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 .
Claim Objections
Claim 5 is objected to because of the following informalities: “defines a height such an item” is grammatically incorrect and was likely intended to read “defines a height such that an item”. Appropriate correction is required.
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 embodiment of the bun holder having both ribs and an opening (see e.g. claim 20) 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 because shading something black is prohibited. This refers to 708 in Figure 7. See 37CFR1.84. 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.
Specification
The disclosure is objected to because of the following informalities: Paragraph 52 of the specification needs to be moved to a separate sheet as the claims must start on a separate sheet.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 6-10 introduces the embodiment of Fig. 5, that is wherein the apex is an opening, into the claim. In combination with claim 1 this requires both ribs “protruding above the apex” and an “opening at the apex”. This is not reasonably given written description support by the specification. Firstly, this combination of limitations appears contradictory, i.e. how does an opening also include ribs “above” the opening. Secondly, even if one were to imagine such a construction such as the ribs “bridging” the opening this would not be a reasonably supported construction as the function of the opening, according to applicant, is to provide an open non-contact area for the “bun hinge”.
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.
Claims 6-10 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. Claims 6-10 introduce the “a wedge-shaped bun support” comprising an “opening at the apex”. The apex is a previously separately claimed element (claim 1) that is part of “a ridge” along with the first and second side surfaces. As such it is unclear if a new element, the “wedge shaped bun support” is being introduced or if this is just a name for the combined structures which form the wedge as previously recited. As the latter is more consistent with the specification this is the interpretation taken for the sake of examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by USPUB 20050204931.
Cheng teaches:
Regarding claim 1
A toasting tray for buns comprising: a. a ridge having an apex (annotated fig. below), a first side surface on a first side of the apex and a second side surface on a second side of the apex (annotated Fig. below); b. a horizontal section connected at a lower end of each of the first side surface and the second side surface (annotated Fig. below); c. a plurality of ribs protruding above the apex (the grill mark protrusions that extend out of the tray are considered the ribs), the first side surface, the second side surface and the horizontal section (Fig. 6a shows they extend across the whole surface and thus provide an elevated rib everywhere); and d. a plurality of elongated conducting elements (615) positioned inside the ridge in thermal contact with a downward facing surface of the toasting tray (Fig. 6b).
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526
799
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Regarding claim 2
Wherein the toasting tray comprises a thermally conductive material (the device is a grilling pan conducting heat to food as exemplified in Fig. 1).
Regarding claim 3
wherein the first side surface and the second side surface are planar (Fig. 6b).
Regarding claim 4
wherein the first side surface and the second side surface each define a width configured to allow a bun to rest thereon (Fig. 6b, one could certainly place a bun on this surface and product claims are defined by what they are not their function, see MPEP §2114).
Regarding claim 5
Wherein the ridge defines a height such an item may be cooked (the device is intended for cooking food and is comprised of structure mirroring applicant’s; see also claim objection above).
Regarding claim 18
A toasting tray for buns comprising: a wedge-shaped bun support (annotated fig. above comprising the two angled side surfaces and apex) comprising a cooking surface (surface on which ribs are placed) and a thermal contact surface (top surface of ribs on which cooked food will lie); b. a plurality of ribs on the cooking surface (annotated Fig. above); c. at least one cavity within the wedge-shaped bun support (annotated Fig. above see space formed in “tent” shape of the side walls); d. at least one conducting element thermally connecting the cooking surface to the thermal contact surface (615); and e. at least one tray proximate to a bottom section of the wedge-shaped bun support (horizontal section may be reasonably considered a tray).
Regarding claim 19
wherein the at least one cavity is at least one channel extending through the wedge-shaped bun support from an open first end of the wedge-shaped bun support to an open second end of the wedge-shaped bun support (see annotated Fig. above any of the lateral spaces between 615 may be considered a “channel”).
Claim(s) 11-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US D386939 to Kelly et al.
Regarding claims 11-20
Kelly teaches:
A toasting tray for buns comprising: a. a wedge-shaped bun support (annotated Fig. below) comprising a cooking surface (upper portion of wedge where bun could be placed over) and a thermal contact surface (lower portion of wedge where bun would not generally be placed over); wherein the wedge-shaped bun support comprises: a. an apex (annotated Fig. below); b. a first ridge on a first side of the wedge-shaped bun support proximate to the apex (right angled protrusion); c. a second ridge on a side of the wedge-shaped bun support proximate to the apex (left angled protrusion); and d. an opening on the apex (annotated Fig. below) between the first ridge and the second ridge wherein the opening extends to an interior cavity of the wedge-shaped bun support (annotated Fig. below); comprising a plurality of ribs on the cooking surface (annotated Fig. below); comprising at least one conducting element thermally connecting the cooking surface to the thermal contact surface (annotated Fig. below); comprising at least one tray proximate to a bottom section of the wedge-shaped bun support (annotated Fig. below); comprising a lip on a perimeter edge of the toasting tray (annotated Fig. below); comprising a handle in attachment with an end portion of the toasting tray (annotated Fig. below); wherein the at least one cavity is at least one channel extending through the wedge-shaped bun support from an open first end of the wedge-shaped bun support to an open second end of the wedge-shaped bun support (annotated Fig. below).
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634
1004
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Examiner notes:
While in general it is best practice to handle claims separately the Examiner has grouped them to make reference to the annotated Figure easier for Applicant. It is noted that the cited prior art is a design patent and thus does not contain reference numerals or a written description.
Separately it is noted that any limitations pertaining to the functioning of the device with respect to toasting/conducting are considered functional limitations that a device for cooking bacon would be capable of performing. Product claims must be evaluated for what they are and not what they do (see MPEP §2114).
Lastly claim 19 appears to redefine the “at least one cavity” to “at least one channel”. There is nothing necessarily wrong with this as applicant puts additional limitations regarding the channel above merely the cavity. However, read literally each cavity now has to be a channel “wherein the at least one cavity is at least one channel” and based on the Specification I am not sure this was intended by Applicant. I believe Applicant may have intended to state “wherein at least one cavity of the at least one cavities comprises a channel” or similar thus allowing the channels to comprise a subset of the cavities.
Prior Art
Claims 6-10 are not rejected over prior art. However, the rejections under 35 USC §112 are such that a statement of allowance over prior art cannot be made at present.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOODY A LEE JR whose telephone number is (571)272-1051. The examiner can normally be reached Monday - Friday 0800-1630.
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/WOODY A LEE JR/Primary Examiner, Art Unit 3761