 area defined with lid) and a flat oven cooking surface (fig. 2 ref. 30), the internal wall structure spaced from the external wall to define an air gap therebetween (fig. 2, fig. 8 lid over ref. 120), the oven portion supported by the main body and heated by the one or more second gas flame burners (par. 0065) with the flat oven cooking surface positioned above the upper surface of the main body (fig. 2 ref. 30)
wherein the flat cooking surface and the flat oven cooking surface are each configured to cook food independent of each other and simultaneously from the fuel source and the fuel source (fig. 2 ref. 32a, 32c) and
wherein the main body includes a first vertically extending heat shield (fig. 2 ref. 20, fig. 15 attachment point of cover/lid) and a second vertically extending heat shield (fig. 1 ref. 76; par. 0067 relative sides of) the first and second vertically extending heat shields being panel structures (fig. 2, fig. 1 panel relative vertically extending) with a space therebetween (fig. 2 ref. 20, fig. 1 relative ref. 16) so as to extend between the front and rear sides of the main body (fig. 1, 2) and and positioned between the one or more first gas burners of the first cooking portion (fig. 1) and the one or more second gas burners of the oven portion (fig. 1).
Gagas teaches a side burner for providing an additional cooking surface relative a side burner (par. 0067) in addition to recognizing a cooking surface which could be a metal plate (par. 0064). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the metal plate alternative with respect to the side burner for its art recognized purpose of providing a base unit which further provides a second cooking surface capable of independent cooking control as taught by Gagas (par. 0021) such as by a griddle surface.
Though silent to the heat shields extend below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58) and since Gagas illustrates a first heat shield to be supported within the frame (fig. 4) and since Gagas teaches alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the heat shields below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface thus providing a same static structure which supports the first and second heat shields relative the horizontal axis.
Though teaching a heat shield within the upper portion of the main body relative fig. 4 and the frame ref. 58 and alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12), Gagas is silent to the second heat shield within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the cabinet structure relative the cooking surface ref. 74 (fig. 1) such as with respect to alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12) thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) as opposed to being exposed and further providing the advantage of additional enclosed space beneath for storage and in a second instance since extending the cabinet such that the second heat shield is within the upper portion of the main body. Since teaching such does not change the purpose and effect of the cooking surface, is significant or is anything more than one of numerous configurations a person of ordinary skill in the art would find obvious for the purpose of providing mating relative the frame as taught by Gagas and since such is an obvious alternative and does not provide unexpected results.
Though silent to a second different fuel source, Gagas does teach the fuel supply for providing individual control of multiple different cooking areas (par. 0031, fig. 1 ref. 32a, 32c). Thus it would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach a second fuel source in addition to the first since the mere scaling up or down of a prior art process capable of being scaled up, or down, if such were the case, would not establish patentability in a claim and providing a second fuel source for its same art recognized purpose of providing individual heat to multiple different cooking areas as taught by Gagas.
Claim 7, the main body comprises one or more heat shields extending below the one or more first gas burners (fig. 1 relative wall extending vertically ref. 62).
Claim 9, the internal wall structure comprises a heat shield, the heat shield extending to at least partially surround the flat oven cooking surface (fig. 1 ref. 13 lid).
Claim 10, wherein the flat oven cooking surface is positioned on a support panel (fig. 3 where ref. 30, the cooking surface is supported on right and left of figure; alternatively where position on is taken with respect to above fig. 3 ref. 28) such that the support panel is positioned adjacent the one or more second gas flame burners (fig. 3, ref. 28 above).
Claim 12, wherein the one or more second gas flame burners is positioned below the support panel (fig. 3) so that heat from the one or more second gas flame burners moves along an underside of the support panel and so that heat moves upward through a gap (holes) between the support panel and the internal wall structure (fig. 3).
Claim 13, wherein the one or more first gas flame burners is coupled to a first hose, the first hose configured to feed fuel from the first fuel source and to the one or more first gas flame burners (par. 0067; fig. 1; par. 0073; fig. 6), and wherein the one or more second gas flame burners is coupled to a second hose, the second hose configured to feed fuel from the second fuel source and to the one or more second gas flame burners (par. 0073 fig. 6).
Claim 14, wherein the main body includes burner knobs along the front side of the main body, some of the burner knobs solely dedicated to control gas flow through the one or more first gas flame burners to provide heat to the griddle portion (par. 0067; fig. 1 ref. 32c), and some of the burner knobs solely dedicated to control gas flow through the one or more second gas flame burners to provide heat to the oven portion (par. 0062; fig. 1 ref. 32a).
Claim 15, Gagas teaches the side cooking portion includes a cover, sized and configured to cover the side cooking surface (fig. 1 ref. 76; par. 0067).
With respect to Independent claim 16, a method for cooking food in the outdoors with a fuel source (par. 0031), the method comprising:
providing a portable outdoor cooking station with a main body, the main body including multiple panels interconnected to define a cabinet type structure with a front side, a rear side, a left side and a right side each extending along an upper portion and extending downward toward a lower end (fig. 4 right figure) the upper portion of the main body defining an upper surface (fig. 1 ref. 58 par. 0066), the upper portion of the main body extending to support a first side cooking portion (par. 0067) and an oven portion (fig. 1 ref. 110), the side cooking portion including a cooking surface positioned above one or more first gas flame burners (par. 0067) and above the upper surface of the main body (fig. 1 ref. 74 above relative vertical axis), the oven portion including an external wall (fig. 4 ref. 120; back and sides; external relative sides position) defining an oven opening defined therein for accessing a cooking chamber (fig. 4 front side without ref. 120 height), the cooking chamber defined by an internal wall structure (fig. 2 ref. 16 area defined with lid) and an oven cooking surface positioned above the upper surface of the main body (fig. 2 ref. 30) such that the cooking chamber is configured to be heated with one or more second gas flame burners (par. 0065),
the portable outdoor cooking station including a first vertically extending heat shield (fig. 2 ref. 20, fig. 15 attachment point of cover/lid) and a second vertically extending heat shield (fig. 2 ref. 76; par. 0067 relative sides of), the first and second vertically extending heat shields positioned with a space therebetween (fig. 2 ref. 20, fig. 1 relative ref. 16) so as to extend between the front and rear sides of the main body (fig. 1, 2), the first and second vertically extending heat shields positioned between the one or more first gas burners of the first cooking portion (fig. 1) and the one or more second gas burners of the oven portion (fig. 1)
heating the side cooking surface with the one or more first gas flame burners that are configured to receive fuel from the first fuel source and configured to solely heat the cooking surface (par. 0067) and
heating the cooking chamber with the one or more second gas flame burners that are configured to receive fuel from the fuel source and configured to solely heat the cooking chamber of the oven portion (par. 0062)
wherein, upon heating the cooking surface with the one or more first gas flame burners, the first and second vertically extending heat shields minimize heating components of the oven portion (par. 0067; cover; enclosed)
and wherein, upon heating the cooking chamber with the one or more second gas flame burners, the first and second vertically extending heat shields minimize heating components of the second cooking portion (par. 0062; relative both, lid).
Gagas teaches a side burner for providing an additional cooking surface relative a side burner (par. 0067) in addition to recognizing a cooking surface which could be a metal plate (par. 0064). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the metal plate alternative with respect to the side burner for its art recognized purpose of providing a base unit which further provides a second cooking surface capable of independent cooking control as taught by Gagas (par. 0021) such as by a griddle surface.
Though silent to the heat shields extend below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58) and since Gagas illustrates a first heat shield to be supported within the frame (fig. 4) and since Gagas teaches alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the heat shields below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface thus providing a same static structure which supports the first and second heat shields relative the horizontal axis.
Though teaching a heat shield within the upper portion of the main body relative fig. 4 and the frame ref. 58 and alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12), Gagas is silent to the second heat shield within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the cabinet structure relative the cooking surface ref. 74 (fig. 1) such as with respect to alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12) thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) as opposed to being exposed and further providing the advantage of additional enclosed space beneath for storage and in a second instance since extending the cabinet such that the second heat shield is within the upper portion of the main body. Since teaching such does not change the purpose and effect of the cooking surface, is significant or is anything more than one of numerous configurations a person of ordinary skill in the art would find obvious for the purpose of providing mating relative the frame as taught by Gagas and since such is an obvious alternative and does not provide unexpected results.
Though silent to a second different fuel source, Gagas does teach the fuel supply for providing individual control of multiple different cooking areas (par. 0031, fig. 1 ref. 32a, 32c). Thus it would have been obvious to one of ordinary skill in the art at the time the invention was filed to teach a second fuel source in addition to the first since the mere scaling up or down of a prior art process capable of being scaled up, or down, if such were the case, would not establish patentability in a claim and providing a second fuel source for its same art recognized purpose of providing individual heat to multiple different cooking areas as taught by Gagas.
Claim 17, minimizing heat flow from the heating the side cooking surface with one or more heat shields positioned below to the one or more first gas flame burners of the griddle portion (fig. 1 area encompassed by ref. 62).
Claim 18, wherein the heating the side cooking surface comprises activating one or more first burner knobs positioned along a first side of the main body and directly linked to the one or more first gas flame burners (fig. 1 ref. 32c; par. 0067).
Claim 19, wherein the heating the cooking chamber comprises activating one or more second burner knobs positioned along a second side of the main body and directly linked to the one more second gas flame burners (fig. 1 ref. 32a par. 0062).
Claim 20, the heating the side cooking surface and the heating the cooking chamber comprises heating the side cooking surface and the cooking chamber independently (fig. 1 ref. 32a, 32c). Though silent to explicitly teaching simultaneous heating, since Gagas teaches independent control. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to simultaneously heat in both areas for its art recognized purpose of providing independent cooking of different foods at a singular time
• Claims 5, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Gagas et al. (20070028912) in view of Fagg et al. (20170238760; ref. cited 2/24/25).
Gagas is taken as above.
Gagas teaches the need exists for a grill where additional features can be added (par. 0021) and thus one of ordinary skill in the art would have been motivated to look to the art of additional functions of grills which take the form of an oven which holds the heat and can be selectively activated as further taught by Gagas (par. 0006).
Fagg teaches a grill conversion kit which provides additional cooking features including as a pizza oven (par. 0066) by providing a rotator assembly for rotating a pizza stone (par. 0069).
Thus with respect to claim 5, since Gagas teaches the advantage of providing additional cooking features, since both teach gas grills and since Fagg teaches the addition of a stone support surface sized and configured to rotate during cooking (par. 0066). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further provide the cooking surface positionable on a support panel, the support panel being sized and configured to rotate for rotating the oven cooking surface as taught by Fagg thus achieving the desired advantage of a grill where additional features can be added as taught by Gagas (par. 0021) such as in the instant case providing the grill for a desired cooking purpose which provides proper cooking control and even heating due to rotation during cooking as taught by Fagg (par. 0104).
With respect to claim 8, since Gagas teaches the advantage of providing additional cooking features, since both teach gas grills and since Fagg teaches the addition of a stone support surface sized and configured to rotate during cooking (par. 0066). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the internal wall structure with an upper stone, where upper stone is not limited by a lower stone or relative the cooking chamber, the upper stone extending substantially parallel relative to the flat oven cooking surface as taught by Fagg (par. 0069) thus achieving the desired advantage of a grill where additional features can be added as taught by Gagas (par. 0021) such as in the instant case providing the grill for a desired cooking purpose which provides proper cooking control and even heating due to rotation during cooking as taught by Fagg (par. 0104).
With respect to claim 11, since Gagas teaches the advantage of providing additional cooking features, since both teach gas grills and since Fagg teaches the support panel comprises a rod coupled centrally to the support panel (fig. 3a, 3b par. 0082-0083), the rod extending downward from the support panel to a motor (par. 0084), the motor configured to rotate the rod so that the support panel and the flat oven cooking surface rotate (par. 0084). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings and provide the additional cooking feature as desired by Gagas to include a rod extending downward from the support panel to a motor (par. 0084), the motor configured to rotate the rod so that the support panel and the flat oven cooking surface rotate (par. 0084) as taught by Fagg thus achieving the desired advantage of a grill where additional features can be added as taught by Gagas (par. 0021) such as in the instant case providing the grill for a desired cooking purpose which provides proper cooking control and even heating due to rotation during cooking as taught by Fagg (par. 0104).
Response to Arguments
With respect to applicants urging directed to Gagas. Importantly Gagas teaches the main body including a frame (fig. 1 ref. 58) and Gagas illustrates a first heat shield to be supported within the frame (fig. 4)
Though silent to the heat shields extend below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58) and since Gagas illustrates a first heat shield to be supported within the frame (fig. 4) and since Gagas teaches alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the heat shields below a level of the upper surface of the main body, the first and second vertically extending heat shields extending downward from the upper surface thus providing a same static structure which supports the first and second heat shields relative the horizontal axis.
Though teaching a heat shield within the upper portion of the main body relative fig. 4 and the frame ref. 58 and alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12), Gagas is silent to the second heat shield within the upper portion of the main body. Since Gagas teaches the main body including a frame (fig. 1 ref. 58). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to extend the cabinet structure relative the cooking surface ref. 74 (fig. 1) such as with respect to alternate embodiments which provides an area outside of the main cooking environment which is supported at least partially within the panels of the main body (fig. 11, fig. 12) thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) as opposed to being exposed and further providing the advantage of additional enclosed space beneath for storage and in a second instance since extending the cabinet such that the second heat shield is within the upper portion of the main body. Since teaching such does not change the purpose and effect of the cooking surface, is significant or is anything more than one of numerous configurations a person of ordinary skill in the art would find obvious for the purpose of providing mating relative the frame as taught by Gagas and since such is an obvious alternative and does not provide unexpected results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Leff whose telephone number is (571) 272-6527. The examiner can normally be reached on Mon-Fri 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN N LEFF/ Primary Examiner, Art Unit 1792