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 Arguments
Applicant’s arguments, see pages 3 through 5, filed 05/28/2025, with respect to the rejection of claims 1-4 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of the 103 rejections below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins [US Patent No. 10,588,456 B2], in view of Rhodes [US Patent No. 3,297,016], in view of Deuel [US Patent No. 2,588,494], further in view of Goeken [PG Publication No. 2012/0125323 A1]
Regarding Claim 1, Jenkins teaches of a strove structure with lift-off lid [Figure 1, Element 100], comprising at least:
A stove body [Figure 3, Element 120], having at least one fixed base [Figure 3, Element 124, Column 5, Lines 19-31] on an inner side of the stove wall; and
A lid [Figure 1, Element 130], having at least one handle [Figures 12A-F and 13A-B, Element 131], at least one hinge plate [Figures 12B-F, Element 134], the hinge plate is embedded in the corresponding fixed base of the stove body [Figure 3, Element 124], so that the lid and the stove body can be combined and fixed with each other;
However, Jenkins fails to explicitly teach:
A stove body, having at least one elastic pin on two opposite sides of an inner side of the stove wall, a front end and a rear end of the elastic pin being placed through the inner side and an outer side of the stove wall respectively, and the front end of the elastic pin having a sloping surface, and the rear end of the elastic pin being pulled for control; and
A lid, having at least one handle, at least one hinge plate, and at least one buckle head, the hinge plate is embedded in the corresponding fixed base of the stove body, and the buckle head is buckled by the corresponding elastic pin of the stove body, so that the lid and the stove body can be combined and fixed with each other;
Wherein, the buckle head is a rod with O-shape in cross section and configured to push the sloping surface of the elastic pin when the lid is downwardly covered to the stove body, so as to lead the elastic pin to slide backward;
Wherein, the rod comprises a contour with a U-shape or O-shape, the contour is extending in a direction perpendicular to the cross section, when the lid is covered to the stove body, the buckle head is placed at the inner side of the stove wall, with a part of the contour of the rod placed below the sloping surface of the elastic pin.
Rhodes teaches, in the same field of endeavor, a Portable, Folding Barbecue Grill, comprising:
A stove body, having at least one fixed base and at least one elastic pin [Figures 1 and 3, Element 26] on two opposite sides of an inner side of the stove wall, a front end and a rear end of the elastic pin being placed through the inner side and an outer side of the stove wall respectively, and the rear end of the elastic pin [Figure 3b, Element 28] being pulled for control [Column 4, Lines 32-51]; and
A person of ordinary skill in the art before the effective filing date would have been
motivated to make these modifications to:
Incorporate the teachings of a lid, having at least one handle, at least one hinge plate, and at least one buckle head, the hinge plate is embedded in the corresponding fixed base of the stove body, and the buckle head is buckled by the corresponding elastic pin of the stove body, so that the lid and the stove body can be combined and fixed with each other in the modified system of Jenkins in view of Rhodes. This modification would allow for the hood to be in a multitude of different positions with respect to the firebox [Column 4, Lines 13-31].
However, the modified system of Jenkins fails to explicitly teach:
A stove body, having at least one fixed base and at least one elastic pin on two opposite sides of an inner side of the stove wall, and the front end of the elastic pin having a sloping surface; and
A lid, having at least one handle, at least one hinge plate, and at least one buckle head, the hinge plate is embedded in the corresponding fixed base of the stove body, and the buckle head is buckled by the corresponding elastic pin of the stove body, so that the lid and the stove body can be combined and fixed with each other;
Wherein, the buckle head is a rod with O-shape in cross section and configured to push the sloping surface of the elastic pin when the lid is downwardly covered to the stove body, so as to lead the elastic pin to slide backward;
Wherein, the rod comprises a contour with a U-shape or O-shape, the contour is extending in a direction perpendicular to the cross section, when the lid is covered to the stove body, the buckle head is placed at the inner side of the stove wall, with a part of the contour of the rod placed below the sloping surface of the elastic pin.
Deuel teaches, in the same field of endeavor, a Cooking Utensil, comprising:
A stove body, having at least one fixed base and at least one elastic pin on two opposite sides of an inner side of the stove wall, and the front end of the elastic pin having a sloping surface [Shown Below]
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A person of ordinary skill in the art before the effective filing date would have been
motivated to make these modifications to:
Incorporate the teachings of a stove body, having at least one fixed base and at least one elastic pin on two opposite sides of an inner side of the stove wall, and the front end of the elastic pin having a sloping surface in the modified system of Jenkins in view of Deuel. This modification would allow for the pin to lock in place without the user having to pull the locking handle.
However, the modified system of Jenkins fails to explicitly teach:
A lid;
Wherein, the buckle head is a rod with O-shape in cross section and configured to push the sloping surface of the elastic pin when the lid is downwardly covered to the stove body, so as to lead the elastic pin to slide backward;
Wherein, the rod comprises a contour with a U-shape or O-shape, the contour is extending in a direction perpendicular to the cross section, when the lid is covered to the stove body, the buckle head is placed at the inner side of the stove wall, with a part of the contour of the rod placed below the sloping surface of the elastic pin.
Goeken teaches, in the same field of endeavor, a Portable Collapsible Cooking Grill, comprising:
A lid;
Wherein, the buckle head [Figure 3, Element 20] is a rod with and configured to push the sloping surface of the elastic pin when the lid is downwardly covered to the stove body;
Wherein, the rod comprises a contour with a U-shape or O-shape, the contour is extending in a direction perpendicular to the cross section, when the lid is covered to the stove body, the buckle head is placed at the inner side of the stove wall, with a part of the contour of the rod placed below the sloping surface of the elastic pin.
A person of ordinary skill in the art before the effective filing date would have been
motivated to make these modifications to:
Incorporate the teachings of a lid; wherein, the buckle head is a rod with O-shape in cross section; wherein, the rod comprises a contour with a U-shape or O-shape, the contour is extending in a direction perpendicular to the cross section, when the lid is covered to the stove body, the buckle head is placed at the inner side of the stove wall, with a part of the contour of the rod placed below the sloping surface of the elastic pin in the modified system of Jenkins in view of Goeken. This modification would secure the lid and base for ease of transport [Paragraph 35].
Regarding Claim 3, the combined teaches of Jenkins, in view of Rhodes, in view of Deuel, further in view of Goeken teach the limitations of Claim 1.
However, the modified system of Jenkins fails to explicitly teach:
Wherein the elastic pin has at least one elastic element inside.
Rhodes teaches, in the same field of endeavor, a Portable, Folding Barbecue Grill, comprising:
Wherein the elastic pin has at least one elastic element inside [Figure 3b, Element 29].
A person of ordinary skill in the art before the effective filing date would have been
motivated to make these modifications to:
Incorporate the teachings wherein the elastic pin has at least one elastic element inside in the modified system of Jenkins in view of Rhodes. This modification would cause the terminal end of the pin to extend through an aperture in the hood when the spring latch is properly positioned by suitable fastening means [Column 4, Lines 23-28].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jenkins [US Patent No. 10,588,456 B2], in view of Rhodes [US Patent No. 3,297,016], in view of Deuel [US Patent No. 2,588,494], in view of Goeken [PG Publication No. 2012/0125323 A1], further as applied to claim 1 in view of Samaraweera [PG Publication No. 2018/0224126 A1]
Regarding Claim 2, the combined teaches of Jenkins, in view of Rhodes, in view of Deuel, further in view of Goeken teach the limitations of Claim 1.
However, the modified system of Jenkins fails to explicitly teach:
Wherein a left end and right end of the fixed base are each provided with a limiter.
Samaraweera teaches, in the same field of endeavor, a Stop Top BBQ, comprising:
Wherein a left end and right end of the fixed base are each provided with a limiter [Shown Below].
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A person of ordinary skill in the art before the effective filing date would have been
motivated to make these modifications to:
Incorporate the teachings wherein a left end and right end of the fixed base are each provided with a limiter in the modified system of Jenkins in view of Samaraweera. This modification would maintain the position of the lid when the lid hinge plate is in place [Paragraphs 28-32].
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 CHRISTOPHER SCOTT ARSENAULT whose telephone number is (571)272-0884. The examiner can normally be reached Monday-Friday 7:30-4:30.
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/CHRISTOPHER S ARSENAULT/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762