DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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) in view of Meether et al. (20080245357).
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 cabinet type structure defining an upper surface (fig. 1 ref. 58 par. 0066), the cabinet type structure including one or more first gas burners (fig. 6, fig. 1 relative ref. 32a) and one or more second gas burners (fig. 1 ref. 32c; fig. 6), the upper portion of the cabinet type structure directly supporting (fig. 1, 15 extending therefrom) a second cooking surface (fig. 1 ref. 74) and an oven portion (fig. 1 ref. 16; par. 0006), the second cooking portion having a cooking surface such that the second cooking member is configured to be supported above the upper portion and positioned above the one or first gas burners (fig. 1 ref. 32c par. 0073; relative horizontal axis) and above the upper surface of the cabinet type structure (fig. 1 relative horizontal axis), the oven portion positioned adjacently to one side of the second cooking surface (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 being at least partially surrounded by 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 (par. 0064 metal plate) positioned adjacently and directly above the one or more second gas burners (fig. 4 ref. 124) and above the upper surface of the cabinet type structure (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 cabinet type structure of 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) 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 cabinet type structure (fig. 1, 2) and positioned between the one or more first gas burners (fig. 1) and the one or more second gas burners (fig. 1).
Gagas teaches a problem with present grills is the inability to add features at a later time (par. 0016) and a solution comprising modular base unit for receiving various modular components including a side burner (par. 0028) and thus one of ordinary skill in the art would have been motivated to look to the art of modular grills with interchangeable cooking assemblies as taught by Meether.
Meether teaches the modular grill with interchangeable cooking assemblies including a griddle portion to the side of a first cooking oven (par. 0038)
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). Thus since both teach the addition of side burners for providing the advantage of additional cooking surfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the metal plate alternative with respect to the side burner as taught by Gagas such as griddle surface as taught by Meether (par. 0038) 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 as taught by Meether and providing a same solution of the ability to add on components and achieve increased flexibility by providing multiple independent cooking surfaces as taught by both (par. 0034).
Gagas teaches the grill and side burner can be integrated into a cabinet or mobile unit (par. 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the griddle surface positioned directly over the upper portion of the cabinet type structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of additional storage space for cooking accessories including additional modular components and since substituting one cabinet structure with that of Meether which extends relative the side burner thus further providing a same static structure which supports the first and second cooking components relative the horizontal axis and provides usable storage below as further taught by Meether (par. 0051).
Since both teach second gas burners. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the second gas burner within the upper portion of the cabinet structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of housing the side gas burner as desired by Gagas (fig. 1 housing of burner) and providing the advantage of preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028)
Though silent to the heat shields extend below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet. Gagas teaches the main body including a cabinet below the oven portion and providing from the propane tank a second burner by connection with the gas manifold (fig. 1 relative ref. 32c; fig. 6) in addition to illustrating first and second adjacent side walls providing support structures of the separate cooking surfaces, where Meether teaches the first and second side walls for providing connect features of the additional cooking surface (fig. 11). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to further extend the side walls, in the instant case the heat shields, below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) and burner as taught by both as opposed to being exposed and further providing the advantage of additional shielding of the burners relative different cooking areas on a horizontal axis and achieving the additional advantage of modular assembly as taught thus preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028).
Claim 2, the cabinet type structure comprises one or more heat shields extending directly below the one or more first gas burners (fig. 3 ref. 19, par. 0062).
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 before the effective filing date of claimed invention 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) with a cabinet type structure (fig. 4; fig. 114) 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 cabinet type structure defining an upper surface (fig. 1 ref. 58 par. 0066) the cabinet type structure including one or more first gas flame burners (par. 0067) and one or more second gas flame burners (par. 0065) above the upper surface of the cabinet type structure (fig. 2) 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 cabinet type structure (fig. 1; attached to upper portion, supported) and positioned directly above (fig. 1 ref. 74) 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 portion of the cabinet type structure (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; par. 0064), 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 directly supported by the upper portion of the cabinet type structure (fig. 1) and heated by the one or more second gas flame burners (par. 0065) with the flat oven cooking surface (fig. 2 ref. 30; par. 0064) positioned above the upper surface of the cabinet type structure (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 upper portion of the cabinet type structure of 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) 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 cabinet type structure (fig. 1, 2) and positioned between the one or more first gas burners (fig. 1) and the one or more second gas burners (fig. 1).
Gagas teaches a problem with present grills is the inability to add features at a later time (par. 0016) and a solution comprising modular base unit for receiving various modular components including a side burner (par. 0028) and thus one of ordinary skill in the art would have been motivated to look to the art of modular grills with interchangeable cooking assemblies as taught by Meether.
Meether teaches the modular grill with interchangeable cooking assemblies including a griddle portion to the side of a first cooking oven (par. 0038)
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). Thus since both teach the addition of side burners for providing the advantage of additional cooking surfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the metal plate alternative with respect to the side burner as taught by Gagas such as griddle surface as taught by Meether (par. 0038) 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 as taught by Meether and providing a same solution of the ability to add on components and achieve increased flexibility by providing multiple independent cooking surfaces as taught by both (par. 0034).
Gagas teaches the grill and side burner can be integrated into a cabinet or mobile unit (par. 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the griddle surface positioned directly over the upper portion of the cabinet type structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of additional storage space for cooking accessories including additional modular components and since substituting one cabinet structure with that of Meether which extends relative the side burner thus further providing a same static structure which supports the first and second cooking components relative the horizontal axis and provides usable storage below as further taught by Meether (par. 0051).
Since both teach second gas burners. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the second gas burner within the upper portion of the cabinet structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of housing the side gas burner as desired by Gagas (fig. 1 housing of burner) and providing the advantage of preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028)
Though silent to the heat shields extend below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet. Gagas teaches the main body including a cabinet below the oven portion and providing from the propane tank a second burner by connection with the gas manifold (fig. 1 relative ref. 32c; fig. 6) in addition to illustrating first and second adjacent side walls providing support structures of the separate cooking surfaces, where Meether teaches the first and second side walls for providing connect features of the additional cooking surface (fig. 11). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to further extend the side walls, in the instant case the heat shields, below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) and burner as taught by both as opposed to being exposed and further providing the advantage of additional shielding of the burners relative different cooking areas on a horizontal axis and achieving the additional advantage of modular assembly as taught thus preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028).
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 before the effective filing date of claimed invention 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 cabinet type structure comprises one or more heat shields extending directly below the one or more first gas burners (fig. 3 ref. 19, par. 0062).
Claim 9, the internal wall structure 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 (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 cabinet type structure defining an upper surface (fig. 1 ref. 58 par. 0066), the cabinet type structure including one or more first gas burners (fig. 6, fig. 1 relative ref. 32a) and one or more second gas burners (fig. 1 ref. 32c; fig. 6), the upper portion of the cabinet type structure directly supporting (fig. 1, 15 extending therefrom) a second cooking surface (fig. 1 ref. 74) and an oven portion (fig. 1 ref. 16; par. 0006), the second cooking portion having a cooking surface such that the second cooking member is configured to be supported above the upper portion and positioned above the one or first gas burners (fig. 1 ref. 32c par. 0073; relative horizontal axis) and above the upper surface of the cabinet type structure (fig. 1 relative horizontal axis), the oven portion positioned adjacently to one side of the second cooking surface (fig. 1), the oven portion including an external wall defining an oven opening therein for accessing a cooking chamber (fig. 2 ref. 20, fig. 15 attachment point of cover/lid), the cooking defined by an internal wall (fig. 2 ref. 20, fig. 15 attachment point of cover/lid, cover/lid taken as outer wall) and an oven cooking surface (par. 0064 metal plate) positioned above the upper surface of the cabinet type structure (fig. 2) such that the cooking chamber is configured to be heated with the one or more second gas flame burners, the upper portion of the cabinet type structure 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 cabinet type structure (fig. 1, 2), the first and second vertically extending heat shields and positioned between the one or more first gas burners (fig. 1) and the one or more second gas burners (fig. 1).
heating 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 associated with 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 associated with the second cooking portion (par. 0062; relative both, lid).
Gagas teaches a problem with present grills is the inability to add features at a later time (par. 0016) and a solution comprising modular base unit for receiving various modular components including a side burner (par. 0028) and thus one of ordinary skill in the art would have been motivated to look to the art of modular grills with interchangeable cooking assemblies as taught by Meether.
Meether teaches the modular grill with interchangeable cooking assemblies including a griddle portion to the side of a first cooking oven (par. 0038)
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). Thus since both teach the addition of side burners for providing the advantage of additional cooking surfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the metal plate alternative with respect to the side burner as taught by Gagas such as griddle surface as taught by Meether (par. 0038) 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 as taught by Meether and providing a same solution of the ability to add on components and achieve increased flexibility by providing multiple independent cooking surfaces as taught by both (par. 0034).
Gagas teaches the grill and side burner can be integrated into a cabinet or mobile unit (par. 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the griddle surface positioned directly over the upper portion of the cabinet type structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of additional storage space for cooking accessories including additional modular components and since substituting one cabinet structure with that of Meether which extends relative the side burner thus further providing a same static structure which supports the first and second cooking components relative the horizontal axis and provides usable storage below as further taught by Meether (par. 0051).
Since both teach second gas burners. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the second gas burner within the upper portion of the cabinet structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of housing the side gas burner as desired by Gagas (fig. 1 housing of burner) and providing the advantage of preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028)
Though silent to the heat shields extend below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet. Gagas teaches the main body including a cabinet below the oven portion and providing from the propane tank a second burner by connection with the gas manifold (fig. 1 relative ref. 32c; fig. 6) in addition to illustrating first and second adjacent side walls providing support structures of the separate cooking surfaces, where Meether teaches the first and second side walls for providing connect features of the additional cooking surface (fig. 11). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to further extend the side walls, in the instant case the heat shields, below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) and burner as taught by both as opposed to being exposed and further providing the advantage of additional shielding of the burners relative different cooking areas on a horizontal axis and achieving the additional advantage of modular assembly as taught thus preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028).
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 before the effective filing date of claimed invention 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 the front 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 the front 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 before the effective filing date of claimed invention 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 Meether et al. (20080245357) and 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 before the effective filing date of claimed invention 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 before the effective filing date of claimed invention 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 before the effective filing date of claimed invention 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. Gagas teaches the grill and side burner can be integrated into a cabinet or mobile unit (par. 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the griddle surface positioned directly over the upper portion of the cabinet type structure as taught by Meether (fig. 1, 2) thus achieving a same desired cabinet structure as taught by Gagas and providing the advantage of additional storage space for cooking accessories including additional modular components and since substituting one cabinet structure with that of Meether which extends relative the side burner thus further providing a same static structure which supports the first and second cooking components relative the horizontal axis and provides usable storage below as further taught by Meether (par. 0051).
With respect to applicants urging Gagas is silent to the heat shields extending below the upper surface. Gagas teaches the main body including a cabinet below the oven portion and providing from the propane tank a second burner by connection with the gas manifold (fig. 1 relative ref. 32c; fig. 6) in addition to illustrating first and second adjacent side walls providing support structures of the separate cooking surfaces, where Meether teaches the first and second side walls for providing connect features of the additional cooking surface (fig. 11). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to further extend the side walls, in the instant case the heat shields, below a level of the upper surface of the cabinet type structure, the first and second vertically extending heat shields extending downward from the upper surface and within the upper portion of the cabinet thus providing an obvious alternative and the advantage of a housing for the gas supply line (fig. 1) and burner as taught by both as opposed to being exposed and further providing the advantage of additional shielding of the burners relative different cooking areas on a horizontal axis and achieving the additional advantage of modular assembly as taught thus preventing users from burning themselves on parts of the grill by housing the burners out of the way of a user that is cooking on the other cooking surface as taught by Meether (par. 0028).
With respect to applicants urging Gagas teaches away from the modification due to the modular features and would not result facilitate the quick disconnect feature. Gagas teaches a problem with present grills is the inability to add features at a later time (par. 0016) and a solution comprising modular base unit for receiving various modular components including a side burner (par. 0028) and thus one of ordinary skill in the art would have been motivated to look to the art of modular grills with interchangeable cooking assemblies as taught by Meether.
Meether teaches the modular grill with interchangeable cooking assemblies including a griddle portion to the side of a first cooking oven (par. 0038)
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). Thus since both teach the addition of side burners for providing the advantage of additional cooking surfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to provide the metal plate alternative with respect to the side burner as taught by Gagas such as griddle surface as taught by Meether (par. 0038) 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 as taught by Meether and providing a same solution of the ability to add on components and achieve increased flexibility by providing multiple independent cooking surfaces as taught by both (par. 0034).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/STEVEN N LEFF/ Primary Examiner, Art Unit 1792
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