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 .
Response to Amendment
With respect to the drawing objection, applicant filed new figures 5 and 6 on 07/13/2026, which overcomes the drawing objection. Therefore the drawing objection is withdrawn.
With respect to the claim rejection under 35 U.S.C. 112(b), applicant canceled claim 5, which makes the rejection moot. Therefore the claim rejection under 35 U.S.C. 112(b) is withdrawn. However, new rejection is raised due to the claim amendment.
Response to Arguments
Applicant's arguments filed on 07/13/2026 have been fully considered but they are not persuasive.
Applicant argues reference Prieto does not teach the limitation “wherein the mounting base is provided with a through-hole, and a space between the through-hole and the movable end of the hook is provided for an auxiliary tool to be inserted and moved".
Examiner respectfully disagree. As clearly shown in the annotation figure 12, body 11 is provided with a through hole, and a space between the through-hole and the head 21 is provided for spring 35 to be inserted and moved. Prieto teaches every limitation in claim 1. Therefore the rejection is respectfully maintained.
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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, 4, and 6-10 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.
Regarding claim 1, the limitation “the other end” is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation “the other end” is interpreted to “another end of the hook”.
Regarding claims 4 and 6-10, these claims are rejected due to their dependency on an indefinite claim as shown above.
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, 4, and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prieto (US 2019/0290062).
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Regarding claim 1, Prieto teaches a frying basket with a detachable handle (see figures and abstract “A hot air fryer includes a main body, a vessel that can be removed from the main body and a basket that can be removed from the vessel.”), comprising a frying basket body (vessel 2) and a handle section (part 33), wherein the frying basket body and the handle section are detachably connected to each other (See paras.[0038] and [0040] “This part 33, integrating the manipulating handle 32, can be assembled simultaneously with the basket 1 and the vessel 2”, “the part 33 comprising the body 11 and the manipulating handle 32 may be detached from the support bracket 12 fixed to the second container 10.”); an inner part of the frying basket body is provided with a space to accommodate the handle section (See para.[0039] “once the body 11 is inserted into the receiving area 8 and the control button 34 is released.”); the frying basket body (vessel 2) is thereon provided with a mounting port (receiving area 8); one end of the handle section is provided with a mounting base (body 11); and the mounting base (body 11) is fitted and embedded in the mounting port (receiving area 8) (see para.[0031] “ When the body 11 is positioned in the receiving area 8, the head 21 of the latch 19 penetrates the opening 18 and is housed under a rear contour 18 a of this opening 18”);
wherein the mounting base is provided with a snapping structure (latch 19), which is configured to lock with the frying basket body (vessel 2) in a snapping manner when the mounting base (body 11) is fitted and embedded in the mounting port (receiving area 8) (see figure 12 and see para.[0031] “ When the body 11 is positioned in the receiving area 8, the head 21 of the latch 19 penetrates the opening 18 and is housed under a rear contour 18 a of this opening 18”);
wherein the snapping structure (latch 19) comprises a hook (head 21); one end of the hook is hinged to the mounting base (body 11), and the other end of the hook is a movable end, wherein a resilient member (spring 35) is arranged between the movable end (latch 19) and the mounting base (body 11); the mounting port (receiving area 8) is therein provided with a snapping port (opening 18); and the movable end of the hook (head 21) extends and is locked with the snapping port (opening 18) in a snapping manner by the resilient member (spring 35) (See figures);
wherein the mounting base is provided with a through-hole (through-hole; see the annotation of fig.12), and a space between the through-hole and the movable end of the hook is provided for an auxiliary tool to be inserted and moved (See fig.12, the space between the through-hole and the hook is capable to allow a tool to be inserted and moved.).
Regarding claim 4, Prieto teaches the mounting port (receiving area 8) is provided therein with a snap plate (rear contour 18 a) inclined toward the hook (head 21), and the snapping port (opening 18) is formed between an inclined protruding end of the snap plate and the frying basket body (vessel 2) (See figures).
Regarding claim 7, Prieto teaches the mounting port (receiving area 8) is provided on one of side edges of the frying basket body (vessel 2), and the mounting base (body 11) of the handle section is slid into the mounting port (receiving area 8) from top to bottom or from bottom to top (See figures).
Regarding claim 8, Prieto teaches sidewalls of both sides of the mounting port (receiving area 8) are each provided with a limit groove (guide notches 38, 39), and both sides of the mounting base (body 11) are each provided with a limit protrusion (fingers 36, 37) corresponding to the limit groove; and when the mounting base is slid into the mounting port, the limit protrusion is snapped into the limit groove (See para.[0039] “These fingers 36, 37 are positioned in guide notches 38, 39 arranged on the lateral sides 8 b, 8 c of the receiving area 8”).
Regarding claim 9, Prieto teaches the frying basket body (vessel 2) comprises a pot body (container 5) and a panel (facade 4) arranged on one side of the pot body (container 5); and the mounting port (receiving area 8) is arranged on the panel (facade 4), and an inner part (receiving area 8) of the pot body is a space to accommodate the handle section (part 33).
Regarding claim 10, Prieto teaches an air fryer, comprising a machine body and the frying basket according to claim 1, wherein the machine body is provided with a cooking cavity, and the frying basket is taken out and placed into the cooking cavity from a side wall of the machine body (see the rejection of claim 1 and abstract “A hot air fryer includes a main body, a vessel that can be removed from the main body and a basket that can be removed from the vessel.”).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prieto in view of Du (CN114052520A).
Regarding claim 6, Prieto does not explicitly teach the through-hole is sealed by a detachable plug.
However, Du teaches in the same field of endeavor of food preparation device comprising a handle having a through-hole (through-hole; see the annotation of fig.1) is sealed by a detachable plug (locking member 21).
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It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention was made to modify the frying basket of Prieto by adding a detectable plug to seal the through-hole as taught by Du, in order to prevent water, debris, or other dirty from getting inside the inner component of handle section.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761
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