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
Applicant is thanked for their July 28, 2026 response to the Office Action filed April 28, 2026. The amendment has been entered and, accordingly, claims 1 and 13 have been amended. Claims 1-2 and 4-17 are currently pending in this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an air mover” in claim 13, which is being interpreted as a fan, as described in Applicant’s specification (page 6 line 26 and page 7 line 3), or equivalent.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-6, and 8-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent Publication 2015/0362196 by Chen et al (hereinafter “Chen”).
Regarding claim 1, Chen discloses a filter (Abstract, baffle assembly 10) for filtering cooking juice particles from air circulating within a cooking apparatus (referenced filter is capable of being used for this intended use), wherein the filter (Fig 1 baffle assembly 10; particularly baffle section 14) is configured to be mounted on the cooking apparatus such that a base plate (Fig 5B and Fig 8; in particular, the base walls 26A of baffle section 14 which can be interpreted as being in a plane) of the filter is in a plane parallel with a plate direction (DP) (the plane is that which includes 26A and the plate direction being parallel with this plane), the plate direction having a component in a vertical direction (Fig 6A, filter shown in a use position with plate direction having a vertical component), wherein the filter comprises:
the base plate (Fig 5B base walls 26A of channels 18 in baffle section 14), wherein the base plate comprises one or more openings for circulating air to pass through the filter (Fig 5B spacing 30 between channels 26; paragraph [0028]); and
one or more projecting plate portions projecting from the base plate (Fig 4 and Fig 8, projections 26B at edges of channels 26), the one or more projecting plate portions extending partially from at least one upper corner to lateral edges of respective openings of the one or more openings in the base plate (Figs 5B and 5C, each projecting plate portion 26B baffle channels 26 extends from an upper corner of an opening 22 and to lateral edge of opening 22), wherein each of the one or more projecting plate portions partially overlaps the one or more openings in a direction parallel with the plane of the base plate (Fig 8 projecting plate portions 26B shown at least partially overlapping openings 30), wherein the one or more projecting plate portions create a tortuous path for the circulating air to pass through the one or more openings, such that the cooking juice particles entrained within the circulating air collect on the filter, as the circulating air passes through the one or more openings (as shown in Fig 8), and wherein the base plate comprises one or more channelling portions extending in the plate direction (Fig 5B channels 26), and wherein the one or more channelling portions form one or more surfaces for cooking juices collecting on the base plate to flow in the plate direction (Fig 4 and Fig 8; paragraph [0036]-[0037]).
Please note that the claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Accordingly, where claim 1 recites “extending partially from at least one upper corner to lateral edges of respective openings,” “extending partially” is interpreted to mean that a part of the projecting plate portions extend as described, that is from at least one upper corner (of respective openings) to lateral edges of respective openings in the base plate.
Regarding claim 2, Chen discloses the filter of claim 1 (see details in claim 1 rejection above), wherein the one or more projecting plate portions project away from the plane of the base plate (Fig 5B).
Regarding claim 4, Chen discloses the filter of claim 2 (see details in claim 2 rejection above), wherein the one or more channelling portions are provided between a pair of the one or more openings and/or the one or more projecting plate portions (Fig 5B and Fig 8 channels 26, particularly channel base 26A, between openings 30 and projecting plate portions 26B).
Regarding claim 5, Chen discloses the filter of claim 1 (see details in claim 1 rejection above), wherein the one or more channelling portions of the filter are arranged to create one or more continuous surfaces for the cooking juices to flow over from one of the one or more openings to below another of the openings (Fig 4 and Fig 5B show the continuous surfaces of channel base wall 26A; paragraph [0037], channel(s) 26 provide surfaces for grease to flow over from one of openings 30 to trough 62, which is below each of the openings; note that “from one of the one or more openings” is interpreted to mean from an area near the opening, since the juice does not collect on the opening).
Regarding claim 6, Chen discloses the filter of claim 1 (see details in claim 1 rejection above), wherein the filter is configured to interact with a drip tray at a lower end of the filter, the drip tray for receiving the cooking juices that have flowed down the filter (Fig 6A drainage trough 62; paragraph [0037] line 20-24).
Regarding claim 8, Chen discloses the filter of claim 6 (see details in claim 6 rejection above, wherein the filter comprises an upstream side (bottom of Fig 5B) and a downstream side (top of Fig 5B), and wherein an opening of one or more openings into the drip tray extends between the upstream side and the downstream side of the base plate such that the cooking juices flowing over the upstream side and the downstream side of the filter enters the drip tray (Fig 5B holes 27 drain cooking juices from at least the upstream side and juices from the downstream side would also drain downward into trough 62).
Regarding claim 9, Chen discloses the filter of claim 6 (see details in claim 6 rejection above), wherein the one or more channelling portions of the filter (channels 26, particularly base walls 26A) are configured to create the one or more continuous surfaces for the cooking juices to flow over from one or more of the openings to the drip tray (Fig 4 shows channels 26 with a continuous surface; paragraph [0037]).
Regarding claim 10, Chen discloses the filter of claim 1 (see details in claim 1 rejection above), wherein the one or more openings extend principally in the plate direction (DP) (Fig 5B, openings 30 extend through the base plate in the plate direction).
Regarding claim 11, Chen discloses the filter of claim 1 (see details in claim 1 rejection above), wherein each of the one or more openings are spaced apart from another opening in a lateral direction of the filter (Fig 5B openings 30 are spaced apart from one another in a direction perpendicular to the base plate).
Please note that the claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Accordingly, where claim 11 recites “each of the one or more openings is spaced apart from one another opening in a lateral direction of the filter,” “a lateral direction of the filter” is interpreted to mean “a direction perpendicular to the plate direction” as stated in the Applicant’s specification (page 4 line 14-15).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of US Patent No 6,454,825 issued to Cheimets et al (hereinafter “Cheimets”).
Regarding claim 7, Chen discloses the filter of claim 6 (see details in claim 6 rejection above). But Chen does not disclose that the drip tray is integrally formed with the filter.
However, Cheimets teaches a baffle filter (Abstract; Fig 1) with a drip tray (Fig 1 through 16) wherein the drip tray is integrally formed with the filter (col 3 line 8-10). Cheimets teaches that this is advantageous because it is less expensive and less complicated to install than separate components and it prevents the components from being separated or lost (col 1 line 43-47).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the filter of Chen by forming the drip tray integral to the filter in order to reduce expense and simplify installation and prevent components from becoming separated or lost.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chen.
Regarding claim 12, Chen discloses the filter of claim 1 (see details in claim 1 rejection above). Chen does not explicitly disclose that the one or more openings are arcuate in the plane of the base plate.
However, it would have been obvious to modify the filter of Chen by forming the one or more openings such that they are arcuate in the plane of the base plate, since doing so would produce a predictable and equally desirable result. It has been held (In re Dailey, 357 F.2d 669, 149 USPQ 47) that mere change in shape/orientation has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI-B). Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No 10,383,477 issued to Payen et al (hereinafter “Payen”) in view of Chen.
Regarding claim 13, Payen discloses a cooking apparatus (Title) comprising:
a chamber to receive food items to be cooked (Fig 2 food receiver 2; col 4 line 29-30);
an air mover arranged to one side of the chamber, to circulate air around an interior of the cooking apparatus through the chamber (Fig 2 generating means 3 for generating air flow provided by fan 15, air flow shown with arrows; col 9 line 59-64);
a heater arranged to the one side of the chamber, to heat the air circulated by the air mover (Fig 2 heat generating element 13; col 9 line 39-42);
and a filter mounted on the cooking apparatus between the chamber and the heater (col 10 line 16-18, a filter can be provided at 6A).
But Payen does not explicitly disclose that the filter is mounted such that a base plate of the filter is in a plane parallel with a plate direction (DP) having a component in a vertical direction, wherein the base plate comprises one or more openings for circulating air to pass through the filter, wherein the filter comprises one or more projecting plate portions projecting from the base plate, the one or more projecting plate portions extending partially from at least one upper corner to lateral edges of respective openings of the one or more openings in the base plate, wherein each of the one or more projecting plate portions partially overlaps the one or more openings in a direction parallel with the plane of the base plate, wherein the one or more projecting plate portions create a tortuous path for the circulating air to pass through the one or more openings, such that the cooking juice particles entrained within the circulating air collect on the filter, as the circulating air passes through the one or more openings, and wherein the base plate comprises one or more channelling portions extending in the plate direction, and wherein the one or more channelling portions form one or more surfaces for cooking juices collecting on the base plate to flow in the plate direction.
However, Chen teaches a filter (Fig 1 baffle assembly 10) for filtering grease from cooking (paragraph 0003]) mounted such that a base plate of the filter (Fig 5B and Fig 8; the base wall(s) 26A of baffle section 14 which can be interpreted as being in a plane) is in a plane parallel with a plate direction (DP) having a component in a vertical direction (Fig 6A), wherein the base plate comprises one or more openings for circulating air to pass through the filter (Fig 5B spacing 30; paragraph [0028]), wherein the filter comprises one or more projecting plate portions projecting from the base plate (Fig 4 and Fig 8, projections 26B at edges of channels 26), the one or more projecting plate portions extending partially from at least one upper corner to lateral edges of respective openings of the one or more openings in the base plate (Figs 5B and 5C, each projecting plate portion 26B of baffle channels 26 extends from an upper corner of an opening 30 and to lateral edge of opening 30), wherein each of the one or more projecting plate portions partially overlaps the one or more openings in a direction parallel with the plane of the base plate (Fig 8 projecting plate portions 26B shown at least partially overlapping openings 30), and wherein the base plate comprises one or more channelling portions extending along edges of the one or more openings in the plate direction (Fig 5B base plate 26A makes up base of channel 26 to channel grease), and wherein the one or more channelling portions form one or more surfaces for cooking juices collecting on the base plate to flow in the plate direction (Fig 4 and Fig 8, paragraph [0037]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cooking apparatus of Payen by using for the filter that taught by Chen. The use of such types of filters, known as baffle filters, are known in the art, as are the advantages thereof. One of ordinary skill would be motivated to use the filter of Chen since such filters are durable, long-lasting, easy to clean, effectively trap and collect grease particles, and allow for easy removal of the grease. They may also offer advantages in fire safety and noise reduction compared to other filters.
Please note that the claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Accordingly, where claim 13 recites “extending partially from at least one upper corner to lateral edges of respective openings,” “extending partially” is interpreted to mean that a part of the projecting plate portions extends as described, that is from at least one upper corner (of respective openings) to lateral edges of respective openings in the base plate.
Regarding claim 14, Payen/Chen discloses the cooking apparatus of claim 13 (see details in claim 13 rejection above, including motivation for one of ordinary skill to modify). Chen further teaches a drip tray arranged to receive the cooking juices flowing in the plate direction (DP) (Fig 6A drainage trough 62; paragraph [0037] line 20-24).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention, having modified the cooking apparatus of Payen with the filter of Chen to further include the drip tray taught by Chen in order to collect the grease from the filter so that it can be contained and removed.
Regarding claim 15, Payen/Chen discloses the cooking apparatus of claim 14 (see details in claim 14 rejection above, including motivation for one of ordinary skill to modify). Chen further teaches that an opening of the one or more openings into the drip tray is arranged relative to the filter such that the cooking juices flowing over an upstream surface and a downstream surface of the base plate are received by the drip tray (Fig 5B holes 27 drain cooking juices from upstream side and juices from the downstream side would also drain downward into trough 62).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention, having modified the cooking apparatus of Payen with the filter of Chen, that an opening of the one or more openings into the drip tray would be arranged relative to the filter such that the juices flowing over the upstream and downstream surface of the base plate are received by the drip tray, so that the drip tray can efficiently collect grease captured by the filter, allowing the grease to be easily contained and removed.
Regarding claim 16, Payen/Chen discloses the cooking apparatus of claim 13 (see details in claim 13 rejection above, including motivation for one of ordinary skill to modify). Payen discloses that the cooking apparatus further comprises a removable basket within which the food items are contained during cooking (Fig 2 receptacle 2A; Fig 5 and col 6 line 40-43, 2A shaped as a basket and contains food for cooking; col 15 line 20-21, basket is removable).
Regarding claim 17, Payen/Chen discloses the cooking apparatus of claim 13 (see details in claim 13 rejection above, including motivation for one of ordinary skill to modify). Payen discloses that the cooking apparatus further comprises a lid (Fig 1 lid 8C) comprising a window to enable a user to view the food items within the chamber, when the lid is closed during cooking (Fig 1 viewing zone 12 in lid 8C; col 9 line 9-14).
Response to Arguments
Applicant’s arguments with respect to claims 1-17, particularly independent claims 1 and 13, have been considered but are moot because the new ground of rejection does not rely on any teaching applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In light of Applicant’s amendments and associated arguments, the rejection has been updated to reflect an interpretation of Chen which better aligns with the newly amended claims.
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 Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM.
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/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762
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