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 .
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:
In claim 1, “spaced-apart cooking sidewalls”
In claim 6, “an inboard cooking side wall and an outboard cooking sidewall”
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.
Claim Objections
Claims 1 and 17 is objected to because of the following informalities:
In claim 1, the limitation “…the food contact surface…” in line 2, should change to “…the upper food contact surface…”.
In claim 17, the term “…it…” should change to “…the each sidewall…”.
Appropriate correction is required.
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 1-20 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.
In claim 1:
the term “…have an articulated…” is indefinite, it is unclear what is being articulated in the limitation, and also articulation is usually involve 2 or more surfaces, so what are the surfaces being articulated. Clarification is required. For examination purposes, it is assumed that such limitation is merely a description for “the upper food contact surface”.
In claim 6:
The limitation “…each trough…” is already recited in claim 1, it is unclear how many “each trough” is being claimed, and are they the same. Clarification is required. For examination purposes, it is assumed that they are the same.
The limitation “…each trough is defined between an inboard cooking sidewall and on outboard cooking sidewall…” is indefinite, it is unclear how many “side walls” are defining the “each trough” when in view the limitation cited in claim 1 “…each trough defined by spaced-apart cooking sidewalls…”, since drawing does not indicate which sidewall is which sidewall, there is no clear understand how many sidewalls are actually defining the “each trough”. Clarification is required. For examination purposes, it is assumed that the “spaced-apart cooking sidewalls” is the overall sidewalls, which including the “inboard sidewall” and “outboard sidewall”. It is suggested to amend claim 6 similar to “…the spaced-apart cooking sidewalls comprising an inboard cooking sidewall and an outboard cooking sidewall…”.
In claim 10, the limitation “…the grill…” is lack of antecedent basis in the claim.
In claim 11, the limitation “…the lower rim…” is lack of antecedent basis in the claim.
In claim 12, the limitation “…the grill…” is lack of antecedent basis in the claim.
In claim 13, the limitation “…the grill…” is lack of antecedent basis in the claim.
In claim 14, the limitation “…the grill…” is lack of antecedent basis in the claim.
In claim 19:
The limitation “…the grill…” is lack of antecedent basis in the claim.
The limitation “…the trough sidewalls…” is lack of antecedent basis in the claim.
In claim 20, the limitation “…the grill…” is lack of antecedent basis in the claim.
Claim 11 is dependent claim of claim 10, and are rejected based on the inherited deficiencies.
Claim Rejections - 35 USC § 102
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 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 1-7 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HUANG et al (US2015/0320258A1) herein set forth as HUANG.
Regarding claim 1, HUANG discloses a food heating appliance (refer to fig.1) comprising:
a grill member (lower grilling unit #1 and #12, fig.1-2) having an upper food contact surface (refer to the surface of the lower grilling unit #1 in fig.1 and 2); the food contact surface (refer to the surface of the lower grilling unit #1 in fig.1 and 2) having an articulated (refer to the area and shape of the surface at #12, #122 and #121 in fig.2) defining a plurality of upwardly-open cooking troughs (refer to the annotated “trough” in Zoom In fig.2) each configured to receive a food item (Examiner note: it is an intended use, prior art of record HUANG’s trough capable to receive a food item such as a hot dog);
each trough (refer to the annotated “trough” in Zoom In fig.2) defined by spaced-apart cooking sidewalls (refer to the annotated “sidewall” in Zoom In fig.2) connected at a lower surface portion (refer to the flat surface between each of the annotated “sidewall” in Zoom In fig.2); and
a heating element assembly (lower main heater module #13, fig.1-2) connected (refer to fig.1) to the lower surface portions (refer to the flat surface between each of the annotated “sidewall” in Zoom In fig.2).
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Regarding claim 2, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the heating element (lower main heater module #13, fig.1-2) is a horizontal element (refer to the horizontal position of lower main heater module #13 on the lower grill plate #1 in fig.1-2) below the troughs (refer to the annotated “trough” in Zoom In fig.2).
Regarding claim 3, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the sidewalls (refer to the annotated “sidewall” in Zoom In fig.2) are tapered (refer to the tapered side of the annotated “sidewall” in Zoom In fig.2), and narrow upwardly (refer to the narrower top tip of the annotated “sidewall” in Zoom In fig.2).
Regarding claim 4, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses outer sidewalls (refer to the annotated “outer” in Zoom In fig.2) whose upper portions (refer to the tip portion of the annotated “outer” in Zoom In fig.2) are connected (Examiner note: as shown in the fig.2, the tip portion of the outer sidewalls and the other sidewall are all connected in one piece) to upper portions (refer to the tip portion of the annotated “sidewall” in Zoom In fig.2) of the cooking sidewalls (refer to the other remaining annotated “sidewall” in Zoom In fig.2).
Regarding claim 5, HUANG discloses substantially all features set forth in claim 4, HUANG further discloses wherein the outer sidewalls (refer to the annotated “outer” in Zoom In fig.2) have a narrower thickness (refer to the narrower thickness of the annotated “outer” compare to the remaining annotated “sidewall” in Zoom In Fig.2) than the cooking sidewalls (refer to the other remaining annotated “sidewall” in Zoom In fig.2).
Regarding claim 6, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein each trough (refer to the annotated “trough” in Zoom In fig.2) is defined between an inboard cooking sidewall (refer to the rest of the annotated “sidewall” beside the annotated “outer” in Zoon In Fig.2) and an outboard cooking sidewall (refer to the annotated “outer” in Zoom In fig.2), the inboard cooking sidewalls (refer to the rest of the annotated “sidewall” beside the annotated “outer” in Zoon In Fig.2) being proximate each other (refer to the proximate closeness of the annotated “sidewall”), and the inboard cooking sidewalls (refer to the rest of the annotated “sidewall” beside the annotated “outer” in Zoon In Fig.2) being thicker (refer to the thickness in Zoom In fig.2) than the outboard cooking sidewalls (refer to the annotated “outer” in Zoom In fig.2).
Regarding claim 7, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the heating element assembly (lower main heater module #13, fig.1-2) is connected directly to the lower surface portion (refer to the flat surface between each of the annotated “sidewall” in Zoom In fig.2) in physical contact therewith (refer to #13 is physical contact with #12 in fig.1).
Regarding claim 10, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the grill (lower grilling unit #1 and #12, fig.1-2) has a peripheral rim (lower mounting seat #11, fig.1) encompassing the heating element assembly (lower main heater module #13, fig.1-2).
Regarding claim 11, HUANG discloses substantially all features set forth in claim 10, HUANG further discloses wherein the lower rim (refer to the rim of lower mounting seat #11, fig.1 and 2) is at a level (refer to the fig.1 and 2 #11 is lower than #12) below the troughs (refer to the annotated “trough” in Zoom In fig.2).
Regarding claim 12, HUANG discloses substantially all features set forth in claim 10, HUANG further discloses a planar bottom panel (refer to the flat planar panel of lower mounting seat #11 in fig.2) attached to the grill (lower grilling unit #1 and #12, fig.1-2) to enclose the heating element assembly (lower main heater module #13, fig.1-2).
Regarding claim 13, HUANG discloses substantially all features set forth in claim 10, HUANG further discloses wherein the grill (lower grilling unit #1 and #12, fig.1-2) is a unitary seamless body (refer to the unitary seamless body of #1 and #12 in fig.1-2) above the lower rim (refer to the rim of lower mounting seat #11, fig.1 and 2).
Regarding claim 14, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the grill (lower grilling unit #1 and #12, fig.1-2) is a unitary body (refer to the unitary seamless body of #1 and #12 in fig.1-2).
Regarding claim 15, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein each sidewall (refer to the annotated “sidewall” in Zoom In fig.2) has a greater thickness at a lower portion (refer to the wider lower portion on all the annotated “sidewall”).
Regarding claim 16, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein each sidewall (refer to the annotated “sidewall” in Zoom In fig.2) has a greater thickness (refer to the wider lower portion on all the annotated “sidewall”) adjacent to the heating element assembly (lower main heater module #13, fig.1-2).
Regarding claim 17, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein each sidewall (refer to the annotated “sidewall” in Zoom In fig.2) is tapered to narrow as it extends upward (refer to the narrower tip of all the annotated “sidewall” in Zoom In fig.2).
Regarding claim 18, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses a heating element segment (refer to the shape of the lower main heater module #13 shape in fig.2) below and aligned with each sidewall (refer to the annotated “sidewall” in Zoom In fig.2).
Regarding claim 19, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the grill (lower grilling unit #1 and #12, fig.1-2) has opposed sidewalls (refer to the annotated “sidewall” in Zoom In fig.2) at each trough (refer to the annotated “trough” in Zoom In fig.2), each having a typical thickness, and the grill (lower grilling unit #1 and #12, fig.1-2) has exterior walls (refer to the annotated “outer” in Zoom In fig.2) at a perimeter (refer to the surrounding of the annotated “outer” in Zoom In fig.2), and the exterior walls (refer to the annotated “outer” in Zoom In fig.2) are thinner than the typical thickness (refer to annotated “outer” is narrower in thickness compare to the other annotated “sidewall”) of the trough sidewalls (refer to the annotated “sidewall” in Zoom In fig.2).
Regarding claim 20, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the grill (lower grilling unit #1 and #12, fig.1-2) is a casting free of undercuts (refer to the fig.1 and 2, there is not undercut) and free of negative draft angles (refer to fig.1 and 2, there is no negative draft angles).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over HUANG et al (US2015/0320258A1) herein set forth as HUANG, in view of Lee (US3669006) herein set forth as Lee.
Regarding claim 8, HUANG discloses substantially all features set forth in claim 1, HUANG further discloses wherein the lower surface portion (refer to the flat surface between each of the annotated “sidewall” in Zoom In fig.2) has a plurality of heat sink facilities (Examiner note: each section of the grill plate underneath material is the heat sink facilities).
HUANG does not explicitly disclose each registered with one of the troughs, the heating element assembly connected to each of the heat sink facilities.
In the similar field of a grilling apparatus, Lee discloses the plurality of heat sink facilities (refer to each of section that annotated “heat sink” in fig.6) each registered with one of the troughs (refer to #30 and #29, fig.6), the heating element assembly (refer to the annotated “heater” in fig.6) connected to each of the heat sink facilities (refer to each of section that annotated “heat sink” in fig.6).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HUANG’s heating assembly to registered with one of the troughs, the heating element assembly connected to each of the heat sink facilities, as taught by Lee, in order to provide more equalized and distributed heating to the grilling surface, such that would have a better grilling experience and better grilled food.
Regarding claim 9, HUANG discloses substantially all features set forth in claim 8, HUANG does not explicitly disclose wherein each of the heat sink facilities defines a channel configured to closely receive an elongated portion of the heating element assembly.
In the similar field of a grilling apparatus, Lee discloses wherein each of the heat sink facilities (refer to each of section that annotated “heat sink” in fig.6) defines a channel (refer to the channel form by #30 and #29 in fig.6) configured to closely receive an elongated portion (refer to the direction of the heater in fig.6) of the heating element assembly (refer to the annotated “heater” in fig.6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HUANG’s apparatus with wherein each of the heat sink facilities defines a channel configured to closely receive an elongated portion of the heating element assembly, as taught by Lee, in order to provide more equalized and distributed heating to the grilling surface, such that would have a better grilling experience and better grilled food.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bred (USD998407S newly cited) discloses a cooking surface that read on most of the cited limitation in claim 1.
Guerrero (US4004501 newly cited) discloses a cooking surface that read on a lot of the cited limitation in claim 1.
Benitez (US10098504B2 newly cited) discloses a cooking apparatus that read on a lot of the cited limitation in the claims.
Garman et al (US2015/0257592A1 newly cited) discloses a grill that read on most of the cited limitation in the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEONG JUEN THONG whose telephone number is (571)272-6930. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 5712705095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YEONG JUEN THONG/Examiner, Art Unit 3761 February 4th 2026
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761