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
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because drawing are faint and unclear as to what number is pointing at on drawing. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claim 2,10,12, and 17 objected to because of the following informalities:
In claim 2 “lcoated” should read “located”
In claim 4 “constitue” should read constitute
In claim 10 “first position and the second position is greater than 900” should read “first position and the second position is greater than 90 degrees”
In claim 12 “first assembled position and each 19 of the two second plates pivots to the second assembled position” should read “first assembled position and each of the two second plates pivots to the second assembled position”
In claim 17 “each of 20 the two second plates pivots to the second folded position” should read “each of the two second plates pivots to the second folded position”
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: The definition of a pivot ear in claim 1. For the purposes of examination a pivot ear is interpreted and as area that surround a pivot.
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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the function of a pivot ear. However, the disclosure does not identify an element, or what the element is that performs this function. “An original claim may lack written description support when (1) the claim defines the invention in functional language specifying a desired result but the disclosure fail to sufficiently identify how the function is performed or the result is achieved” (MPEP 2163.03)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 3-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-20 of copending Application No. 18/207,082 in view of Hait (US Patent Document No. 4489706).
Claim 1
Claims 1 of the copending application recites all of the limitations of claim 1 of the instant application except “two first axes and two second axes are defined, wherein each of the two first axes passes through the two first pivot portions of one of the two first side portions; each of the two second axes passes through the two second pivot portions of one of the two second side portions;
each of the two first axes and the two second axes are spaced apart from one another in a height direction of the base;” and “a first folded position and a first assembled position relative to the base; when each of the two first plates pivots to the first folded position, the two first plates are stacked in the height direction of the base;” However, Hait, teaches two first axes (62a) and two second axes (62a) are defined, wherein each of the two first axes (62a) passes through the two first pivot portions (62) of one of the two first side portions (32,36); each of the two second axes (62a) passes through the two second pivot portions (62a) of one of the two second side portions (34 and 38); each of the two first axes (62a) and the two second axes (62a) are spaced apart from one another in a height direction of the base (60);
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to added axes to the base to add structure and strength to the casing of the oven, and allow the plates to pivot.
Claim 3
Claim 3 of the copending application recites all of the limitations of claim 3 of the instant application except “the two first side portions are respectively located on two opposite sides of the base;” and “pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the first inner surface of each of the two first plates faces the first inner surface of the other first plate, and the second inner surface of each of the two second plates faces the second inner surface of the other second plate and abuts against one of the two side edges of each of the two first plates” However, Hait, teaches two first side portions (62) of the base (60) has a blocking portion (88); when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8), each of the two first plates (32 and 36) (32 and 36) abuts against the blocking portion (88) of one of the two first side portions (62) for positioning; when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, the first inner surface of each of the two first plates (32 and 36) (32 and 36) faces the first inner surface of the other first plate (34 and 36), and the second inner surface of each of the two second plates (34 and 36) faces the second inner surface of the other second plate (34 and 38) and abuts against one of the two side edges of each of the two first plates (32 and 36) (32 and 36).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to pivot the plates in different configuration for ease of transportation.
Claim 4
Claim 7 of the copending application recites the same limitations as claim 4 of the instant application.
Claim 5
Claim 8 of the copending application recites the same limitations as claim 5 of the instant application.
Claim 6
Claim 18 of the copending application recites the same limitations as claim 6 of the instant application.
Claim 7
Claim 17 of the copending application recites the same limitations as claim 7 of the instant application.
Claim 8
Claim 8 of the copending application recites the same limitations as claim 8 of the instant application.
Claim 9
Claim 19 of the copending application recites the same limitations as claim 9 of the instant application.
Claim 10
Claim 20 of the copending application recites the same limitations as claim 10 of the instant application.
Claim 11
Claim 1 of the copending application recites the same limitations as claim 11 of the instant application.
Claim 12
Claim 3 of the copending application recites the same limitations as claim 12 of the instant application.
Claim 13
Claim 4 of the copending application recites the same limitations as claim 13 of the instant application.
Claim 14
Claim 10 of the copending application recites the same limitations as claim 14 of the instant application.
Claim 15
Claim 9 of the copending application recites the same limitations as claim 15 of the instant application.
Claim 16
Claim 11 of the copending application recites the same limitations as claim 16 of the instant application.
Claim 17
Claim 12 of the copending application recites the same limitations as claim 17 of the instant application.
Claim 18
Claim 13 of the copending application recites the same limitations as claim 18 of the instant application.
Claim 19
Claim 14 of the copending application recites the same limitations as claim 19 of the instant application.
Claim 20
Claim 15 of the copending application recites the same limitations as claim 20 of the instant application.
The table shows a side by side comparison of the two claims from the application No. 18/207,096 to the copending application US Application No. 18/207,082. The table bolds anything that is additional or different from the claim set on the left-hand side.
Instant Application No. 18/207,096 (Grand Mate Co)
US Application No. 18/207,082
Claim 1: A casing of an oven, comprising:
a base having two first side portions and two second side portions, wherein each of the two first side portions has two first pivot portions;
each of the two second side portions has two second pivot portions;
two first axes and two second axes are defined, wherein each of the two first axes passes through the two first pivot portions of one of the two first side portions;
each of the two second axes passes through the two second pivot portions of one of the two second side portions;
each of the two first axes and the two second axes are spaced apart from one another in a height direction of the base;
two first plates respectively having two first pivot ears, wherein each of the two first pivot ears of each of the two first plates is pivotally connected to one of the two first pivot portions of one of the two first side portions;
each of the two first plates is pivotable between a first folded position and a first assembled position relative to the base;
when each of the two first plates pivots to the first folded position, the two first plates are stacked in the height direction of the base;
and two second plates respectively having two second pivot ears, wherein each of the two second pivot ears of each of the two second plates is pivotally connected to one of the two second pivot portions of one of the two second side portions;
each of the two second plates is pivotable between a second folded position and a second assembled position relative to the base;
when each of the two second plates pivots to the second folded position, the two second plates are stacked in the height direction of the base;
wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the two first plates and the two second plates jointly surround to form a baking space
Claim 1: A casing of an oven, comprising:
a base having two first side portions and two second side portions, wherein each of the two first side portions has a blocking portion and two first pivot portions located below the blocking portion;
each of the two second side portions has two second pivot portions;
two first plates respectively having two first pivot ears, wherein each of the two first pivot ears of each of the two first plates is pivotally connected to one of the two first pivot portions of one of the two first side portions;
each of the two first plate is pivotable relative to the base;
when each of the two first plates pivots to a first assembled position, each of the two first plates obliquely abuts against the blocking portion of one of the two first side portions for positioning;
and two second plates respectively having two second pivot ears, wherein each of the two second pivot ears of each of the two second plates is pivotally connected to one of the two second pivot portions of one of the two second side portions;
each of the two second plates is pivotable relative to the base;
when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to a second assembled position, the two second plates and the two first plates jointly surround to form a baking space.
Claim 7. The casing of the oven as claimed in claim 6, wherein one of the two first plates has an entrance and a door which is pivotable;
when the first plate pivots to the first assembled position, the door is pivotable between a closed position and an open position;
when the door is lcoated at the closed position, the door obliquely abuts against the first plate and closes the entrance; when the door is located at the open position, the entrance is opened.
Claim 17: The casing of the oven as claimed in claim 1, wherein one of the two first plate has an entrance and a door which is pivotable;
when the first plate pivots to the first assembled position, the door is pivotable between a closed position and an open position;
when the door is lcoated at the closed position, the door obliquely abuts against the first plate and closes the entrance; when the door is located at the open position, the entrance is opened.
Claim 3: The casing of the oven as claimed in claim 2, wherein the two first side portions are respectively located on two opposite sides of the base;
each of the two first plates has a first inner surface and two side edges;
each of the two second plates has a second inner surface;
each of the two first side portions of the base has a blocking portion;
when each of the two first plates pivots to the first assembled position, each of the two first plates abuts against the blocking portion of one of the two first side portions for positioning; when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the first inner surface of each of the two first plates faces the first inner surface of the other first plate, and the second inner surface of each of the two second plates faces the second inner surface of the other second plate and abuts against one of the two side edges of each of the two first plates
Claim 3: The casing of the oven as claimed in claim 2, wherein each of the two first plates has a first outer surface;
two sides of each of the two second plates respectively have a folded edge;
when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, each of the two folded edges of each of the two second plates abuts against the first outer surface of each of the two first plate
Claim 4: The casing of the oven as claimed in claim 3, wherein the base comprises two first pivot supports, two second pivot supports, a first support plate, and a second support plate;
the two first pivot supports are engaged with a top surface of the substrate and constitue one of the two second pivot portions;
the two second pivot supports are engaged with the top surface of the substrate, are located on a side of the top surface of the substrate opposite to the two first pivot supports, and constitute the other second pivot portion;
the first support plate and the second support plate are respectively engaged with two opposite side edges of the substrate;
an end of the first support plate and an end of the second support plate constitute one of the two first pivot portions, and another end of the first support plate and anotehr end of the second support plate constitute the other first pivot portion
Claim 7: The casing of the oven as claimed in claim 6, wherein the base comprises two first pivot supports, two second pivot supports, a first support plate, and a second support plate;
the two first pivot supports are engaged with a top surface of the substrate and constisute one of the two second pivot portions;
the two second pivot supports are engaged with the top surface of the substrate, are located on a side of the top surface of the substrate opposite to the two first pivot supports, and constitute the other second pivot portion;
the first support plate and the second support plate are respectively engaged with two opposite side edges of the substrate;
an end of the first support plate and an end of the second support plate constitute one of the two first pivot portions, and another end of the first support plate and another end of the second support plate constitute another end of the other first pivot portion.
Claim 5: The casing of the oven as claimed in claim 4,
wherein the second support plate is 18 close to the two second pivot supports and has an extending section located between the two second pivot supports
Claim 8: The casing of the oven as claimed in claim 7,
wherein the second support plate is close to the two second pivot supports and has an extending section located between the two second pivot supports.
Claim 6: The casing of the oven as claimed in claim 3,
wherein when each of the two first plates pivots to the first assembled position, each of the two first plates obliquely abuts against the blocking portion of one of the two first side portions for positioning
Claim 18:The casing of the oven as claimed in claim 17,
wherein when the door is located at the open position, an outer surface of the door abuts against a bottom edge of the entrance for positioning.
Claim 8: The casing of the oven as claimed in claim 7, wherein when the door is located at the open position, an outer surface of the door abuts against a bottom edge of the entrance for positioning
Claim 18: The casing of the oven as claimed in claim 17, wherein when the door is located at the open position, an outer surface of the door abuts against a bottom edge of the entrance for positioning
Claim 9: The casing of the oven as claimed in claim 7, wherein a handle is disposed on the door and is pivotable between a first position and a second position;
when the handle is lcoated at the first position, a free end of the handle is close to the door;
when the handle is located at the second position, the free end of the handle is away from the door;
when the door is located at the open position and the handle is lcoated at the second position, the free end is adapted to abut agasinst a loading surface.
Claim 19: The casing of the oven as claimed in claim 17, wherwin a handle is disposed on the door and is pivotable between a first position and a second position;
when the handle is located at the first position, a free end of the handle is close to the door;
when the handle is located at the second position, the free end of the handle is away from the door;
when the door is located at the open position and the handle is located at the second position, the free end is adapted to abut against a loading surface.
Claim 10: The casing of the oven as claimed in claim 9, wherein a pivot degree of the handle between the first position and the second position is greater than 900.
Claim 20: The casing of the oven as claimed in claim 19, wherein a pivot degree of the handle between the first position and the second position is greater than 900.
Claim 17: The casing of the oven as claimed in claim 2, further comprising a top cover, wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plates and a top of each of the two second plates; when each of 20 the two second plates pivots to the second folded position, a receiving space is formed between the two second plates and is adapted to receive the top cover.
Claim 12: The casing of the oven as claimed in claim 6, further comprising a top cover, wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plates and a top of each of the two second plate; when each of the two second plates pivots to the second folded position, a receiving space is formed between the two second plates and is adapted to receive the top cover
Claim 18: The casing of the oven as claimed in claim 1, further comprising a top cover,
wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plates and a top of each of the two second plates.
Claim 13: The casing of the oven as claimed in claim 1, further comprising a top cover,
wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plate and a op of each of the two second plate.
Claim 19: The casing of the oven as claimed in claim 18, wherein an inside of the top cover has two supporting structures;
when the top cover fits around the top of each of the two first plates, each of the two supporting structures blocks one of the two first plates
Claim 14: The casing of the oven as claimed in claim 13, wherein an inside of the top cover has two supporting structures;
when the top cover fits around the top of each of the two first plates, each of the two supporting structures blocks one of the two first plates
Claim 20: The casing of the oven as claimed in claim 18, wherein an inside of the top cover has at least two locking members;
at least two of the top of the two first plates and the top of the two second plates have at least one locking hole;
when the top cover fits around the top of each of the two first plates and the top of each of the two second plates, each of the at least two locking members enters either the at least one locking hole of one of the two first plates or the at least one locking hole of one of the two second plates.
Claim 15: The casing of the oven as claimed in claim 13, wherein an inside of the top cover has at least two locking members;
at least two of the top of the two first plates and the top of the two second plates have at least one locking hole;
when the top cover fits around the top of each of the two first plates and the top of each of the two second plates, each of the at least two locking members enters either the at least one locking hole of one of the two first plates or the at least one locking hole of one of the two second plates.
Claim 15: The casing of the oven as claimed in claim 2, wherein when each of the two first plates pivots to the first folded position, a receiving space is formed between the substrate and one of the two first plates.
Claim 9: The casing of the oven as claimed in claim 6, wherein when each of the two first plates pivots to the first folded position, a receiving space is formed between the two first plates.
Claim 14: The casing of the oven as claimed in claim 2, wherein when each of the two first plates pivots to the first folded position, a receiving space is formed between the two first plates.
Claim 10: The casing of the oven as claimed in claim 6, wherein when each of the two first plates pivots to the first folded position, a receiving space is formed between the substrate and one of the two first plates.
Claim 13: The casing of the oven as claimed in claim 12, wherein an inside of each of the two folded edges of each of the two second plates has a protrusion;
two sides of the first outer surface of each of the two first plates respectively has a recess;
when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, each of the protrusions matches with one of the recesses for positioning.
Claim 4: The casing of the oven as claimed in claim 3, wherein an inside of each of the two folded edges of each of the two second plates has a protrusion;
two sides of the first outer surface of each of the two first plates respectively have a recess;
when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, each of the protrusions matches with one of the recesses for positioning.
Claim 12: The casing of the oven as claimed in claim 3, wherein each of the two first plates has a first outer surface, two sides of each of the two second plates respectively have a folded edge; when each of the two first plates pivots to the first assembled position and each 19 of the two second plates pivots to the second assembled position, each of the two folded edges of each of the two second plates abuts against the first outer surface of each of the two first plates.
Claim 3: The casing of the oven as claimed in claim 2, wherein each of the two first plates has a first outer surface; two sides of each of the two second plates respectively have a folded edge; when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, each of the two folded edges of each of the two second plates abuts against the first outer surface of each of the two first plates.
Claim 11: The casing of the oven as claimed in claim 3, wherein the substrate has two side edges respectively constituting the blocking portion of one of the two first side portions.
Claim 1: A casing of an oven, comprising: a base having two first side portions and two second side portions, wherein each of the two first side portions has a blocking portion and two first pivot portions located below the blocking portion; each of the two second side portions has two second pivot portions; two first plates respectively having two first pivot ears, wherein each of the two first pivot ears of each of the two first plates is pivotally connected to one of the two first pivot portions of one of the two first side portions; each of the two first plate is pivotable relative to the base; when each of the two first plates pivots to a first assembled position, each of the two first plates obliquely abuts against the blocking portion of one of the two first side portions for positioning; and two second plates respectively having two second pivot ears, wherein each of the two second pivot ears of each of the two second plates is pivotally connected to one of the two second pivot portions of one of the two second side portions; each of the two second plates is pivotable relative to the base; when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to a second assembled position, the two second plates and the two first plates jointly surround to form a baking space.
Claim 16: The casing of the oven as claimed in claim 2, further comprising a top cover, wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plates and a top of each of the two second plates; when each of the two second plates pivots to the second folded position, a receiving space is formed between the substrate and one of the two second plates and is adapted to receive the top cover.
Claim 11: The casing of the oven as claimed in claim 6, further comprising a top cover, wherein when each of the two first plates pivots to the first assembled position and each of the two second plates pivots to the second assembled position, the top cover detachably fits around a top of each of the two first plates and a top of each of the two second plates; when each of the two second plates pivots to the second folded position, a receiving space is formed between the substrate and one of the two second plates and is adapted to receive the top cover.
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.
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Modified Figure 1 (Hait)
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Claim(s) 1- 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hait (US Patent Document No. 4489706).
Hait teaches:
Regarding claim 1, (See Modified Figures 1-8 above) A casing of an oven (Modified Figure 1), comprising: a base (60) having two first side portions(32 and 36 respectively) and two second side portions (34 and 38), wherein each of the two first side portions(32 and 36 respectively) has two first pivot portions (62); each of the two second side portions (62) has two second pivot portions (62); two first axes (62a) and two second axes (62a) are defined, wherein each of the two first axes (62a) passes through the two first pivot portions (62) of one of the two first side portions (32,36); each of the two second axes (62a) passes through the two second pivot portions (62a) of one of the two second side portions (34 and 38); each of the two first axes (62a) and the two second axes (62a) are spaced apart from one another in a height direction of the base (60); two first plates (32 and 36) (32 and 36) respectively having two first pivot ears (See Modified Figure 5), wherein each of the two first pivot ears (See Modified Figure 5) of each of the two first plates (32 and 36) (32 and 36) is pivotally connected to one of the two first pivot portions (62) of one of the two first side portions (32,36); each of the two first plates (32 and 36) (32 and 36) is pivotable between a first folded position (See Modified Figure 4) and a first assembled position (See Modified Figure 8) relative to the base (60); when each of the two first plates (32 and 36) pivots (32 and 36) to the first folded position (See Modified Figure 4), the two first plates (32 and 36) (32 and 36) are stacked in the height direction of the base (60); and two second plates (36 and 38) respectively having two second pivot ears(See Modified Figure 5), wherein each of the two second pivot ears (See Modified Figure 5) of each of the two second plates (32 and 36) is pivotally connected to one of the two second pivot portions (62) of one of the two second side portions (34 and 38); each of the two second plates (34 and 38) is pivotable between a second folded position (See Modified Figure 3) and a second assembled position (See Modified Figure 7) relative to the base (60); when each of the two second plates (34 and 38) pivots to the second folded position (See Modified Figure 3), the two second plates (34 and 38) are stacked in the height direction of the base (60); wherein when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 38) pivots to the second assembled position (See Modified Figure 7), the two first plates (32 and 36) (32 and 36) and the two second plates (34 and 38) jointly surround to form a baking space (68).
Regarding claim 1, ears are disclosed to be on panel 72 and pins on panel 62a of the cooking apparatus, not the vice versa as claimed. However, the ears and pins are in a reversable relationship and reversing the order by putting the ears on panel 72 and the pins on panel 62a does not alter the performance of the device. Applicant has not demonstrated the criticality for the claimed configuration, and the Hait device would be just effective at connecting pieces together.
The courts have held that rearrangement of parts does not distinguish over the prior art in cases where the operation of the device remains the same (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MPEP 2144.04)
Regarding claim 2 the casing of the oven (See Modified Figure 1) as claimed in claim 1, wherein the base comprises a substrate (60); the two first pivot portions (62) are located below the substrate (60), and the two second pivot portions (62) are located above the substrate (60); when each of the two first plates (32 and 36) (32 and 36) pivots to the first folded position (See Modified Figure 8), each of the two first plates (32 and 36) (32 and 36) is lcoated below the substrate; when each of the two second plates (34 and 38) pivots to the second folded position (See Modified Figure 3), each of the two second plates (34 and 38) is lcoated above the substrate (60).
Regarding claim 3 the casing of the oven as claimed in claim 2, wherein the two first side portions (62) are respectively located on two opposite sides of the base (60); each of the two first plates (32 and 36) (32 and 36) has a first inner surface and two side edges; each of the two second plates (34 and 36) has a second inner surface; each of the two first side portions (62) of the base (60) has a blocking portion (88); when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8), each of the two first plates (32 and 36) (32 and 36) abuts against the blocking portion (88) of one of the two first side portions (62) for positioning; when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, the first inner surface of each of the two first plates (32 and 36) (32 and 36) faces the first inner surface of the other first plate (34 and 36), and the second inner surface of each of the two second plates (34 and 36) faces the second inner surface of the other second plate (34 and 38) and abuts against one of the two side edges of each of the two first plates (32 and 36) (32 and 36).
Regarding claim 4 the casing of the oven as claimed in claim 3, wherein the base (60) comprises two first pivot supports (80), two second pivot supports (80), a first support plate (82), and a second support plate (82); the two first pivot (80) supports are engaged with a top surface of the substrate(60) and constitue one of the two second pivot portions (80); the two second pivot (78b) supports are engaged with the top surface of the substrate (60), are located on a side of the top surface of the substrate (60) opposite to the two first pivot supports (80), and constitute the other second pivot portion (80); the first support plate (32a and 36a) and the second support plate (34a and 38a) are respectively engaged with two opposite side edges of the substrate (60); an end of the first support plate (32a and 36a)and an end of the second support plate (34a and 38a) constitute one of the two first pivot portions (62), and another end of the first support plate (32a and 36a) and anotehr end of the second support plate constitute the other first pivot portion (62).
Regarding claim 5 the casing of the oven as claimed in claim 4, wherein the second support plate (34a and 38a) is 18 close to the two second pivot supports (78b) and has an extending section located between the two second pivot supports (78b).
Regarding claim 6 the casing of the oven as claimed in claim 3, wherein when each of the two first plates (32 and 36) (32 and 36) pivots to the first assembled position (See Modified Figure 8), each of the two first plates (32 and 36) (32 and 36) obliquely abuts against the blocking portion (88) of one of the two first side portions (32 and 36) for positioning.
Regarding claim 7 the casing of the oven as claimed in claim 6, wherein one of the two first plates (32 and 36) has an entrance and a door (42) which is pivotable; when the first plate pivots to the first assembled position (See Modified Figure 8), the door (42) is pivotable between a closed position and an open position (44); when the door (42) is lcoated at the closed position, the door obliquely abuts against the first plate and closes the entrance; when the door is located at the open position, the entrance is opened.
Regarding claim 8 the casing of the oven as claimed in claim 7, wherein when the door (42) is located at the open position, an outer surface of the door abuts against a bottom edge of the entrance for positioning.
Regarding claim 9 the casing of the oven as claimed in claim 7, wherein a handle (97) is disposed on the door and is pivotable between a first position and a second position; when the handle is lcoated at the first position, a free end of the handle is close to the door; when the handle is located at the second position, the free end of the handle is away from the door; when the door is located at the open position and the handle is lcoated at the second position, the free end is adapted to abut agasinst a loading surface.
Regarding claim 10 the casing of the oven as claimed in claim 9, wherein a pivot degree of the handle between the first position and the second position is greater than 900.
Regarding claim 11 the casing of the oven as claimed in claim 3, wherein the substrate (60) has two side edges respectively constituting the blocking portion (88) of one of the two first side portions.
Regarding claim 12 the casing of the oven as claimed in claim 3, wherein each of the two first plates (32 and 36) has a first outer surface, two sides of each of the two second plates (34 and 36) respectively have a folded edge; when each of the two first plates (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each 19 of the two second plates (34 and 36) pivots to the second assembled position, each of the two folded edges of each of the two second plates (34 and 36) abuts against the first outer surface of each of the two first plates (32 and 36).
Regarding claim 13 the casing of the oven as claimed in claim 12, wherein an inside of each of the two folded edges of each of the two second plates (34 and 36) has a protrusion; two sides of the first outer surface of each of the two first plates (32 and 36) (32 and 36) respectively has a recess (60b); when each of the two first plates (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, each of the protrusions matches with one of the recesses for positioning.
Regarding claim 14 The casing of the oven as claimed in claim 2, wherein when each of the two first plates (32 and 36) (32 and 36) pivots to the first folded position (See Modified Figure 3), a receiving space (See Modified Figure 6) is formed between the two first plates (32 and 36) (Figure 6).
Regarding claim 15 the casing of the oven as claimed in claim 2, wherein when each of the two first plates (32 and 36) (32 and 36) pivots to the first folded position (See modified figure 3), a receiving space (See Modified figure 6) is formed between the substrate (60) and one of the two first plates (32 and 36) (32 and 36).
Regarding claim 16 The casing of the oven as claimed in claim 2, further comprising a top cover (74) , wherein when each of the two first plates (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, the top cover (74) detachably fits around a top of each of the two first plates (32 and 36) and a top of each of the two second plates (34 and 36) ; when each of the two second plates (34 and 36) pivots to the second folded position (See modified Figure 3), a receiving space (See modified Figure 6) is formed between the substrate and one of the two second plates (34 and 36) and is adapted to receive the top cover (74).
Regarding claim 17 the casing of the oven as claimed in claim 2, further comprising a top cover (74), wherein when each of the two first plates (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, the top cover (74) detachably fits around a top of each of the two first plates (32 and 36) and a top of each of the two second plates (34 and 36) ; when each of 20 the two second plates (34 and 36) pivots to the second folded position, a receiving space (See modified figure 6) is formed between the two second plates (34 and 36) and is adapted to receive the top cover (74).
Regarding claim 18 the casing of the oven as claimed in claim 1, further comprising a top cover (74), wherein when each of the two first plates (32 and 36) pivots to the first assembled position (See Modified Figure 8) and each of the two second plates (34 and 36) pivots to the second assembled position, the top cover (74) detachably fits around a top of each of the two first plates (32 and 36) and a top of each of the two second plates (34 and 36).
Regarding claim 19 the casing of the oven as claimed in claim 18, wherein an inside of the top cover (74) has two supporting structures; when the top cover (74) fits around the top of each of the two first plates (32 and 36), each of the two supporting structures blocks one of the two first plates (32 and 36).
Regarding claim 20 the casing of the oven as claimed in claim 18, wherein an inside of the top cover (74) has at least two locking members; at least two of the top of the two first plates (32 and 36) and the top of the two second plates (34 and 36) have at least one locking hole; when the top cover (74) fits around the top of each of the two first plates (32 and 36) and the top of each of the two second plates(34 and 36) , each of the at least two locking members (72) enters either the at least one locking hole of one of the two first plates (32 and 36) or the at least one locking hole of one of the two second plates (34 and 36).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARGI MANSINGH whose telephone number is (571)357-5448. The examiner can normally be reached 8:30-6:00pm M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARGI MANSINGH/Examiner, Art Unit 3761
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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