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 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.
Claims 1-13 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 1 and 13 recite “wherein the first handle and the second handle are configured for grasping in hands of a user, positioning the user for flipping the clamping module and the food item”. It is not clear how the handles can grasp in the hands of a user or how the handles can be configured for positioning a person. Generally, hands grasp objects and people position objects; however, these limitations describe the opposite. Clarification is required. For purposes of examination this limitation is assumed to mean hands can grasp the handles and a person can position the clamping module.
Claims 1, 13 and 15 recite “wherein the grates of the pair of grates are substantially parallel planar”. It is not clear if this limitation requires the grates to be parallel or each other, planar, or both. Clarification is required. For purposes of examination this limitation is assumed to mean the grates are substantially parallel to one another.
Claims 1, 13 and 15 recite “substantially complementarily to a cooking grid of a grill”, “substantially parallel planar” and “substantially opposingly positioned” and claims 3 and 12 recite “substantially circular”. Substantially is a term of degree; however, the original disclosure does not describe how complementarily to a cooking grid of a grill, parallel planar, opposingly positioned or circular is considered substantially complementary, substantially parallel planar, substantially opposingly positioned or substantially circular respectively. Clarification is required.
Claim 3 recites “wherein the ring is substantially circular”. It is not clear which ring this refers to or if it refers to both of the rings. Clarification is required. For purposes of examination this limitation is assumed to refer to either ring.
Claim 5 recites “the ring of each grate”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this ring refers to one of the previously recited elements of the grate or a new element. Clarification is required. For purposes of examination this limitation is assumed to introduce a new element.
Claims 8 and 12 recite “smaller food items”. It is unclear to what these food items are smaller. Clarification is required.
Claims dependent thereon are rejected for inheriting the deficiencies of the respective base claim.
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.
Claims 1-4 and 15 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Knoblock (US 1,070,263).
Regarding claim 1, Knoblock discloses a food grilling device (Figures 3 and 4) comprising a clamping module (Figure 3) sized and shaped substantially complementarily to a cooking grid of a grill (See 112 above. For purposes of examination, this is assumed to mean that the clamping module can be used with a cooking grid of a grill. Figures 3 and 4 show the apparatus is structurally capable of being used with a cooking grid of a grill), wherein the clamping module is configured for at least one of positioning upon or removably replacing the cooking grid (Intended use, the apparatus is structurally capable of being positioned on or replacing a cooking grid), the clamping module comprising:
a pair of grates (Figure 3, 11 and 12);
a first handle (Figure 4, 16, 17 and 21) attached to the pair of grates (Figure 4), at least one grate of the pair of grates being hingedly attached to the first handle (Figures 4 and 7 shows that when sliding loop 14 is slid off of 13, the top grate 11 can hinge from bottom grate 12 with first handle 16, 17 and 21as the pivot point), such that the grates of the pair of grates are selectively positionable in an open configuration (when hinged as described above), wherein one grate of the pair of grates extends angularly from the other grate of the pair of grates (top grate 11 extends angularly from bottom grate 12 in this position), and a closed configuration (Shown in figure 4), wherein the grates of the pair of grates are substantially parallel planar (See 112 above, figure 4 shows the top grate 11 and bottom grate 12 are parallel to one another); and
a second handle (Figure 4, 14) hingedly attached to one grate of the pair of grates (Figures 3 and 4 show that the second handle 14 attaches the top grate 11 to the bottom grate 12 and when the first handle is disengaged, the second handle acts as a hinge between the two grates) and selectively attachable to the other grate of the pair of grates (Figure 4 shows that the sliding loop 14 is attachable to the top grate 14 when it is slid onto 15), such that the second handle is substantially opposingly positioned to the first handle upon attachment to the other grate of the pair of grates (See 112 above. Figure 4 shows the two handles on opposing sides of the grates), wherein the clamping module is configured for clamping onto a food item (p. 1, ll. 92-100 describe the clamping module clamping bread between the two grates) and wherein the first handle and the second handle are configured for grasping in hands of a user, positioning the user for flipping the clamping module and the food item (See 112 above. For purposes of examination this is assumed to mean the handles are structurally capable of being held and the clamping module is structurally capable of being flipped. Figures 3 and 4 show the apparatus is structurally capable of being held and flipped).
Regarding claim 2, Knoblock discloses wherein each grate of the pair of grates comprises: a ring (Figure 1 shows the two grates each comprise a ring, the top ring is indicated by 11 and the bottom ring is indicated by 12); and a plurality of crosspieces (Figure 3, 15), each crosspiece of the plurality of crosspieces having opposed ends attached to the ring (Figure 3 shows each of the cross pieces either extend left to right in the figure and attach at opposing ends of the ring or extend top to bottom in the figure and attach to the top and bottom ends of the ring in the figure).
Regarding claim 3, Knoblock discloses wherein the ring is substantially circular (See 112s above. Figures 3 and 4 show the ring for both grates are circular).
Regarding claim 4, Knoblock discloses wherein both grates of the pair of grates are hingedly attached to the first handle (Figure 4 shows both of the grates are hingedly attached through the first handle 16, 17 and 21).
Regarding claim 15, Knoblock discloses a food grilling method comprising the steps of:
providing a grill (Figure 1, 6) and a food item (p. 1, ll. 92-100 describe the clamping module clamping bread between the two grates);
providing a food grilling device (Figures 3 and 4) comprising a clamping module (Figure 3) sized and shaped substantially complementarily to a cooking grid of a grill(See 112 above. For purposes of examination, this is assumed to mean that the clamping module can be used with a cooking grid of a grill. Figures 3 and 4 show the apparatus is structurally capable of being used with a cooking grid of a grill), the clamping module comprising:
a pair of grates (Figure 3, 11 and 12),
a first handle (Figure 4, 16, 17 and 21) attached to the pair of grates (Figure 4), at least one grate of the pair of grates being hingedly attached to the first handle (Figures 4 and 7 shows that when sliding loop 14 is slid off of 13, the top grate 11 can hinge from bottom grate 12 with first handle 16, 17 and 21as the pivot point), such that the grates of the pair of grates are selectively positionable in an open configuration (when hinged as described above), wherein one grate of the pair of grates extends angularly from the other grate of the pair of grates (top grate 11 extends angularly from bottom grate 12 in this position), and a closed configuration (Shown in figure 4), wherein the grates of the pair of grates are substantially parallel planar (See 112 above, figure 4 shows the top grate 11 and bottom grate 12 are parallel to one another); and
a second handle (Figure 4, 14) hingedly attached to one grate of the pair of grates (Figures 3 and 4 show that the second handle 14 attaches the top grate 11 to the bottom grate 12 and when the first handle is disengaged, the second handle acts as a hinge between the two grates) and selectively attachable to the other grate of the pair of grates (Figure 4 shows that the sliding loop 14 is attachable to the top grate 14 when it is slid onto 15), such that the second handle is substantially opposingly positioned to the first handle upon attachment to the other grate of the pair of grates (See 112 above. Figure 4 shows the two handles on opposing sides of the grates);
firing up the grill (p. 1, ll. 18-25 describe a flame, which must be started at some point);
hinging the grates of the pair of grates to the open configuration (p. 1, ll. 85-92 describes holding food placed between the two loops via 14, which requires 14 to be moved to allow the hinging action);
positioning the food item between the grates of the pair of grates (p. 1, ll. 85-92 describes placing material, i.e. the food item bread, between the two grates);
hinging the grates of the pair of grates to the closed configuration (p. 1, ll. 85-92 describes holding the clamping mechanism in the closed configuration);
attaching the second handle to the other grate of the pair of grates, such that the clamping module is clamped onto the food item (p. 1, ll. 85-92 describes the second handle 14 holding the two grates in place clamped to the food);
positioning the clamping module and the food item on the cooking grid (Figure 4 shows the clamping module on the cooking grid); and
as needed, grasping the first handle and the second handle and flipping the clamping module and the food item (p. 1, ll. 18-25 and p. 1, l. 107 – p. 2, l. 20 describes adjusting the first handle and holding the second handle to turn the clamping module over).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Knoblock (US 1,070,263) in view of Loesch (US 2020/0113384).
Regarding claim 5, Knoblock discloses all the essential features of the invention as claimed and described above except wherein the first handle comprises a first tube positioned around the ring of each grate of the pair of grates, such that both grates of the pair of grates are hingedly attached to the first handle.
Loesch teaches wherein the first handle (Figure 8, 19) comprises a first tube (Figure 8 shows 19 is a tube) positioned around the ring of each grate of the pair of grates (Figures 4 and 8 shows the first tube 19 is around the ring of both the top grate 13 and the bottom grate 15), such that both grates of the pair of grates are hingedly attached to the first handle (Figure 4).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Knoblock’s invention to include wherein the first handle comprises a first tube positioned around the ring of each grate of the pair of grates, such that both grates of the pair of grates are hingedly attached to the first handle in order to provide a way to both cook (in the horizontal position) and move the food from location to location (in the vertical position) and unlatch to access the food as suggested and taught by Loesch in the abstract.
Regarding claim 6, Knoblock in view of Loesch teaches the invention as claimed and discussed above. Loesch further teaches wherein the first tube has a cross- sectional profile (all three dimensional objects necessarily have a cross-sectional profile), the cross-sectional profile being ovoid (paragraph 34 describes the first tube 19 having an arcuate section on each end of a flat section, i.e. an ovoid cross-sectional profile).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Knoblock (US 1,070,263) in view of Rowe et al. IUS 2005/0172948).
Regarding claim 8, Knoblock discloses all the essential features of the invention as claimed and described above except further including a vertical element attached to one of the grates and abutting the other of the grates when the pair of grates is in the closed configuration, the vertical element extending circumferentially around the grate proximate to a circumference of the clamping module, wherein the vertical element is configured for encircling smaller food items positioned between the pair of grates for preventing the smaller food items from falling out of the clamping module as the clamping module is being flipped.
Rowe teaches further including a vertical element (Figure 2, walls 46) attached to one of the grates (bottom grate 32) and abutting the other of the grates (top grate 30) when the pair of grates is in the closed configuration, the vertical element extending circumferentially around the grate proximate to a circumference of the clamping module (Figure 2 shows 46 extends around the entire circumference of the clamping module 14), wherein the vertical element is configured for encircling smaller food items (Figure 2, 56) positioned between the pair of grates for preventing the smaller food items from falling out of the clamping module as the clamping module is being flipped (Intended use, figures 2 and 4 show the clamping module will prevent food from falling out of the clamping module when in the closed position).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Knoblock’s invention to include further including a vertical element attached to one of the grates and abutting the other of the grates when the pair of grates is in the closed configuration, the vertical element extending circumferentially around the grate proximate to a circumference of the clamping module, wherein the vertical element is configured for encircling smaller food items positioned between the pair of grates for preventing the smaller food items from falling out of the clamping module as the clamping module is being flipped in order to prevent food items from falling out while the clamping module is moved.
Claims 9-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Knoblock (US 1,070,263) in view of Kelly (US 5,771,877).
Regarding claim 9, Knoblock discloses all the essential features of the invention as claimed and described above except further including the clamping module being one of a plurality of clamping modules, wherein one clamping module of the plurality of clamping modules is configured for at least one of positioning upon or removably replacing the cooking grid and wherein the remaining clamping modules of the plurality of clamping modules are configured for selective stacking upon the one clamping module of the plurality of clamping modules.
Kelly teaches further including the rack (Figure 2; 21, 22 and 23) being one of a plurality of clamping modules (Figure 2 shows 3 racks 21, 22 and 23), wherein one rack of the plurality of racks is configured for at least one of positioning upon or removably replacing the cooking grid (Figure 2 shows the bottom rack 23 is structurally capable of being positioned upon or removably replacing the cooking grid) and wherein the remaining racks of the plurality of racks are configured for selective stacking upon the one rack of the plurality of racks (Figure 2 shows the racks are stacked upon one another).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Knoblock’s invention to include further including the clamping module being one of a plurality of clamping modules (In the system of Knoblock in view of Kelly, Kelly’s plurality of racks are implemented as a plurality of clamping modules), wherein one clamping module of the plurality of clamping modules is configured for at least one of positioning upon or removably replacing the cooking grid and wherein the remaining clamping modules of the plurality of clamping modules are configured for selective stacking upon the one clamping module of the plurality of clamping modules in order to cook more food in a given amount of time with a given amount of charcoal as suggested and taught by Kelly in col. 1, ll. 53-54.
Regarding claim 10, Knoblock in view of Kelly teaches the invention as claimed and discussed above. Kelly further teaches wherein each rack (In the system of Knoblock in view of Kelly, Kelly’s plurality of racks are implemented as a plurality of clamping modules) of the plurality of racks has a respective circumference (Figure 2), such that the plurality of racks comprises racks having a variety of circumferences (Figure 2), wherein one clamping module of the plurality of clamping modules is configured for at least one of positioning upon or removably replacing the cooking grid (Figure 2, 23), wherein the remaining racks of the plurality of racks are configured for selective stacking upon the one rack of the plurality of racks (Figure 2; 21 and 22), and wherein the plurality of racks is configured for fitting within a lid of the grill (col. 1, ll. 47-49 describe an enclosure, i.e. lid).
Regarding claim 11, Knoblock in view of Kelly teaches the invention as claimed and discussed above. Kelly further teaches wherein the plurality of racks (In the system of Knoblock in view of Kelly, Kelly’s plurality of racks are implemented as a plurality of clamping modules) comprises three racks (Figure 2 shows 3 racks: 21, 22 and 23).
Regarding claim 13, Knoblock discloses a food grilling system (Figures 3 and 4) comprising:
a clamping module (Figure 3) sized and shaped substantially complementarily to the cooking grid (See 112 above. For purposes of examination, this is assumed to mean that the clamping module can be used with a cooking grid of a grill. Figures 3 and 4 show the apparatus is structurally capable of being used with a cooking grid of a grill), the clamping module comprising:
a pair of grates (Figure 3, 11 and 12);
a first handle (Figure 4, 16, 17 and 21) attached to the pair of grates (Figure 4), at least one grate of the pair of grates being hingedly attached to the first handle (Figures 4 and 7 shows that when sliding loop 14 is slid off of 13, the top grate 11 can hinge from bottom grate 12 with first handle 16, 17 and 21as the pivot point), such that the grates of the pair of grates are selectively positionable in an open configuration (when hinged as described above), wherein one grate of the pair of grates extends angularly from the other grate of the pair of grates (top grate 11 extends angularly from bottom grate 12 in this position), and a closed configuration (Shown in figure 4), wherein the grates of the pair of grates are substantially parallel planar (See 112 above, figure 4 shows the top grate 11 and bottom grate 12 are parallel to one another), and
a second handle (Figure 4, 14) hingedly attached to one grate of the pair of grates (Figures 3 and 4 show that the second handle 14 attaches the top grate 11 to the bottom grate 12 and when the first handle is disengaged, the second handle acts as a hinge between the two grates) and selectively attachable to the other grate of the pair of grates (Figure 4 shows that the sliding loop 14 is attachable to the top grate 14 when it is slid onto 15), such that the second handle is substantially opposingly positioned to the first handle upon attachment to the other grate of the pair of grates (See 112 above. Figure 4 shows the two handles on opposing sides of the grates),
a food item (bread) positioned between the grates of the pair of grates (p. 1, ll. 92-100 describe the clamping module clamping bread between the two grates), such that the clamping module is clamped onto the food item (p. 1, ll. 92-100), wherein the first handle and the second handle are configured for grasping in hands of a user, positioning the user for flipping the clamping module and the food item (See 112 above. For purposes of examination this is assumed to mean the handles are structurally capable of being held and the clamping module is structurally capable of being flipped. Figures 3 and 4 show the apparatus is structurally capable of being held and flipped).
Knoblock is silent on a grill comprising a cooking grid; and the clamping module positioned upon the cooking grid.
Kelly teaches a grill comprising a cooking grid (col. 2, ll. 28-35 describes a grill with a metal screen, i.e. cooking grid); and the rack positioned upon the cooking grid (col. 2, ll. 28-35 describes the racks placed upon the cooking grid of the grill).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Knoblock’s invention to include a grill comprising a cooking grid; and the clamping module (in the system of Knoblock in view of Kelly, the racks of Kelly are implemented as the clamping modules in Knoblock) positioned upon the cooking grid in order to provide heat for cooking the food items.
Regarding claim 14, Knoblock in view of Kelly teaches the invention as claimed and discussed above. Kelly is silent on wherein: the grill comprises a lid; the food item is one of a plurality of food items; the clamping module is one of a plurality of clamping modules, each clamping module of the plurality of clamping modules being clamped onto one or more of the food items of the plurality of food items; and each clamping module of the plurality of clamping modules has a respective circumference, such that the plurality of clamping modules comprises clamping modules having a variety of circumferences, one clamping module being sized and shaped substantially complementarily to and positioned upon the cooking grid, the remaining clamping modules of the plurality of clamping modules being stacked upon the one clamping module of the plurality of clamping modules, such that the lid is positioned to selectively cover the plurality of clamping modules.
Kelly further teaches wherein:
the grill comprises a lid (col. 1, ll. 47-49 describe an enclosure, i.e. lid);
the food item is one of a plurality of food items (Figure 2 shows a plurality of food items);
the rack (In the system of Knoblock in view of Kelly, Kelly’s plurality of racks are implemented as a plurality of clamping modules. (Figure 2; 21, 22 and 23) is one of a plurality of racks (Figure 2 shows 3 racks 21, 22 and 23), each rack of the plurality of racks being clamped onto one or more of the food items of the plurality of food items (Knoblock teaches the individual clamping module holds at least one food item, p. 1, ll. 92-100 describe the clamping module clamping bread between the two grates, and Kelly shows multiple food items on each rack in figure 2); and
each rack of the plurality of racks has a respective circumference (Figure 2), such that the plurality of racks comprises racks having a variety of circumferences (Figure 2), one rack being sized and shaped substantially complementarily to and positioned upon the cooking grid (Figure 2, 23), the remaining racks of the plurality of racks (Figure 2; 21 and 22) being stacked upon the one rack of the plurality of racks (Figure 2), such that the lid is positioned to selectively cover the plurality of racks (col. 1, ll. 47-49 describe an enclosure, i.e. lid, which can selectively cover the plurality of racks).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Knoblock in view of Kelly’s invention to include wherein: the grill comprises a lid; the food item is one of a plurality of food items; the clamping module is one of a plurality of clamping modules, each clamping module of the plurality of clamping modules being clamped onto one or more of the food items of the plurality of food items; and each clamping module of the plurality of clamping modules has a respective circumference, such that the plurality of clamping modules comprises clamping modules having a variety of circumferences, one clamping module being sized and shaped substantially complementarily to and positioned upon the cooking grid, the remaining clamping modules of the plurality of clamping modules being stacked upon the one clamping module of the plurality of clamping modules, such that the lid is positioned to selectively cover the plurality of clamping modules in order to cook more food in a given amount of time with a given amount of charcoal as suggested and taught by Kelly in col. 1, ll. 53-54.
Allowable Subject Matter
Claims 7 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
While Loesch teaches a hinge mechanism and a lock mechanism, the prior art of record fails to anticipate and/or render obvious, either alone or in combination, wherein the second handle (Figure 10, 33 and 35) comprises: a second tube positioned around the ring of the one grate of the pair of grates; and a plate attached to and extending arcuately from the second tube defining a slot, such that the slot is positioned for selective insertion of the ring of the other grate of the pair of grates for attaching the second handle to the other grate of the pair of grates and reversibly fixing the grates of the pair of grates in the closed configuration as described in claims 7 and 12.
Conclusion
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/KATHERYN A MALATEK/ Primary Examiner, Art Unit 3741