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 .
Priority
The claim to priority as a 371 filing of PCT/Ep2021/065064, filed on June 4, 2021, which claims benefit to FR 2005920 filed on June 5, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on December 2, 2022 has been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a device for rotating the rotary drive assembly” (claim 14) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “9” has been used to designate both “the rim 9” and “rotary drive assembly 9”; and reference character “15” has been used to designate both “the underside 15” and “the housing 15”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-8, 11 and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) (both cited by Applicant) or Hunt et al. (US Pub. 2019/0038078) (new cited).
Regarding claim 1, Pan discloses a stock pot comprising: a receptacle (1) provided with an upper edge defining a main opening for the introduction of food into the receptacle and the removal, from the receptacle, of prepared food; at least one handhold (3) mounted on an upper rim of the receptacle (1) and configured so that the receptacle can be handle while keeping the receptacle in a position with the main opening positioned at a top of the receptacle; a second handhold (4) mounted on the upper rim of the receptacle (1) and comprising a body with an underside, wherein a part of the upper rim of the receptacle positioned opposite the second handhold (4) does not have the at least one first handhold (3). Pan does not disclose the underside has a cavity extending into the body to form a recess with a peripheral wall, the cavity configured to accommodate therein at least distal phalanges of at least three fingers of a hand and to allow the receptacle to be held in suspension by the distal phalanges, in an inclined position for pouring or scraping the prepared food. FR discloses the underside (11) has a cavity (17) extending into the body (11) to form a recess with a peripheral wall, the cavity configured to accommodate therein at least distal phalanges of at least three fingers of a hand (Fig. 1 and 3-4). Hunt also discloses the underside has a cavity extending into the body to form a recess with a peripheral wall, the cavity configured to accommodate therein at least distal phalanges of at least three fingers of a hand (Fig. 1, 3-5 and 7 shown a handhold with the underside has a cavity). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan, the underside has a cavity extending into the body to form a recess with a peripheral wall, the cavity configured to accommodate therein at least distal phalanges of at least three fingers of a hand and to allow the receptacle to be held in suspension by the distal phalanges, in an inclined position for pouring or scraping the prepared food, as taught by FR or Hunt et al., for the purpose of securing hold the receptacle without slipping of the hand of the user.
Regarding claim 2, Pan discloses the at least one first handhold (3) includes two first handhold (3) positioned opposite each other on the upper rim of the receptacle (1) (Fig. 1-2).
Regarding claim 3, Pan discloses the second handhold (4) is positioned between sixty degrees (60°) and one hundred and twenty degrees (120°) relative to the two first handholds (3), around the upper rim of the receptacle (1) (Fig. 1-2).
Regarding claim 4, Pan discloses the two first handholds (3) are connected to each other by a semicircular rim piece (11) following the upper rim of the receptacle (1), and wherein the second handhold (4) is configured on the rim piece (Fig. 1-2).
Regarding claim 5, Pan discloses the second handhold (4) is separated from the at least one first handhold (3) (Fig. 1-2).
Regarding claim 7, Pan discloses the upper edge of the receptacle (1) comprises a spout (2) positioned opposite the second handhold (4) (Fig. 1-2).
Regarding claim 8, FR discloses the cavity (17) on the body (via 11) of the handhold (11) is configured to hold the receptacle (10) up at an inclination of between sixty degrees (60°) and eighty degrees (80°) from vertical (Fig. 1 and 3-4). Hunt also discloses the cavity on the body of the handhold (Fig. 1, 3-5 and 7 shown a handhold with the underside has a cavity) is configured to hold the receptacle (10) up at an inclination of between sixty degrees (60°) and eighty degrees (80°) from vertical.
Regarding claim 11, Hunt et al. discloses the receptacle (112) comprises a bottom comprising a central opening (115) capable of receiving a rotary drive assembly adapted to rotate a rotary work tool (230) (Fig. 2-4; Par. 61, 64-68).
Regarding claim 13, the combination of Pan/FR/Hunt discloses the food preparation container of claim 1 and a base (130, Fig. 1, Hunt et al.) configured to receive the food preparation container (112, Fig. 1, Hunt et al.).
Regarding claim 14, Hunt et al. discloses at least one rotary work tool (230) adapted for placement in the receptacle (112) by introducing the at least one rotary work tool (230) through the main opening of the receptacle (112) and a rotary drive assembly (tool mount 200) adapted to be mount on a central opening (115) of the bottom of the receptacle (112) for driving the at least one rotary work tool (230) place in the receptacle (112), the food preparation appliance (100) further comprising a device (heating element 126) for heating the bottom of the receptacle (112) and a device (a motor; Par. 75) for rotating the rotary drive assembly (200) mounted on the bottom, when the food preparation container (112) is mounted on the base(130) (Fig. 1-4; Par. 63 and 75).
Regarding claim 15, Pan discloses the second handhold (4) is positioned between ninety degrees (90°) relative to the two first handholds (3), around the upper rim of the receptacle (1) (Fig. 1-2).
Regarding claim 16, FR discloses the cavity (17) on the body (via 11) of the handhold (11) is configured to hold the receptacle (10) up at an inclination of seventy degrees (70°) from vertical (Fig. 1 and 3-4). Hunt also discloses the cavity on the body of the handhold (Fig. 1, 3-5 and 7 shown a handhold with the underside has a cavity) is configured to hold the receptacle (10) up at an inclination of seventy degrees (70°) from vertical.
Regarding claim 17, Hunt et al. discloses the rotary work tool (230) is configured to be removable with respect to the rotary drive assembly (220) placed in the receptacle (112) (Par. 67).
Regarding claim 18, Hunt et al. discloses the receptacle (112) is made of stainless steel (Par. 79).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) or Hunt et al. (US Pub. 2019/0038078) and further view of Moon. (CN 103211509) (new cited).
Regarding claim 6, Pan/FR/Hunt disclose substantially all features of the claimed invention as set forth above including from Pan, the second handhold (4); from FR, the lower part comprising the cavity (17); and from Hunt, the lower part comprising the cavity (Fig. 1, 3-5 and 7 shown a handhold with the underside has a cavity) except the body of the second handhold comprises an upper part and a lower part fastening to each other and fastened to the upper rim of the receptacle by an assembly system. Moon discloses the body of the handhold comprises an upper part (10) and a lower part (11) fastening to each other and fastened to the upper rim of the receptacle (40) by an assembly system (Fig. 1 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan/FR/Hunt, the body of the second handhold comprises an upper part and a lower part fastening to each other and fastened to the upper rim of the receptacle by an assembly system, as taught by Moon, for the purpose of providing the detachable handhold/handle.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) or Hunt et al. (US Pub. 2019/0038078) and further view of Deshayes et al. (CN 109247837) (new cited).
Regarding claim 9, Pan/FR/Hunt disclose substantially all features of the claimed invention as set forth above including from Pan, a closing lid (5) adapted to close the main opening of the receptacle (1) except the closing lid with a locking system disposed between the lid and the at least one first handhold to bring the lid into a locked position in which the lid closes the main opening of the receptacle and remains locked in the closed position and unlocked position in which the lid is configured to be removed from the receptacle in order to access the main opening. Deshayes et al. discloses the closing lid (20) with a locking system (bayonet locking) (slot 13 and the male portion of the lid 20) disposed between the lid (20) and the at least one first handhold (12) to bring the lid (20) into a locked position in which the lid (20) closes the main opening of the receptacle (10) and remains locked in the closed position and unlocked position in which the lid is configured to be removed from the receptacle in order to access the main opening (Fig. 1-3; Par. 38, 113-114 and 120-124). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan/FR/Hunt, the closing lid with a locking system disposed between the lid and the at least one first handhold to bring the lid into a locked position in which the lid closes the main opening of the receptacle and remains locked in the closed position and unlocked position in which the lid is configured to be removed from the receptacle in order to access the main opening, as taught by Deshayes et al., for the purpose of providing locking mechanism for safety while in use.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) or Hunt et al. (US Pub. 2019/0038078) and further view of Zhu et al. (CN 208030958) (new cited).
Regarding claim 10, Pan/FR/Hunt disclose substantially all features of the claimed invention as set forth above including from Pan, the lid (5 and the second handhold (4) except a system for marking the locked and unlocked positions of the lid between the lid and the second handhold. However, Zhu et al. discloses a system for marking the locked and unlocked positions of the lid (200) (Fig. 1, cover making 300, closing marking 400, and opening marking 500). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan/FR/Hunt, a system for marking the locked and unlocked positions of the lid between the lid and the second handhold, as Taught by Zhu et al., for the purpose of providing closed/locked and open/unlocked mark to help the user identified the positioned of the lid/cover.
Claim(s) 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) or Hunt et al. (US Pub. 2019/0038078) and further view of Wooderson (US Pub. 2004/0200851) (cited by Applicant).
Regarding claims 12 and 19, Pan/FR/Hunt disclose substantially all features of the claimed invention as set forth above including from Pan, the at least one first handhold (3) and the second handhold (4); and from Hunt, the receptacle (112) is made of a metallic material (Par. 79) except the at least one first handhold and the second handhold being made of a thermos-insulating material and the receptacle is made of coated aluminum. Wooderson discloses the receptacle (1) is made of a metallic material, and coated aluminum and the handle (7) being made of a thermos-insulating material (Fig. 1; Par. 23 and 30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan/FR/Hunt, the at least one first handhold and the second handhold being made of a thermos-insulating material and the receptacle is made of coated aluminum, as taught by Wooderson, for the purpose of allowing the user to grip and use the handle/handhold without hand protection such as a potholder or insulated gloves; and the receptacle made of coated aluminum for conducting heat.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 204158184) in view of FR 1062774 (hereafter FR) or Hunt et al. (US Pub. 2019/0038078), Wooderson (US Pub. 2004/0200851) and further view of Groll (US Pub. 2009/0152276) (new cited).
Regarding claim 20, Pan/FR/Hunt/Wooderson disclose substantially all features of the claimed invention as set forth above including from Hunt, the receptacle (112) is made of a metallic material (Par. 79); and from Wooderson, the receptacle (1) is made of aluminum (Fig. 1; Par. 23) except the receptacle is made of PTFE coated aluminum. Groll discloses the receptacle (64) is made of PTFE coated aluminum (Fig. 8; Par. 41). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Pan/FR/Hunt/Wooderson, the receptacle is made of PTFE coated aluminum, as taught by Groll, for the purpose of providing the non-stick coating.
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761 9/5/2025
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761