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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 07/07/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment presents claims 1-9, 11, and 13-20 as amended and claims 10 and 12 as cancelled. Claims 1-9, 11, and 13-20 remain pending examination.
The amendment to the claims obviates the various claim objections.
The amendment to the claims obviates the rejections under 35 USC 112 (b).
Further grounds of rejection, necessitated by amendment, are presented herein.
Response to Arguments
Applicant's arguments filed 07/02/2026 have been fully considered but they are not persuasive.
Rejections under 35 USC 102 and 103
With respect to claim 1 and 11, Applicant traverses the Prieto reference in that:
However, although US2019290062A1 mentions that the free end of the latch 19 may have a structure similar to hook tips, it does not disclose the core feature of claim 1, namely "inner ends of the two hook tines are pointed; one side of the snapping position facing the hook is of a barb structure".
Specifically, the head (21) in US2019290062A1 is primarily intended to be inserted into the opening 18 and locked by spring return, and its structure tends to be a smooth "latching head" or "snap-in" structure. In contrast, claim 1 of the present application explicitly defines the inner ends of the hook tines as "pointed". According to the description, this pointed shape is specifically an L-shaped acute-angle structure, enabling the hook tines to deeply embed into the snapping position.
Furthermore, the rear contour (18a) in US2019290062A1 is merely described as the edge contour behind the opening. In contrast, the present application defines one side of the snapping position as a "barb structure". This geometric fit of "pointed + barb" is not reflected at all in US2019290062A1. Therefore, US2019290062A1 does not disclose the above technical feature "inner ends of the two hook tines are pointed; one side of the snapping position facing the hook is of a barb structure, and when the handle is mounted on the frying basket and reaches the final position, the two hook tines fasten the snapping position".
Regarding claim 11, the independent claim 11 has also been amended accordingly to incorporate the same or corresponding technical features as those incorporated into claim 1, so that the amended claim 11 simultaneously possesses novelty and inventive step, and shares unity with claim 1
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Annotated Figure 1 (Prieto)
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In response, the Examiner respectfully disagrees. The specification does not provide a special definition of “point” or “pointed”, rather just expands upon the shape of the hook tines, and Merriam Webster defines point to mean “the usually sharp or tapering end of something” or “the terminal usually sharp or narrowly rounded part of something” (Merriam Webster Dictionary: https://www.merriam-webster.com/dictionary/point). Thus, Prieto does read on “inner ends of the two hook tines are pointed,” as it can clearly be seen in Annotated Figure 1 that the “head 21” has two hook tines with inner ends that are tapering or narrowly rounded. However, even if the special definition of pointed was explicitly “an L-shaped acute-angle structure, enabling the hook tines to deeply embed into the snapping position” Prieto would still read on the claim. Applicant is directed to look at the magnified portion of “head 21” of Annotated Figure 1, the hook tines of “head 21” form what is an acute L-shape, as the “Top of Hook Tine” and “Bottom/Side of Hook Tine” form less than a 90 degree/right angle. Furthermore, the hook tines of “head 21” are deeply embedded into the snapping position, as seen in Annotated Figure 2.
Additionally, the specification does not provide a special definition of “barb” or “barb structure.” Merriam Webster defines barb to mean “a sharp projection extending backward (as from the point of an arrow or fishhook) and preventing easy extraction” or “a sharp projection with its point similarly oblique to something else” (Merriam Webster Dictionary: https://www.merriam-webster.com/dictionary/barb). Thus, Prieto does read on “one side of the snapping position as a "barb structure," as it can clearly be seen in Annotated Figure 2. “Rear contour 18a” is an “edge” as applicant stated, thus is a sharp projection that extends backwards from the point of the two hook tines of the “head 21” meant to prevent easy extraction, as recognized by Prieto (“the head 21 of the latch 19 and the rear contour 18a of the opening 18 ensuring the locking of the body 11 in the receiving area 8” [0041]). Furthermore, the point at the edge of the “rear contour 18a” is also oblique to the two hook tines of the “head 21,” as seen in Annotated Figure 2.
Although the amended claims do not currently teach this, it is important to note that, Prieto does not teach that the inner ends of the two hook tines come into contact with the buckling plate’s lower surface facing the inner ends of the two hook tines, whilst deeply embedded in the snapping position. However, the prior art reference Hu (C.N. 211324495), does teach this limitation.
Specification
Examiner acknowledges that in the “Specification” section of applicant’s remarks “A clamping plate 19” was uniformly amended to “a limiting plate 19.” However, no amended specification was received in any of the documents submitted on 07/02/2026, thus specification objections remain until amended specification is received.
The disclosure is objected to because of the following informalities:
“A clamping plate 19” (Pg. 15, Paragraph 3, Line 10) should read “a limiting plate 19”.
“A clamping plate 19” (Pg. 15, Paragraph 3, Line 11) should read “a limiting plate 19”.
“A clamping plate 19” (Pg. 15, Paragraph 3, Line 12) should read “a limiting plate 19”.
“A clamping plate 19” (Pg. 15, Paragraph 3, Line 13) should read “a limiting plate 19”.
“A clamping plate 19” (Pg. 15, Paragraph 3, Line 15) should read “a limiting plate 19”.
Appropriate correction is required.
Claim Objections
Claim 11 is objected to because of the following informalities:
“The handle” in line 12 of the claim, should read “the handle portion.”
“The frying basket” in line 13 of the claim, should read “the frying basket body.”
“The handle” in line 16 of the claim, should read “the handle portion.”
“The frying basket” in line 16 of the claim, should read “the frying basket body.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Elastic member” in claims 1 and 13. This limitation uses the generic placeholder “member” (Prong A); the term “member” is modified by functional language “elastic” (Prong B); and the term “member is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “elastic member” will be interpreted as a spring and equivalents, as indicated by: “the elastic member is a spring” (Pg. 5, line 5).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 13-16 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 13 recites “the frying basket having the separated handle according to claim 12,” claim 13 is in dependent form, and due to Claim 12 being cancelled, it does not contain a reference to a claim previously set forth, thus making the scope of the claim unclear and indefinite. Examiner note: for examination purposes, claim 13 will be assumed to have dependence on claim 11.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 11, 13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prieto et al. (U.S. Patent No 20190290062), hereinafter Prieto.
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Regarding claim 1, Prieto discloses a frying basket assembly having a separated handle (Annotated Fig. 3, “Frying Basket Assembly Having Separated Handle”), the frying basket assembly comprising a handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) and a frying basket (Annotated Fig. 3, “vessel 2” [0041]), wherein the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) comprises a mounting portion (Annotated Fig. 6, “body 11” [0040]), the frying basket (Annotated Fig. 3, “vessel 2” [0041]) is provided thereon with a mounting groove (Annotated Fig. 7, “groove 8” [0041]) corresponding to the mounting portion, one of the mounting portion (Annotated Fig. 6, “body 11” [0040]) and the mounting groove (Annotated Fig. 7, “groove 8” [0041]) is provided with a hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]), the other is provided with a snapping position (Annotated Fig. 5, “Snapping Position”) corresponding to the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]), the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) is connected with an elastic member (Annotated Fig. 5, “spring 35” [0039]) so as to make the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) move towards a direction of the snapping position (Annotated Fig. 5, “Snapping Position”), and when the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 3, “vessel 2” [0041]) and reaches a final position (Annotated Fig. 3, “Final Position”), the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) is clamped into the snapping position (Annotated Fig. 5, “Snapping Position”), to non-detachably fix the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) on the frying basket (Annotated Fig. 3, “vessel 2” [0041]),
wherein a free end (Annotated fig. 6, “Free End of the Hook”) of the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) has two hook tines (Annotated Fig. 4, “Two Hook Tines”), and when the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 3, “vessel 2” [0041]) and reaches the final position (Annotated Fig. 3, “Final Position”), the two hook tines (Annotated Fig. 4, “Two Hook Tines”) are clamped into the snapping position (Annotated Fig. 5, “Snapping Position”),
inner ends (Annotated Fig. 1, “Inner End”) of the two hook tines (Annotated Fig. 4, “Two Hook Tines”) are pointed; one side of the snapping position (Annotated Fig. 5, “Snapping Position”)facing the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) is of a barb structure, and when the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 3, “vessel 2” [0041]) and reaches the final position (Annotated Fig. 3, “Final Position”), the two hook tines (Annotated Fig. 4, “Two Hook Tines”) fasten the snapping position (Annotated Fig. 5, “Snapping Position”) (“the part 33 can be assembled with the first container 5 of the vessel 2 through the use of a second removable assembly device 49 implemented by means of the body 11 incorporating the latch 19 and of the receiving area 8 comprising the opening 18, the head 21 of the latch 19 and the rear contour 18a of the opening 18 ensuring the locking of the body 11 in the receiving area 8” [0041]).
Regarding claim 2, Prieto further discloses wherein the mounting portion (Annotated Fig. 6, “body 11” [0040]) has an accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”), the hook has a connecting end (Annotated Fig. 6, “Connecting End of the Hook”) and the free end (Annotated Fig. 6, “Free End of the Hook”), wherein the connecting end (Annotated Fig. 6, “Connecting End of the Hook”) is hinged in the accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”), and the free end (Annotated Fig. 6, “Free End of the Hook”) extends out of the accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”) to face the snapping position (Annotated Fig. 5, “Snapping Position”).
Regarding claim 3, Prieto further discloses wherein the elastic member is a spring (Annotated Fig. 5, “spring 35” [0039]), the spring (Annotated Fig. 5, “spring 35” [0039]) has a first end (Annotated Fig. 5, “First End”) abutting against an inner wall (Annotated Fig. 5, “Inner Wall of the Accommodating Cavity”) of the accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”), and a second end (Annotated Fig. 5, “Second End”) abutting against the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]).
Regarding claim 4, Prieto further discloses wherein a guiding groove (Annotated Fig. 5, “Guiding Groove”) is provided in the accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”), and the first end (Annotated Fig. 5, “First End”) of the spring (Annotated Fig. 5, “spring 35” [0039]) is limited in the guiding groove (Annotated Fig. 5, “Guiding Groove”).
Regarding claim 5, Prieto further discloses wherein the mounting groove (Annotated Fig. 7, “groove 8” [0041]) is provided with a guiding slope (Annotated Fig. 7, “rear contour 18a” [0039]), and when the mounting portion (Annotated Fig. 6, “body 11” [0040]) is vertically slid, the free end (Annotated Fig. 6, “Free End of the Hook”) of the hook (Annotated Fig. 5, “latch 19” and “head 21” [0039]) is gradually received in the accommodation cavity (Annotated Fig. 6, “Accommodating Cavity”) under extrusion of the guiding slope (Annotated Fig. 7, “rear contour 18a” [0039]).
Regarding claim 6, Prieto further discloses wherein the mounting groove (Annotated Fig. 7, “groove 8” [0041]) is a U-shaped groove (Annotated Fig. 7, “U-shaped Groove”), and the mounting portion (Annotated Fig. 6, “body 11” [0040]) is inserted from a groove opening (Annotated Fig. 7, “Groove Opening”) of the U-shaped groove (Annotated Fig. 7, “U-shaped Groove”), and slid downwards into the U-shaped groove (Annotated Fig. 7, “U-shaped Groove”).
Regarding claim 7, Prieto further discloses wherein a step surface (Annotated Fig. 7, “notch 13” [0035]) is provided at the groove opening (Annotated Fig. 7, “Groove Opening”) of the U-shaped groove (Annotated Fig. 7, “U-shaped Groove”), a top end (Annotated Fig. 6, “Top End of the Mounting”) of the mounting portion (Annotated Fig. 6, “body 11” [0040]) is provided with a blocking portion (Annotated Fig. 3, “support bracket 12” [0036]), and when the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 3, “vessel 2” [0041]) and reaches the final position (Annotated Fig. 3, “Final Position”), the blocking portion (Annotated Fig. 3, “support bracket 12” [0036]) covers the step surface (Annotated Fig. 7, “notch 13” [0035]).
Regarding claim 8, Prieto further discloses wherein two sides of the mounting portion (Annotated Fig. 6, “body 11” [0040]) are provided with two protrusions (Annotated Fig. 4, ”two fingers 36, 37” [0039]), the mounting groove (Annotated Fig. 7, “groove 8” [0041]) is provided with a corresponding limiting groove (Annotated Fig. 7, “notches 38,39” [0039]), and the protrusions (Annotated Fig. 4, ”two fingers 36, 37” [0039]) are limited in the limiting grooves (Annotated Fig. 7, “notches 38,39” [0039]) to prevent the mounting portion (Annotated Fig. 6, “body 11” [0040]) from moving out of the mounting groove (Annotated Fig. 7, “groove 8” [0041]).
Regarding claim 9, Prieto further discloses wherein one of a bottom end of the mounting groove (Annotated Fig. 7, “groove 8” [0041]) and a bottom end of the mounting portion (Annotated Fig. 6, “body 11” [0040]) is provided with a positioning groove (Annotated Fig. 7, “opening 18” [0039]), and the other is provided with a corresponding positioning post (Annotated Fig. 4, “Positioning Post”), and when the handle (Annotated Fig. 6, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 3, “vessel 2” [0041]) and reaches the final position (Annotated Fig. 3, “Final Position”), the positioning post (Annotated Fig. 4, “Positioning Post”) is clamped into the positioning groove (Annotated Fig. 7, “opening 18” [0039]).
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Regarding claim 11, Prieto discloses a frying basket having a separated handle (Annotated Fig. 8, “Frying Basket Having a Separated Handle”), comprising a frying basket body (Annotated Fig. 8, “vessel 2” [0041]) and a handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]), wherein the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) and the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) are detachably connected to each other, and the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) has a space inside (Annotated Fig. 12, “Space Inside Capable of Accommodating the Handle Portion”) capable of accommodating the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]), the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) is provided thereon with a mounting port (Annotated Fig. 12, “groove 8” [0041]), one end of the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is provided with a mounting base (Annotated Fig. 11, “body 11” [0040]), and the mounting base (Annotated Fig. 11, “body 11” [0040]) fits and is embedded into the mounting port (Annotated Fig. 12, “groove 8” [0041]),
wherein the mounting base (Annotated Fig. 11, “body 11” [0040]) is provided thereon with a snap-fit structure (Annotated Figure 10, “Snapping Position”) for locking with the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) in a snap-fit manner (Annotated Figure 10, “Snapping Position”) when the mounting base (Annotated Fig. 11, “body 11” [0040]) fits and is embedded into the mounting port (Annotated Fig. 12, “groove 8” [0041]),
wherein the snap-fit structure (Annotated Figure 10, “Snapping Position”) comprises a hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]), the hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]) has a first end (Annotated Fig. 11, “End Hinged to Mounting Base”) hinged to the mounting base (Annotated Fig. 11, “body 11” [0040]), and a second end (Annotated Fig. 11, “Movable End”) being a movable end,
wherein the movable end (Annotated Fig. 11, “Movable End”)of the hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]) has two hook tines (Annotated Fig. 9, “Two Hook Tines”), and when the handle (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 8, “vessel 2” [0041]) and reaches a final position (Annotated Fig. 3, “Final Position”) the two hook tines (Annotated Fig. 9, “Two Hook Tines”) are clamped into a snapping port (Annotated Figure 10, “Snapping Port”),
inner ends of the two hook tines (Annotated Fig. 9, “Two Hook Tines”) are pointed; one side of the snapping port (Annotated Figure 10, “Snapping Port”) facing the hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]) is of a barb structure, and when the handle (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is mounted on the frying basket (Annotated Fig. 8, “vessel 2” [0041]) and reaches the final position (Annotated Fig. 3, “Final Position”), the two hook tines (Annotated Fig. 9, “Two Hook Tines”) fasten the snapping port (Annotated Figure 10, “Snapping Port”) (“the part 33 can be assembled with the first container 5 of the vessel 2 through the use of a second removable assembly device 49 implemented by means of the body 11 incorporating the latch 19 and of the receiving area 8 comprising the opening 18, the head 21 of the latch 19 and the rear contour 18a of the opening 18 ensuring the locking of the body 11 in the receiving area 8” [0041]).
Regarding claim 13, Prieto further discloses wherein an elastic member (Annotated Fig. 5, “spring 35” [0039]) is mounted between the movable end (Annotated Fig. 11, “Movable End”) and the mounting base (Annotated Fig. 11, “body 11” [0040]), the mounting port (Annotated Fig. 12, “groove 8” [0041]) is provided therein with the snapping port (Annotated Figure 10, “Snapping Port”), and the movable end (Annotated Fig. 11, “Movable End”) of the hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]) extends out under action of the elastic member (Annotated Fig. 5, “spring 35” [0039]) to be clamped and locked with the snapping port (Annotated Figure 10, “Snapping Port”).
Regarding claim 17, Prieto further discloses wherein the mounting port (Annotated Fig. 12, “groove 8” [0041]) is provided at one side edge of the frying basket body (Annotated Fig. 8, “vessel 2” [0041]), and the mounting base (Annotated Fig. 11, “body 11” [0040]) of the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is slid into the mounting port (Annotated Fig. 12, “groove 8” [0041]) from top to bottom or from bottom to top.
Regarding claim 18, Prieto further discloses wherein two limiting grooves (Annotated Fig. 12, “notches 38,39” [0039]) are provided on two side walls (Annotated Fig. 12, two “Side Wall”) at two sides of the mounting port (Annotated Fig. 12, “groove 8” [0041]), and two limiting protrusions (Annotated Fig. 9, ”two fingers 36, 37” [0039]) corresponding to the limiting grooves (Annotated Fig. 12, “notches 38,39” [0039]) are provided at two sides of the mounting base (Annotated Fig. 11, “body 11” [0040]); or the side walls (Annotated Fig. 12, two “Side Wall”) at the two sides of the mounting port (Annotated Fig. 12, “groove 8” [0041]) are provided with the limiting protrusions (Annotated Fig. 9, ”two fingers 36, 37” [0039]), and the two sides of the mounting base (Annotated Fig. 11, “body 11” [0040]) are provided with the limiting grooves (Annotated Fig. 12, “notches 38,39” [0039]) corresponding to the limiting protrusions (Annotated Fig. 9, ”two fingers 36, 37” [0039]), and when the mounting base (Annotated Fig. 11, “body 11” [0040]) is slid into the mounting port (Annotated Fig. 12, “groove 8” [0041]), the limiting protrusions (Annotated Fig. 9, ”two fingers 36, 37” [0039]) are clamped into the limiting grooves (Annotated Fig. 12, “notches 38,39” [0039]).
Regarding claim 19, Prieto further discloses wherein the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) comprises a pot body (Annotated Fig. 8, “first container 5” [0041]) and a panel (Annotated Fig. 8, “facade 4” [0035]) provided at one side of the pot body (Annotated Fig. 8, “first container 5” [0041]), the mounting port (Annotated Fig. 12, “groove 8” [0041]) is provided on the panel (Annotated Fig. 8, “facade 4” [0035]), and a space (Annotated Fig. 11, “Space Capable of Accommodating Handle Portion”) capable of accommodating the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is provided in the pot body (Annotated Fig. 8, “first container 5” [0041]).
Regarding claim 20, Prieto discloses an air fryer (“hot air fryer cooking appliance” [0007]), comprising a fryer body (“the invention concerns a hot air fryer cooking appliance which comprises a main body” [0008]) and the frying basket assembly having the separated handle (Annotated Fig. 3, “Frying Basket Assembly Having Separated Handle”) according to claim 1, wherein the frying basket assembly (Annotated Fig. 3, “Frying Basket Assembly Having Separated Handle”) enters or exits the fryer body in a push-and-pull manner (“On certain models of hot air fryer cooking appliances, the vessel is removable from the body of the cooking appliance. We will mention, for example, the following models: Philips® HD9220/20 AirFryer®; Russell Hobbs® 20810-56; Aicok® AHF001. The vessel is inserted into the body and removed from the latter like a drawer” [0005]).
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.
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Prieto in view of Hu et al. (C.N. Patent No. 211324495), hereinafter Hu.
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Annotated Figure 13 (Hu)
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Annotated Figure 14 (Hu)
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Annotated Figure 15 (Hu)
Regarding claim 14, Prieto further discloses wherein a buckling plate (Annotated Fig. 12, “rear contour 18a” [0039]) towards the hook (Annotated Fig. 10, “latch 19” and “head 21” [0039]) is disposed inside the mounting port (Annotated Fig. 12, “groove 8” [0041]), and the snapping port (Annotated Figure 10, “Snapping Port”) is formed between an extending end of the buckling plate (Annotated Fig. 12, “rear contour 18a” [0039]) and the frying basket body (Annotated Fig. 8, “vessel 2” [0041]).
Prieto does not explicitly teach wherein a buckling plate inclined towards the hook, an inclined extending end of the buckling plate.
However, Hu discloses a frying basket having a separated handle (“handle (3) is detachably connected with the pot body (5)” [Pg. 1]) wherein a buckling plate (Annotated Fig. 14, “Buckling Plate”) inclined towards the hook (Annotated Fig. 15, “locking rod 62” and “hook part 63” [Pg. 5]) is disposed inside the mounting port (Annotated Fig. 14, “pan body 5” [Pg. 4]), an inclined extending end (Annotated Fig. 14, “Inclined Extending End”) of the buckling plate (Annotated Fig. 14, “Buckling Plate”).
Regarding the inclined extending end of the buckling plate in claim 14, at the time the invention was made it would have been obvious mater of design choice to a person of ordinary skill in the art to have an inclined extending end of the buckling plate instead of a horizontal extending end of the buckling plate, because applicant has not disclosed that the inclined extending end of the buckling plate provides an advantage, is used for particular purpose, or solves a stated problem. One of ordinary skill in the art would have expected the Applicant's invention to perform equally well with a horizontal extending end of the buckling plate or an inclined extending end of the buckling plate, because both perform the function of locking the hook into the snapping port equally well (MPEP 2144.04 IV B)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Prieto in view of Du et al. (C.N. Patent No. 114052520), hereinafter Du.
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Regarding claim 16, Prieto further discloses a plug (Annotated Fig. 8, “control button 34” [0039]).
Prieto does not explicitly disclose wherein the through-hole is blocked by a removable plug.
However, Du discloses a frying basket having a separated handle (“a food processing device, comprising a first container and a second container, wherein the first container can be placed in the second container; the handle assembly comprises a handle main body and a first locking mechanism and a second locking mechanism set on the handle main body, the first locking mechanism can be locked and fixed with the first container in an unlocking manner” [Pg. 1]) wherein the through-hole (Annotated Fig. 16, “through-hole”) is blocked by a removable plug (Annotated Fig. 16, “second key 102” [Pg. 5]).
It would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Prieto to incorporate the teachings of Du to have a removable plug. Doing so allows for easier access and a view inside of the mounting base of the handle portion. Ease of access and a view to the inside of the mounting base of the handle portion allows the user to see if parts are broken or need replacement without having to disassemble the whole handle portion.
Alternatively, claim 19 is rejected under 35 U.S.C. 103 as obvious over Prieto in view of Wang et al. (C.N. Patent No. 215383110), hereinafter Wang.
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Annotated Figure 18 (Wang)
Regarding claim 19, Prieto further discloses wherein the frying basket body (Annotated Fig. 8, “vessel 2” [0041]) comprises a pot body (Annotated Fig. 8, “first container 5” [0041]) and a panel (Annotated Fig. 8, “facade 4” [0035]) provided at one side of the pot body (Annotated Fig. 8, “first container 5” [0041]), the mounting port (Annotated Fig. 12, “groove 8” [0041]) is provided on the panel (Annotated Fig. 8, “facade 4” [0035]), and a space (Annotated Fig. 11, “Space Capable of Accommodating Handle Portion”) capable of accommodating the handle portion (Annotated Fig. 11, “part 33” and “support bracket 12” [0040]) is provided in the pot body (Annotated Fig. 8, “first container 5” [0041]).
Wang also discloses wherein a space (Annotated Fig. 18, “Space Capable of Accommodating Handle Portion”) capable of accommodating the handle portion (Annotated Figs. 17 and 18, “handle 3” [n0023]) is provided in the pot body (Annotated Figs. 17 and 18, “pot body 1” [n0023]).
It would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Prieto to incorporate the teachings of Wang to have a space capable of accommodating the handle potion provided in the pot body. Doing so allows “the lid to be folded into the storage position to reduce its size, making it easier to store and transport and reducing packaging costs. It also allows the lid to be placed upright in the unfolding position, preventing the bottom of the lid from getting dusty or contaminated with bacteria from contacting the table, ensuring the lid is clean and hygienic and improving the user experience” (Pg. 2, Paragraph 0004), as recognized by Wang.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.E.U./Examiner, Art Unit 3761 08/27/2026
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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