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 .
Claim Objections
Claim 7 objected to because of the following informalities:
Claim 7 recites “permeable cover plate,” which lacks antecedent basis. It should be –cover plate--. Appropriate correction is required.
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.
(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.
Claim(s) 1, 9-10, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Du (CN 213429696 U).
Claim 1. Du discloses a basket system (basket 1, Fig. 1) for facilitating the defrosting of multiple frozen objects being immersed into (frying food material, abstract), moved within, and removed from a volume of defrosting fluid (hot air, where hot air is capable of defrosting and air is fluid, abstract), the basket system comprising;
a basket container having an open top (open top, Fig. 1) and a permeable floor (bottom floor of A1 is permeable, Fig. 2); and
a plurality of thermally conductive plates (baskets A1-A3 are made of metal, claim 10) sized and shaped to be positioned in layers within the basket container (Fig. 2), each of the thermally conductive plates comprising an array of substantially parallel structural members that define channels through which defrosting fluid may flow (mesh structure allows for air flow, Fig. 1);
wherein multiple frozen objects to be defrosted are layered between the plurality of thermally conductive plates (objects 6 are layered between the plurality of baskets, Fig. 1), which together are layered within the basket container, thereby providing channels that permit the free flow of defrosting fluid between the layered plates and objects to be defrosted (hot air has free flow to pass through the baskets, par. 8).
Claim 9. Du discloses the basket system of Claim 2 wherein the plurality of spaced bars is fixed in spaced arrangement by at least one cross-member integral (mesh have cross members, Fig. 1) with or attached to each of the spaced bars.
Claim 10. Du discloses the basket system of Claim 9 wherein the at least one cross-member is positioned offset from a plane within which the plurality of spaced bars are positioned, whereby the channels defined by the spaced bars are open ended (rim of the baskets hold the parallel bars of the mesh, Fig. 2).
Claim 15. Du discloses a basket system (basket 1) for facilitating the defrosting of multiple frozen objects (frying food material, abstract) being immersed into, moved within, and removed from a volume of defrosting fluid (hot air, where hot air is capable of defrosting and air is fluid, abstract), the basket system comprising;
a basket container having an open top (open top, Fig. 1), side walls (side walls, Fig. 1), and a permeable floor (bottom floor of A1 is permeable, Fig. 2); and
a plurality of plates sized and shaped to be positioned in layers within the basket container (baskets A1-A3 are made of metal, Fig. 1), each of the plates comprising a plurality of spaced bars defining a plurality of open flow channels between the bars (baskets have parallel structural meshes, Fig. 1), each of the plates further comprising at least one cross-member integral with or attached to each of the spaced bars so as to fix the spaced bars in their parallel spaced arrangement (mesh have cross-members, Fig. 1);
wherein multiple frozen objects to be defrosted are layered between the plurality of thermally conductive plates (objects 6 are layered between the plurality of baskets, Fig. 1), which together are layered within the basket container, thereby providing channels that permit the free flow of defrosting fluid between the layered plates and objects to be defrosted (hot air has free flow to pass through the baskets, par. 8).
Claim 20. Du discloses the basket system of Claim 15 wherein the at least one cross-member is positioned offset from a plane within which the plurality of spaced bars are positioned, whereby the channels defined by the spaced bars are open ended (rim of the baskets hold the parallel bars of the mesh, Fig. 2).
Claim(s) 15 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu (CN 210019028 U).
Claim 15. Fu discloses a basket system (basket 1) for facilitating the defrosting of multiple frozen objects (frying food, abstract) being immersed into, moved within, and removed from a volume of defrosting fluid (hot air, where hot air is capable of defrosting and air is fluid, abstract), the basket system comprising;
a basket container having an open top (open top, Fig. 1), side walls (side walls, Fig. 1), and a permeable floor (bottom floor, Fig. 1); and
a plurality of plates sized and shaped to be positioned in layers within the basket container (basket interlayer 11, Fig. 4), each of the plates comprising a plurality of spaced bars defining a plurality of open flow channels between the bars (112, Fig. 4), each of the plates further comprising at least one cross-member integral with or attached to each of the spaced bars so as to fix the spaced bars in their parallel spaced arrangement (barrier frame 111, Fig. 4);
wherein multiple frozen objects to be defrosted are layered between the plurality of thermally conductive plates (food are layered between the interlayers, Fig. 1, abstract), which together are layered within the basket container, thereby providing channels that permit the free flow of defrosting fluid between the layered plates and objects to be defrosted (hot air has free flow to pass through the baskets, par. 8).
Claim 17. Fu in view of Du discloses the basket system of Claim 15 wherein the basket container further comprises permeable side walls (Fig. 1).
Claim 18. Fu in view of Du disclose the basket system of Claim 15 further comprising a permeable cover plate sized to serve as a lid for the basket container (interlayer 11 can functionally act as a cover plate as long as the user does not place another food item on top of it, Fig. 2),
Claim 19. Fu in view of Du discloses the basket system of Claim 15 wherein the permeable cover plate comprises one or more perimeter tabs (clip 110, Fig. 4) and at least one wall of the basket container defines an array of apertures into which the one or more perimeter tabs of the permeable cover plate may engage so as to fix the cover plate at a variable height within the basket container (interlayer’s clip 110 can be fixed into a plurality of apertures 1012 to set the height, Fig. 3).
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.
Claim(s) 1-2, 4-8, 11, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu (CN 210019028 U) in view of Du (CN 213429696 U).
Claim 1. Fu discloses a basket system (basket 1, Fig. 1) for facilitating the defrosting of multiple frozen objects being immersed into (frying food, abstract), moved within, and removed from a volume of defrosting fluid (hot air, where hot air is capable of defrosting and air is fluid, abstract), the basket system comprising;
a basket container having an open top (open top, Fig. 1) and a permeable floor (bottom floor of is permeable, Fig. 1); and
a plurality of thermally conductive plates (basket interlayer 11, Fig. 4) sized and shaped to be positioned in layers within the basket container (Fig. 2), each of the thermally conductive plates comprising an array of substantially parallel structural members (112, Fig. 4) that define channels through which defrosting fluid may flow (structure allows for air flow, Fig. 4);
wherein multiple frozen objects to be defrosted are layered between the plurality of thermally conductive plates (food are layered between the interlayers, Fig. 1, abstract), which together are layered within the basket container, thereby providing channels that permit the free flow of defrosting fluid between the layered plates and objects to be defrosted (hot air has free flow to pass through the baskets, par. 8).
Fu does not disclose that the plates are thermally conductive.
Du discloses a frying basket wherein the basket material is made of metal (claim 10).
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 Fu to incorporate the teachings of Du and make the basket trays of metal. Doing so would help the basket withstand the heat of the air fryer.
Claim 2. Fu in view of Du discloses the basket system of Claim 1 wherein the array of parallel structural members comprises a plurality of spaced bars (112, Fig. 1) defining a plurality of open flow channels between the bars (structure allows for air flow, Fig. 4).
Claim 4. Fu in view of Du discloses the basket system of Claim 1 wherein the basket container further comprises permeable side walls (Fig. 1).
Claim 5. Fu in view of Du disclose the basket system of Claim 1 further comprising a cover plate sized to serve as a lid for the basket container (interlayer 11 can functionally act as a cover plate as long as the user does not place another food item on top of it, Fig. 2),
wherein the cover plate serves to limit movement of the plurality of thermally conductive plates and multiple frozen objects within the basket container during use (interlayer 11 is capable of limiting food movement).
Claim 6. Fu in view of Du discloses the basket system of Claim 5 wherein the cover plate is perforated to allow a flow of liquids therethrough (interlayer 11 is permeable, Fig. 4).
Claim 7. Fu in view of Du discloses the basket system of Claim 5 wherein the permeable cover plate comprises one or more perimeter tabs and at least one wall of the basket container defines an array of apertures into which the one or more perimeter tabs of the permeable cover plate may engage so as to fix the cover plate at a variable height within the basket container (interlayer’s clip 110 can be fixed into a plurality of apertures 1012 to set the height, Fig. 3).
Claim 8. Fu in view of Du discloses the basket system of Claim 5 wherein the cover plate further comprises at least one handle to facilitate the placement of the cover plate onto or into the basket container (interlayer 11 has a clip 110 that can be used as a handle, Fig. 4).
Claim 11. Fu does not disclose the basket system of Claim 2 wherein the plurality of spaced bars comprises bars having a rectangular cross-section.
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 REF to make the spaced bars have rectangular cross-sections since it has been held that the mere change in shape has no patentable significance unless a new and unexpected result is produced. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04(IV)(B).
Claim 14. Fu in view of Du discloses the basket system of Claim 1 further comprising a perimeter collar fixed on a perimeter edge of the open top of the basket container, the perimeter collar structured to engage a means for holding the basket system while it is immersed into, moved within, and removed from the volume of defrosting fluid (metal collar at the top of the basket is structured to hold the basket system, Fig. 3).
Claim 16. Fu does not disclose the basket system of Claim 15 wherein the plurality of plates comprise thermally conductive material (basket is made of metal, claim 10, Du).
Du discloses a frying basket wherein the basket material is made of metal (claim 10).
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 Fu to incorporate the teachings of Du and make the basket trays of metal. Doing so would help the basket withstand the heat of the air fryer.
Claim(s) 3 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of Du as applied to claim 1 above, and further in view of Wang (CN 213850177 U)
Claim 3. Fu in view of Du does not disclose the basket system of Claim 1 wherein the array of parallel structural members comprises a plurality of corrugations in a solid sheet of material, the corrugations defining a plurality of open flow channels between the corrugations.
Wang discloses an air fryer with a baking tray (3) that is corrugated and has open channels (31) for air flow (Fig. 2)
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 Fu in view of Du to incorporate the teachings of Wang and have a corrugated plate. Doing so would have the influencing the air flow in the radial direction and improve heating (page 2, par. 7, Wang)
Claim 12. Fu in view of Du and Wang discloses the basket system of Claim 3 wherein the plurality of corrugations comprises corrugations that are sinusoidal in cross-section (Fig. 3).
Wang does not disclose a continuously sinusoidal shape in the cross-section of the corrugated plate. However, 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 Fu in view of Wang to have a continuous sinusoidal cross-sectional shape since it has been held that the mere change in shape has no patentable significance unless a new and unexpected result is produced. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04(IV)(B).
Claim 13. Fu in view of Du and Wang discloses the basket system of Claim 3 wherein the solid sheet of material is perforated with at least one aperture sized to serve as a finger-hold to facilitate the placement and removal of the plurality of thermally conductive plates into and out from the basket container (holes at the center of the baking tray 2 can be used as a finger-hold to facilitate placement/removal, Fig. 2, Wang).
Conclusion
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/SIMPSON A CHEN/ Examiner, Art Unit 3761 /ELIZABETH M KERR/ Primary Examiner, Art Unit 3761