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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/18/2026 has been entered.
Response to Amendment
The amendment filed 09/18/2026 has been entered. Claims 1-2, 5-6, 8-9, 12-13, and 15-17 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-2, 5-6, 8-9, 12-13, and 15-17 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the top surface" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 1 and 16, the meaning of the limitation “the top surface of the liquid egg product naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product” is unclear. Neither the claims nor the Applicant’s Specification define “naturally” and it is unclear what “naturally” means or how “naturally” deforming is different from any other type of deforming. Therefore, claims 1 and 16 are rejected as indefinite.
Claims 2, 5-6, 8-9, 12-13, and 15 are rejected as indefinite as a result of depending upon indefinite claim 1.
Claim 16 recites the limitation "the top surface" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the outer perimeter of the top opening" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim since line 5 of claim 16 recites "an outer perimeter shape" instead of "an outer perimeter".
Claim 17 is rejected as indefinite as a result of depending upon indefinite claim 16.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2, 6, 12-13, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hairsine (US 20050136172 A1) in view of Fauconnet (FR 2968182 A1), Coban (WO 2017176223 A1), Peers (US 20150327709 A1), and Dzieduszycki (US 20150024107 A1) as evidenced by Merriam Webster (contour), Kelly (Muffin Tin Baken Eggs), and Zisk (Cheesy Baked Eggs For One).
Regarding claim 1, Hairsine teaches (Paragraph 0008-0009, 0015-0016) methods for mass producing cooked eggs, wherein mold depressions (pockets) are arranged side to side in a pan and the contents of an egg shell are allowed to fall into each mold at an egg breaking location (liquid egg station) followed by conveyance of the molds into a heating area (cooking station) where the egg contents in each mold are cooked. Additionally, Hairsine teaches (Paragraph 0042, 0044) the egg product can be cooked to a minimum temperature of 170 degrees Fahrenheit, which fully cooks the egg. Hairsine further teaches (Paragraph 0042) the egg product deposited into the molds of the pan are in liquid form. Also, Hairsine teaches (Paragraph 0008) removing the cooked egg products from the molds after cooking and cooling the cooked egg products. Furthermore, Hairsine teaches (Paragraph 0045; Fig. 7# 204, 206, 208, 210, 212, 214, 216, 218) molds 204, and 206, and 206 (pockets) include a first downwardly extending or sloped region 210 (perimeter side wall) followed by a first planar horizontal region 212 (bottom wall), which is followed by a second downwardly sloped or extending region 214 followed in turn by a bottom region (depressed portion) which is a cupped or rounded region 216 for molds 204 and 206 or flat region 218 for mold 208. Additionally, Hairsine discloses (Paragraph 0014, 0038, 0051-0052; Fig. 8-10 #250, 254) some egg products have an irregular shaped surface having an irregularly varying height over the product, wherein embodiments of the egg product produced using the mold, such as egg products 250 and 254, may be seen to have an irregular height surface thereover, the result of being cooked using molds shown in FIGS. 8 and 9. As shown in the Figures, the eggs have a contoured surface (i.e., a curving or irregular figure as understood under the broadest reasonable interpretation of contoured (See Merriam Webster)). Also, as shown in Figures 4-9, the egg molds provided are open on top, and no mention is made of a cover or lid. Thus, the eggs are understood to at least be able to deform upwardly without constraint.
Hairsine is silent on the perimeter side wall extending inwardly. Additionally, Hairsine is silent on the percentage of an area of the bottom wall that comprises the depressed portion being in the range of approximately 30 percent to approximately 70 percent of the area of the bottom wall. Hairsine is further silent on cooking the egg product with moisture at the cooking station. Additionally, Hairsine does not explicitly state that during the cooking with the combination of heat and moisture, a top surface of the liquid egg product naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product. Also, Hairsine is silent on providing a moving belt onto which each cooked egg product will fall for conveyance to a cooling area.
Fauconnet teaches (Page 1, lines 14-15, 28-29) an improvement for a kitchen utensil for cooking food such as a frying pan, sauté pan or wok wherein at least the upper part of the peripheral wall is curved towards the inside of the enclosure.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify method of Hairsine to provide a pan with pockets including a side wall that extends inwardly in view of Fauconnet since both are directed to methods of cooking food in pans including perimeter side walls, where Hairsine discloses a pan with multiple pockets, since providing a cooking pan with an inwardly extending perimeter side wall is known in the art as shown by Fauconnet, since an inwardly extending side wall would help retain the egg reducing the potential for spills, since an inwardly extending side wall would partially cover the mold/pocket interior and reduce the amount of moisture or particulate matter that would spatter outside of the mold/pocket during cooking, thus lowering the need for cleaning and retaining desired moisture, since an inwardly extending side wall would reduce the exposed area of the food, preventing contamination and reducing the likelihood of human contact that could otherwise cause burns, and since configuring the walls in sections, either curved or rectilinear to be oriented inwards, and following one another in different orders, results in a succession of several sections with different profiles, prevents food from sticking to the walls, and, therefore, breaks the suction effect (Fauconnet, Page 3, lines 120-123; Page 4, lines 128-129).
Additionally, the claimed bottom wall with a depressed portion approximately 30 percent to approximately 70 percent of the area of the bottom wall would have been used during the course of normal experimentation and optimization procedures in the method of Hairsine, based upon factors such as the desired size and shape of the cooked eggs, the amount of eggs added to the pan (where a larger depressed portion could hold a greater amount of liquid egg), the intended thickness of the cooked egg (where a larger depressed portion will result in a thicker cooked egg), the available cooking and cooling time (where increasing the area of the depressed portion will increase the volume of the pan and the liquid egg, increasing the time to cook through and cool through completely), etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit, nor demonstrated criticality, from the claimed depressed portion comprising approximately 30 percent to approximately 70 percent of the area of the bottom wall that would render it non-obvious.
Further, since Hairsine is silent with regards to the percentage of an area of the bottom wall that comprises the depressed portion being in the range of approximately 30 percent to approximately 70 percent of the area of the bottom wall, one of ordinary skill in the art would have been motivated to look to the art for suitable percentage areas for the depressed portion.
Coban teaches (Page 1, lines 34-37; Page 2, lines 1-2, 26-27) a method of preparing a chocolate egg in a die (pocket) with a main cavity and an auxiliary cavity (depressed portion) with an area which is 5-50% of the surface area of the main cavity, which overlaps with the claimed range.
Selection of a known configuration (percentage area of the depressed portion) based on its suitability for its intended use (holding and shaping a food item) supports a prima facie obviousness determination (See MPEP 2144.07).
Peers teaches (Paragraph 0006, 0065-0066, 0103; Fig. 5 #3, 4, 41) a device and method for preparing a food product, e.g. a cooked egg product, wherein a plurality of holders 4 for holding the food product are moved by a conveyor 41 through a treatment zone 3 (cooking station) where heating may be arranged for heating the food product by means including water vapor and steam (moisture).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to cook the egg with a combination of heat and moisture as taught by Peers since both are directed to methods of preparing egg food products by conveying the eggs in holders through cooking stations, since cooking an egg with a combination of heat and moisture is known in the art as shown by Peers, since moisture can prevent the egg from drying out and adhering to the pan and/or burning, since cooking with steam or water vapor can ensure that the entirety of the food is heated rather than just the egg surface in contact with the pan, and since steam/moisture can cook the food without adding ingredients that may undesirably affect the nutritional value of the egg like fat or oil.
Dzieduszycki teaches (Paragraph 0003, 0013) a method of preparing waffles, wherein the output of a waffle oven, full waffles, travel on a conveyor belt or other mechanical system to a cooling area where the waffles are sliced and then packaged, wherein, at the end of the waffle oven, waffle irons are separated and the waffle formed therebetween is dropped onto a conveyor belt by which the waffle is carried for cooling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to provide a moving belt onto which each cooked egg product will fall for conveyance to a cooling area in view of Dzieduszycki since both are directed to methods of cooking food products in molding containers followed by removal and cooling, since Hairsine teaches removing cooked eggs from molds and subsequently cooling the eggs, since dropping a cooked food product onto a conveyor for conveyance to a cooling area is known in the art as shown by Dzieduszycki, since dropping the food product onto a conveyor belt will remove the need for manual transfer to the cooling area, lowering labor costs and preventing contamination, and since providing a moving belt onto which each cooked egg product will fall for conveyance to a cooling area allows for continuous production, allowing for production of a large number of egg products.
Additionally, as the claimed process is obvious in view of the prior art, one of ordinary skill in the art would recognize that the egg product would cook in the same manner as claimed, i.e. during the cooking with the combination of heat and moisture, a top surface of the liquid egg product naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
This is further demonstrated by the fact that cooking eggs in open topped cavities in ovens as taught by Hairsine is known to result in the egg naturally deforming upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
For example, Kelly teaches (Instructions) baking eggs in a muffin tin (comprising pockets) in an oven where in the images of the baked eggs in the muffin tin show that the eggs naturally deform upwardly without constraint and in an irregular manner to form a contoured top surface.
Additionally, Zisk teaches (Instructions, Notes) a method for making cheesy baked eggs comprising heating a mixture comprising eggs in a ramekin (pocket) in an oven, wherein the images show that the eggs naturally deform upwardly without constraint and in an irregular manner to form a contoured top surface.
Thus, one of ordinary skill in the art would clearly recognize that egg cooking process of Hairsine, as modified above, would have the claimed effect of a top surface of the liquid egg product naturally deforming upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
Furthermore, changes in the shape of a device or product are obvious absent persuasive evidence that the particular configuration of the claimed device or product is significant (See MPEP 2144.04 IV B).
Regarding claim 2, Hairsine discloses (Paragraph 0038, 0051-0052; Fig. 3, 10-12 #250, 254) embodiments of the egg product produced using the mold, wherein cooked egg products 250 and 254 may be seen to have four raised regions, one in each quadrant, the result of being cooked in the secondary depressions of the molds of FIGS. 8 and 9. As shown in the Figures, the eggs are relatively flat and have an outwardly facing surface and are resting on top of another opposite surface, where one of the surfaces is produced by contact with bottom wall of the pocket as described above.
Hairsine does not explicitly disclose which surface is the top surface and which surface is the bottom surface, but the selection of a top or bottom surface (i.e. the orientation of the cooked egg) would have been obvious to try since producing a cooked egg product with opposite facing surfaces is known in the art as shown by Hairsine, since the selection of the top and bottom surface has a finite number of identified, predictable potential solutions (the surface in contact with the bottom of the mold is bottom surface and the opposite surface is the top surface or vice versa), and since one of ordinary skill in the art could have pursued these known potential solutions with a reasonable expectation of success (See MPEP 2143 E).
Regarding claim 6, Hairsine teaches (Paragraph 0016) the molds (pockets) used and the resulting cooked eggs can have irregular outlines (perimeters) as shown in Figures 4-6.
Regarding claim 12, Hairsine is silent on the side wall of each of the pockets comprising at least a portion that is curved.
Regarding claim 13, Hairsine is silent on the side wall of each of the pockets comprises at least a portion that is straight.
Fauconnet teaches (Page 1, lines 14-15, Page 3, lines 94-96; Fig. 1 #10; Fig. 3A #S1, S2) an improvement for a kitchen utensil for cooking food such as a frying pan, sauté pan or wok wherein a peripheral side wall has a first section (S1) having a curved profile open towards the inside of the enclosure (10) and a second consecutive and adjacent section (S2) having a rectilinear (straight) profile whose upper part is oriented towards the inside of the enclosure.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to provide a side wall with at least a portion that is curved and at least a portion that is straight as taught by Fauconnet since both are directed to methods of cooking food in pans including perimeter side walls, since providing a cooking pan with a side wall comprising at least a portion that is curved and at least a portion that is straight is known in the art as shown by Fauconnet, since the curved portion of the side wall would prevent food/egg from getting stuck between the side wall and the bottom wall, since making at least a portion of the side wall straight would simplify construction, since a curved portion will simplify cleaning of the pan by removing the need to clean a crevice between the side and bottom walls, since a straight portion will allow the egg/food to be more easily removed when the pan is inverted by allowing the egg slide down the straight edge instead of being stuck in a curve, and since the succession of several sections with different profiles prevents food from sticking to the walls and therefore breaks the suction effect (Fauconnet, Page 4, lines 128-129).
Regarding claim 16, Hairsine teaches (Paragraph 0008-0009, 0015-0016) methods for mass producing cooked eggs, wherein mold depressions (pockets) are arranged side to side in a pan and the contents of an egg shell are allowed to fall into each mold at an egg breaking location (liquid egg station) followed by conveyance of the molds into a heating area (cooking station) where the egg contents in each mold are cooked. Additionally, Hairsine teaches (Paragraph 0042, 0044) the egg product can be cooked to a minimum temperature of 170 degrees Fahrenheit, which fully cooks the egg. Hairsine further teaches (Paragraph 0042) the egg product deposited into the molds of the pan are in liquid form. Also, Hairsine teaches (Paragraph 0008) removing the cooked egg products from the molds after cooking and cooling the cooked egg products. Furthermore, Hairsine teaches (Paragraph 0045; Fig. 7# 204, 210, 212, 214, 216) mold 204 (pocket) includes a first downwardly extending or sloped region 210 (side wall) followed by a first planar horizontal region 212 (bottom wall), which is followed by a second downwardly sloped or extending region 214 followed in turn by a bottom cupped or rounded region 216 (depressed portion). Furthermore, Hairsine teaches (Paragraph 0045; Fig. 7# 204, 206, 208, 210, 212, 214, 216, 218) molds 204, and 206, and 206 (pockets) include a first downwardly extending or sloped region 210 (side wall) followed by a first planar horizontal region 212 (bottom wall), which is followed by a second downwardly sloped or extending region 214 followed in turn by a bottom region (depressed portion) which is a cupped or rounded region 216 for molds 204 and 206 or flat region 218 for mold 208. As shown in Figures 4-7, the molds (pockets) include top openings with outer perimeter shapes, with the side wall extending between the top opening and the bottom wall. Additionally, Hairsine discloses (Paragraph 0014, 0038, 0051-0052; Fig. 8-10 #250, 254) some egg products have an irregular shaped surface having an irregularly varying height over the product, wherein embodiments of the egg product produced using the mold, such as egg products 250 and 254, may be seen to have e an irregular height surface thereover, the result of being cooked using molds shown in FIGS. 8 and 9. As shown in the Figures, the eggs have a contoured surface (i.e., a curving or irregular figure as understood under the broadest reasonable interpretation of contoured). Also, as shown in Figures 4-9, the egg molds provided are open on top, and no mention is made of a cover or lid. Thus, the eggs are understood to at least be able to deform upwardly without constraint.
Hairsine is silent on the percentage of an area of the bottom wall that comprises the depressed portion being in the range of approximately 30 percent to approximately 70 percent of the area of the bottom wall. Additionally, Hairsine is silent on the side wall being contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening. Hairsine is further silent on cooking the egg product with moisture at the cooking station. Additionally, Hairsine does not explicitly state that during the cooking with the combination of heat and moisture, the top surface of the liquid egg product naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product. Also, Hairsine is silent on providing a moving belt onto which each cooked egg product will fall for conveyance to a cooling area.
Additionally, the claimed bottom wall with a depressed portion approximately 30 percent to approximately 70 percent of the area of the bottom wall would have been used during the course of normal experimentation and optimization procedures in the method of Hairsine, based upon factors such as the desired size and shape of the cooked eggs, the amount of eggs added to the pan (where a larger depressed portion could hold a greater amount of liquid egg), the intended thickness of the cooked egg (where a larger depressed portion will result in a thicker cooked egg), the available cooking and cooling time (where increasing the area of the depressed portion will increase the volume of the pan and the liquid egg, increasing the time to cook through and cool through completely), etc. Furthermore, the Applicant does not appear to have identified any unique or unexpected benefit, nor demonstrated criticality, from the claimed depressed portion comprising approximately 30 percent to approximately 70 percent of the area of the bottom wall that would render it non-obvious.
Further, since Hairsine is silent with regards to the percentage of an area of the bottom wall that comprises the depressed portion being in the range of approximately 30 percent to approximately 70 percent of the area of the bottom wall, one of ordinary skill in the art would have been motivated to look to the art for suitable percentage areas for the depressed portion.
Coban teaches (Page 1, lines 34-37; Page 2, lines 1-2, 26-27) a method of preparing a chocolate egg in a die (pocket) with a main cavity and an auxiliary cavity (depressed portion) with an area which is 5-50% of the surface area of the main cavity, which overlaps with the claimed range.
Selection of a known configuration (percentage area of the depressed portion) based on its suitability for its intended use (holding and shaping a food item) supports a prima facie obviousness determination (See MPEP 2144.07).
Fauconnet teaches (Page 1, lines 14-15, 28-29) an improvement for a kitchen utensil for cooking food such as a frying pan, sauté pan or wok wherein at least the upper part of the peripheral wall is curved towards the inside of the enclosure. As shown in Figures 2a and 3a-3h, which show variants of the profile of the peripheral side wall, this curvature provides a side wall contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify method of Hairsine to provide a pan with pockets including a side wall being contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening in view of Fauconnet since both are directed to methods of cooking food in pans including perimeter side walls, where Hairsine discloses a pan with multiple pockets, since providing a cooking pan with the side wall being contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening is known in the art as shown by Fauconnet, since the side wall being contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening would help retain the egg reducing the potential for spills, since a side wall contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening would partially cover the mold/pocket interior and reduce the amount of moisture or particulate matter that would spatter outside of the mold/pocket during cooking, thus lowering the need for cleaning and retaining desired moisture, since the side wall being contoured along its height to provide a convex portion that extends outwardly such that a perimeter of the convex portion is larger than the outer perimeter of the top opening would reduce the exposed area of the food, preventing contamination and reducing the likelihood of human contact that could otherwise cause burns, and since configuring the walls in sections, either curved or rectilinear to be oriented inwards, and following one another in different orders, results in a succession of several sections with different profiles, prevents food from sticking to the walls, and, therefore, breaks the suction effect (Fauconnet, Page 3, lines 120-123; Page 4, lines 128-129).
Peers teaches (Paragraph 0006, 0065-0066, 0103; Fig. 5 #3, 4, 41) a device and method for preparing a food product, e.g. a cooked egg product, wherein a plurality of holders 4 for holding the food product are moved by a conveyor 41 through a treatment zone 3 (cooking station) where heating may be arranged for heating the food product by means including water vapor and steam (moisture).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to cook the egg with a combination of heat and moisture as taught by Peers since both are directed to methods of preparing egg food products by conveying the eggs in holders through cooking stations, since cooking an egg with a combination of heat and moisture is known in the art as shown by Peers, since moisture can prevent the egg from drying out and adhering to the pan and/or burning, since cooking with steam or water vapor can ensure that the entirety of the food is heated rather than just the egg surface in contact with the pan, and since steam/moisture can cook the food without adding ingredients that may undesirably affect the nutritional value of the egg like fat or oil.
Dzieduszycki teaches (Paragraph 0003, 0013) a method of preparing waffles, wherein the output of a waffle oven, full waffles, travel on a conveyor belt or other mechanical system to a cooling area where the waffles are sliced and then packaged, wherein, at the end of the waffle oven, waffle irons are separated and the waffle formed therebetween is dropped onto a conveyor belt by which the waffle is carried for cooling.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to provide a moving belt onto which each cooked egg product will fall for conveyance to a cooling area in view of Dzieduszycki since both are directed to methods of cooking food products in molding containers followed by removing and cooling, since Hairsine teaches removing cooked eggs from molds and subsequently cooling the eggs, since dropping a cooked food product onto a conveyor for conveyance to a cooling area is known in the art as shown by Dzieduszycki, since dropping the food product onto a conveyor belt will remove the need for manual transfer to the cooling area, lowering labor costs and preventing contamination, and since providing a moving belt onto which each cooked egg product will fall for conveyance to a cooling area allows for continuous production, allowing for production of a large number of egg products.
Additionally, as the claimed process is obvious in view of the prior art, one of ordinary skill in the art would recognize that the egg product would cook in the same manner as claimed, i.e. during the cooking with the combination of heat and moisture, a top surface of the liquid egg product naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
This is further demonstrated by the fact that cooking eggs in open topped cavities in ovens as taught by Hairsine is known to result in the egg naturally deforming upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
For example, Kelly teaches (Instructions) baking eggs in a muffin tin (comprising pockets) in an oven where in the images of the baked eggs in the muffin tin show that the eggs naturally deform upwardly without constraint and in an irregular manner to form a contoured top surface.
Additionally, Zisk teaches (Instructions, Notes) a method for making cheesy baked eggs comprising heating a mixture comprising eggs in a ramekin (pocket) in an oven, wherein the images show that the eggs naturally deform upwardly without constraint and in an irregular manner to form a contoured top surface.
Thus, one of ordinary skill in the art would clearly recognize that egg cooking process of Hairsine, as modified above, would have the claimed effect of a top surface of the liquid egg product naturally deforming upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product.
Furthermore, changes in the shape of a device or product are obvious absent persuasive evidence that the particular configuration of the claimed device or product is significant (See MPEP 2144.04 IV B).
Regarding claim 17, Hairsine is silent on the side wall of at least one of the pockets comprising a convex portion (which is understood to be a portion that “extends or "bulges" outwardly as compared to a wall that would be perpendicular to the bottom wall of the respective pocket” as described in Paragraph 0036 of the Applicant’s Specification).
Fauconnet teaches (Page 1, lines 14-15, Page 3, lines 88-90; Fig. 1 #10; Fig. 3 #S1, S2) an improvement for a kitchen utensil for cooking food such as a frying pan, sauté pan or wok wherein the peripheral side wall (3) has a succession of several sections (S1-S2), (S1-S2-S3-S4), (S1-S2-S3), (S1-S2-S3-S4-S5), successive with different profiles as shown in Figures 2 and 3a-3h. As shown by section S1 of Figure 2a, section S2 of Figure 3g, section S1 of Figure 3h, etc., several embodiments of Fauconnet have a convex portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to provide a side wall with a convex portion as taught by Fauconnet since both are directed to methods of cooking food in pans including perimeter side walls, since providing a cooking pan with a side wall comprising a convex portion is known in the art as shown by Fauconnet, since the convex portion of the side wall would prevent food/egg from getting stuck between the side wall and the bottom wall, since a convex portion will simplify cleaning of the pan by removing the need to clean a crevice between the side and bottom walls, since a convex portion can partially enclose the food and prevent accidental spilling, trap in heat and moisture, and prevent accidental contamination or contact of the food, and since the succession of several sections with different profiles prevents food from sticking to the walls and therefore breaks the suction effect (Fauconnet, Page 4, lines 128-129).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hairsine (US 20050136172 A1) in view of Fauconnet (FR 2968182 A1), Coban (WO 2017176223 A1), Peers (US 20150327709 A1), and Dzieduszycki (US 20150024107 A1) as evidenced by Merriam Webster (contour), Kelly (Muffin Tin Baken Eggs), and Zisk (Cheesy Baked Eggs For One), and further in view of Future Neighbor (How to: Korean Steamed Eggs!).
Regarding claim 5, Hairsine, as modified above, is silent on the step of cooking the egg product at the cooking station further comprising providing sufficient relative humidity to cause the egg product to shrink inwardly from the perimeter side wall.
Future Neighbor teaches (1:12, 1:50, 1:55, 2:44) a method of preparing Korean steamed eggs comprising filling a pot with ¾ cups of water, mixing in egg, and heating to completion, where, as shown in Figures 4 and 5, the egg is initially in contact with the sides of the pot, but has shrunken inwardly from the side wall by the completion of cooking.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine providing sufficient relative humidity to cause the egg product to shrink inwardly from the perimeter side wall in view of Future Neighbor since both are directed to methods of preparing cooked eggs, since cooking eggs with moisture/humidity is known in the art from Peers and Future Neighbor, since cooking an egg in a container with heat and moisture such that the egg shrinks inwardly from the side wall is known in the art as shown by Future Neighbor, since cooking the egg such that it shrinks from the side wall will allow the egg to be more easily removed and prevent it from getting stuck in the container, since cooking the egg such that it shrinks from the side wall will allow the egg to be removed as a whole piece rather than having to be broken down to remove from the container, and since some consumers will prefer cooked eggs with a small or more condensed size or area.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hairsine (US 20050136172 A1) in view of Fauconnet (FR 2968182 A1), Coban (WO 2017176223 A1), Peers (US 20150327709 A1), and Dzieduszycki (US 20150024107 A1) as evidenced by Merriam Webster (contour), Kelly (Muffin Tin Baken Eggs), and Zisk (Cheesy Baked Eggs For One), and further in view of Lee (US 20150030734 A1).
Regarding claim 8, Hairsine, as modified above, is silent on a step of preheating the pan prior to depositing the liquid egg product into at least one of the pockets.
Lee teaches (Paragraph 0002, 0090) a method of providing homestyle egg product portions, wherein a plurality of moving heated pockets are provided and egg product portions are placed into each heated pocket. Lee further teaches (Paragraph 0052) the heated pockets can consist of pan-shaped containers supported on top of a belt.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to preheat the pan prior to depositing the egg product as taught by Lee since both are directed to methods of cooking egg products in pans, since preheating pans prior to depositing the eggs in the pans is known in the art as shown by Lee, since preheating the pan can reduce the overall cooking time for the process, raising the production rate of cooked eggs, and since preheating the pans can help destroy bacteria or other harmful substances that may reside on the pan surface.
Regarding claim 9, Hairsine, as modified above, is silent on a step of pre-treating the at least one pocket with a non-stick material prior to the step of depositing the liquid egg product into at least one of the pockets.
Lee teaches (Paragraph 0002, 0090, 0092) a method of providing homestyle egg product portions, wherein a plurality of moving heated pockets are provided and egg product portions are placed into each heated pocket, wherein a release agent (non-stick material) can be added to the heated pockets prior to placing the eggs to aid in the removal of the egg product portion from the heated pocket.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine to pre-treat the at least one pocket with a non-stick material prior to the step of depositing the liquid egg product into at least one of the pockets as taught by Lee since both are directed to methods of cooking egg products in pans, since pre-treating the at least one pocket with a non-stick material prior to the step of depositing the liquid egg product into at least one of the pockets is known in the art as shown by Lee, since the non-stick material can keep the eggs form getting stuck to the pan, so that the eggs are removed when desired, and since the non-stick material can prevent the loss of egg material stuck to pan when the eggs are removed.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hairsine (US 20050136172 A1) in view of Fauconnet (FR 2968182 A1), Coban (WO 2017176223 A1), Peers (US 20150327709 A1), and Dzieduszycki (US 20150024107 A1) as evidenced by Merriam Webster (contour), Kelly (Muffin Tin Baken Eggs), and Zisk (Cheesy Baked Eggs For One), and further in view of Dunckel (US 5281431 A).
Regarding claim 15, Hairsine, as modified above, is silent on the cooking station comprising an enclosure to which heat and moisture are provided to surround at least a portion of the pan containing the egg product.
Dunckel teaches (Col. 1, lines 37-38, 59-65; Col. 3, lines 24-37) an automated mass production process and apparatus for cooking and packaging eggs, wherein eggs are dispensed into a plurality of large cooking pans, and the filled pans are conveyed through a long multiple temperature zone steam cooking tunnel (enclosure) which carefully cooks the eggs with gradually increasing temperatures using dry culinary steam, wherein dry culinary steam has some but not all moisture removed and keeps eggs from being too dry compared to conventional convective heating (i.e. moisture is provided).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hairsine, as modified above, to provide a cooking station comprising an enclosure to which heat and moisture are provided to surround at least a portion of the pan containing the egg product in view of Dunckel, since both are directed to methods of heating eggs in pans, since providing heat and moisture to an egg in a pan inside an enclosure is known in the art as shown by Dunckel, since the moisture can prevent the egg from becoming too dry, since the enclosure can trap the heat and moisture to prevent heat and moisture losses that would make operation costly, since an enclosure can keep the eggs from being affected by outside contaminants, and since providing heat and moisture in an enclosure can protect human operators from a potentially dangerous heat source.
Response to Arguments
Applicant's arguments filed 09/18/2026, regarding the 35 USC 103 rejections of claims 1 and 16, have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that Hairsine's 'irregular surface' is imparted by contact with shaped mold regions 216 and 218 rather than being a top surface that puffs or rises upwardly while being allowed to deform naturally without constraints as shown by Paragraph 0045, the Examiner notes that the surface in contact with the mold regions in Hairsine is understood to be the bottom surface. As shown in Figures 4-9, the egg molds provided are open on top, and no mention is made of a cover or lid. Thus, the eggs are understood to at least be able to deform upwardly without constraint. Furthermore, while Paragraph 0045-0050 discloses an embodiment which indicates that an irregular surface (the bottom surface) results from contact with the mold, Paragraph 0014 of Hairsine simply states “some egg products have an irregular shaped surface having an irregularly varying height over the product” without specifying if this refers to the top surface, the bottom surface in contact with the mold, or the entirety of the egg product. Consequently, Hairsine discloses cooking in molds with an unconstrained open top, but does not explicitly state that the top surface of the egg naturally deforms upwardly without constraint and in an irregular manner to form a contoured top surface of the cooked egg product. However, such features are obvious in view of the prior art for the reasons stated above with regard to claims 1 and 16.
In response to the Applicant’s argument that, absent a showing that Hairsine's mold-shaped surface results from this unconstrained upward deformation, the "same characteristics" inference and the changes-in-shape rationale under MPEP § 2144.04(IV)(B) do not account for the amended limitation, the Examiner respectfully disagrees. Both the claimed invention and the primary reference are directed to cooking eggs in an open topped pocket comprising a bottom wall, and the claimed process is obvious in view of the prior art as a whole. Furthermore, Kelly and Zisk demonstrate that the egg products naturally deform upwardly without constraint and in an irregular manner to form a contoured top surface when oven cooked in open top containers. Consequently, absent a demonstration of unexpected results, one of ordinary skill in the art would find the claimed method obvious and would recognize that subjecting the same product (eggs) to the same method (cooking in open topped mold) would have the same effect of natural deformation.
Regarding the Applicant’s argument that Fauconnet’s peripheral edge (2a), which is extended upwards by a single peripheral side wall (3), does not disclose the limitations of amended claim 16 and would not arrive at the specific convex profile now claimed, the Examiner respectfully disagrees. The Applicant’s Specification states (Paragraph 0030) perimeter side wall 208 includes at least one convex portion 230 that extends or "bulges" outwardly as compared to a wall that would be perpendicular to the bottom wall 206. The convex portion 230 from Figure 5A is shown below:
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The different embodiments of side walls disclosed by Fauconnet are shown below:
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382
432
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667
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The Examiner maintains that the sidewalls of Fauconnet are convex and bulge outwardly in the same manner as the side wall of the Applicant’s invention. Consequently, claim 16 remains rejected.
Therefore, for the reasons stated above, claims 1, 16, and all dependent claims remain rejected under 35 USC 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Izuel Sanz (US 20150272193 A1) teaches a method for preparing frozen fried eggs, so that, proceeding from fresh eggs, the eggs are broken into corresponding molds impregnated with oil to be introduced into a convection oven.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUSTIN P TAYLOR whose telephone number is (571)272-2652. The examiner can normally be reached M-F 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUSTIN PARKER TAYLOR/Examiner, Art Unit 1792
/VIREN A THAKUR/Primary Examiner, Art Unit 1792
