CTNF 18/229,870 CTNF 93082 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement 06-52 The information disclosure statement (IDS) was submitted on 08/03/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 1-2, 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Borner (US 20010023641 A1) in view of Olsen (US 20220322886 A1) and in further view of Moon (US 1707532 A) . Regarding independent claim 1, Borner discloses, a frying pan (see frying pan 90 in Figs. 14 and 15) comprising: a base (see combination of underside 12 and top side 14’ in Fig. 14) , the base (12 and 14’) defining a reservoir (see reservoir 62 in Fig. 14 and Fig. 15) therein, the base (12 and 14) having an interior edge (see interior edge annotated in Fig. 14) on an upper surface (see top side 14’ in Fig. 14) of the base (12 and 14) which defines an opening (see opening annotated in Fig. 14) to the reservoir (62) , the reservoir (62) being positioned adjacent to a first end (see first end annotated in Fig. 14) of the base (12 and 14) , the upper surface (14) being angled downwardly (see Fig. 14 and disclosed in para 0125 “the top side 14' of the frying pan 90 on the whole is sloped”) from a second end (see second end annotated in Fig. 14) of the base (12 and 14) opposite the first end to the reservoir (see Fig. 14) , the reservoir (62) being configured to hold a basting fluid (see fluid disclosed in para 0138 “Fluid exuding from the food to be fried flows within the troughs 18 into the reservoir 62, due to the shape of the top side 14'”) , and a perimeter wall (see upstanding edge 92 in Fig. 14) being coupled to and extending upwardly from the base (see Fig. 14) . PNG media_image1.png 722 892 media_image1.png Greyscale However, Borner does not explicitly disclose, the reservoir having a size such that the reservoir is configured to permit a spoon therein to collect a portion of the basting fluid. Nonetheless, Olsen teaches, a spoon (see utensil/spoon 100 in Figs. 11-12) wherein the spoon (100) has a size that is smaller than half of a total size of the pan (see 300 in Figs. 11-12) such that the spoon (100) is configured to access into the frying pan (see Fig. 11) and Moon teaches, the reservoir (see flat portion 8 in Fig. 1 and Fig. 3) having a size such that an area of the opening being at least 50% or more than 50% of the total area of the upper surface of frying pan (as seen in Fig. 1 and Fig. 3, the area of the opening of the reservoir/flat portion 8 is at least 50% or more than 50% of the total area of the upper surface of frying pan) to collect basting fluid (see Figs. 1 and Fig. 3 and disclosed in lines 58-62 “the fat or grease from the bacon is melted therefrom and flows downwardly into the troughs between ribs 10 and thence over the flat surface 8”) . Since Borner discloses the reservoir (62) to collect basting fluid (see Fig. 14) and Olsen the spoon (100) has a size that is smaller than half of the size of the pan (see 300 in Figs. 11-12) such that the spoon (100) is configured to access into the frying pan (see Fig. 11) , it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the reservoir of Moon in view of the size of the spoon of Olsen wherein the reservoir having a size such that an area of the opening being at least 50% or more than 50% of the total area of the upper surface of frying pan as taught/suggested by Moon so as the reservoir is configured to permit the spoon therein to collect a portion of the basting fluid, wherein the collected basting fluid can be reapplied to the fried food cooking the frying pan to keep the fried foods moist and prevent the foods from becoming too dry and overcooked. Moreover, the collected basting fluid can be used to make sauces, gravies and marinades which is adding depth and richness to the meal. Regarding claim 2, Borner in view of Olsen and Moon discloses, the frying pan of claim 1, and Moon further teaches wherein an area of the opening being at least 25% of a surface area of the upper surface (as seen in Fig. 1 and Fig. 3, the area of the opening of the reservoir/flat portion 8 is at least 50% or more than 50% of the total area of the upper surface of frying pan) . Regarding claim 4, Borner in view of Olsen and Moon discloses, the frying pan of claim 1, and Borner further discloses, a handle (see one of the grip holders 96 in Fig. 14 and Fig. 15) being coupled to the perimeter wall (92) above the second end of the base (see annotated Fig. 14, wherein upstanding edge/wall 92 is extending upwardly above the second end, and one of the grip holder 96 is coupled to the top edge of the upstanding edge/wall 92, hence one of the grip holder 96 is located above the second end) , the handle (96) extending away from the perimeter wall (see Fig. 15) . However, Borner does not explicitly disclose, the handle is an elongated handle. Nonetheless, Olsen teaches, an elongated handle (see first elongated handle 315 in Figs. 10-12). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify one of the U-shaped handles of Borner to have an elongated shape such that the elongated handle is located opposite from the other U-shaped handle as taught/suggested by Olsen in order to provide a natural grip and reduce wrist strain so as allowing for easier handling of frying pan while the other U-shaped handle is used as a helper handle which can create a secondary grip for better weight distribution when lifting so as reducing the risk of tipping or spills. Regarding claim 5, Borner in view of Olsen and Moon discloses, the frying pan of claim 4, and Borner further discloses, further comprising a U-shaped handle (see the other grip holder 96 in Fig. 15) being coupled to the perimeter wall (92) above the first end of the base (see Fig. 15, wherein upstanding edge/wall 92 is extending upwardly above the first end, and the other grip holder 96 is coupled to the top edge of the upstanding edge/wall 92, hence the other grip holder 96 is located above the first end) . Regarding claim 6, Borner in view of Olsen and Moon discloses, the frying pan of claim 1, and Borner further discloses, a pour spout (see bulge 98 in Fig. 14 and Fig. 15) being formed in the perimeter wall (see Figs. 14 and 15). However, Borner does not explicitly disclose, further comprising a pair of pour spouts being formed in the perimeter wall, the pair of pour spouts being positioned opposite each other. Nonetheless, Olsen teaches a pair of pour spouts (see two spouts 322 in Fig. 10) being formed in the perimeter wall (see pan body 312 in Fig. 10) , the pair of pour spouts (322) being positioned opposite each other (see Fig. 10). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the frying pan with one pour spout of Borner wherein the frying pan is provided with another pour spout on the opposite of the one pour spout as taught/suggested by Olsen in order to provide more control and efficient of pouring experience that enhances cooking convenience and safety and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Regarding claim 7, Borner in view of Olsen and Moon discloses, the frying pan of claim 1, and Borner further discloses, the frying pan further comprises a plurality of grill ribs (see parallel ribs 16' in Fig. 15) being coupled to the upper surface of the base (see Fig. 14 and Fig. 15 and disclosed in para 0125 “The top side 14' of the frying pan 90 is provided with parallel ribs 16' and troughs 18'”) , the plurality of grill ribs (16’) extending from the first end of the base to the reservoir (see annotated Figs. 14 and 15) . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Borner (US 20010023641 A1) in view of Olsen (US 20220322886 A1), in further view of Moon (US 1707532 A) and in further view of Cheng (US 20080087673 A1) . Regarding claim 3, Borner in view of Olsen and Moon discloses, the frying pan of claim 1, and Borner further discloses, the upper surface (14) of the base (12 and 14) having a circular shape (see Fig. 15) , a major axis (see XIV axis in Fig. 15) of the circular shape extending between the first end and the second end of the base (see Fig. 15) . However, Borner, Olsen and/or Moon does not explicitly disclose, wherein the upper surface of the base has an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base. Cheng teaches a pan (see cookware article 10 in Fig. 1C) having the upper surface of the base having an elliptical shape (see para 0024 “the cookware article is optionally a pot or a pan having an overall shape that is circular, elliptical, oblong, rectangular or square”) , and a major axis of the elliptical shape extending between the first end and the second end of the base (see Fig. 1C). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the upper surface of the base having a circular shape, and a major axis of the circular shape extending between the first end and the second end of the base of Borner wherein the upper surface of the base having an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base as taught/suggested by Cheng since the applicant has not disclosed that the elliptical shape provides an advantage is used for particular purpose or solves a stated problem. One of ordinary skill in the art would have expected the Applicant' s invention to perform equally well with circular shape or elliptical shape, because both shapes perform the function of cooking/frying equally well (MPEP 2144.04 IV B) . 07-21-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Borner (US 20010023641 A1) in view of Olsen (US 20220322886 A1), in further view of Moon (US 1707532 A) and in further view of Hu (CN 203935023 U and see the PDF attached) . Regarding claim 8, Borner in view of Olsen and Moon discloses, the frying pan of claim 1. However, Borner, Olsen and/or Moon does not explicitly disclose, further comprising a plurality of bottom ribs being coupled to a bottom surface of the base. Nonetheless, Hu teaches, a plurality of bottom ribs (see grids 9 in Fig. 2) being coupled to a bottom surface of the base (see Fig. 2) . It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the bottom surface of the base of the frying pan Borner wherein the bottom surface of the base further comprises plurality of bottom ribs coupled thereon as taught/suggested by Hu in order to obtain a good heat conductivity and good transfer of heat to the frying pan wall (see para 0017 by Hu “the saving grid 9 has a certain spiral angle, and I and pan with the pan bottom wall 2 are jointed, the saving grid 9 made of iron or stainless steel material, and it has good heat conductivity, good wind heat conduction, and good transfer of heat to the boiler wall 2”) . 07-21-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Borner (US 20010023641 A1) in view of Olsen (US 20220322886 A1), in further view of Moon (US 1707532 A) and in further view of Cheng (US 20080087673 A1) . Regarding independent claim 9, Borner discloses, a frying pan (see frying pan 90 in Figs. 14 and 15) comprising: a base (see combination of underside 12 and top side 14’ in Fig. 14) , the base (12 and 14’) defining a reservoir (see reservoir 62 in Fig. 14 and Fig. 15) therein, the base (12 and 14) having an interior edge (see interior edge annotated in Fig. 14) on an upper surface (see top side 14’ in Fig. 14) of the base (12 and 14) which defines an opening (see opening annotated in Fig. 14) to the reservoir (62) , the reservoir (62) being positioned adjacent to a first end (see first end annotated in Fig. 14) of the base (12 and 14) , the upper surface (14) being angled downwardly (see Fig. 14 and disclosed in para 0125 “the top side 14' of the frying pan 90 on the whole is sloped”) from a second end (see second end annotated in Fig. 14) of the base (12 and 14) opposite the first end to the reservoir (see Fig. 14) , the reservoir (62) being configured to hold a basting fluid (see fluid disclosed in para 0138 “Fluid exuding from the food to be fried flows within the troughs 18 into the reservoir 62, due to the shape of the top side 14'”) , the upper surface (14) of the base (12 and 14) having a circular shape (see Fig. 15) , a major axis (see XIV axis in Fig. 15) of the circular shape extending between the first end and the second end of the base (see Fig. 15) ; a perimeter wall (see upstanding edge 92 in Fig. 14) being coupled to and extending upwardly from the base (see Fig. 14) ; a handle (see one of the grip holders 96 in Fig. 14 and Fig. 15) being coupled to the perimeter wall (92) above the second end of the base (see annotated Fig. 14, wherein upstanding edge/wall 92 is extending upwardly above the second end, and one of the grip holder 96 is coupled to the top edge of the upstanding edge/wall 92, hence one of the grip holder 96 is located above the second end) , the handle (96) extending away from the perimeter wall (see Fig. 15) ; a U-shaped handle (see the other grip holder 96 in Fig. 15) being coupled to the perimeter wall (92) above the first end of the base (see Fig. 15, wherein upstanding edge/wall 92 is extending upwardly above the first end, and the other grip holder 96 is coupled to the top edge of the upstanding edge/wall 92, hence the other grip holder 96 is located above the first end) ; and a pour spout (see bulge 98 in Fig. 14 and Fig. 15) being formed in the perimeter wall (see Figs. 14 and 15) ; wherein the base (12 and 14) , the perimeter wall (92) , the handle (96) , the U-shaped handle (96) , and the pour spout (98) are integrally formed with each other (see Fig. 14 and Fig. 15) . However, Borner does not explicitly disclose, the reservoir having a size such that the reservoir is configured to permit a spoon therein to collect a portion of the basting fluid, an area of the opening being at least 25% of a surface area of the upper surface, the upper surface of the base having an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base; an elongated handle; a pair of pour spouts being formed in the perimeter wall, the pair of pour spouts being positioned opposite each other. Nonetheless, Olsen teaches, an elongated handle (see first elongated handle 315 in Figs. 10-12) is located opposite from U-shaped handle (see U shaped helper handle 330 in Fig. 10 is located opposite from the elongated handle 315), a pair of pour spouts (see two spouts 322 in Fig. 10) being formed in the perimeter wall (see pan body 312 in Fig. 10) , the pair of pour spouts (322) being positioned opposite each other (see Fig. 10), and a spoon (see utensil/spoon 100 in Figs. 11-12) wherein the spoon (100) has a size that is smaller than half of the size of the pan (see 300 in Figs. 11-12) such that the spoon (100) is configured to access into the frying pan (see Fig. 11). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify one of the U-shaped handles of Borner to have an elongated shape such that the elongated handle is located opposite from the other U-shaped handle as taught/suggested by Olsen in order to provide a natural grip and reduce wrist strain so as allowing for easier handling of frying pan while the other U-shaped handle is used as a helper handle which can create a secondary grip for better weight distribution when lifting so as reducing the risk of tipping or spills. Moreover, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the frying pan with one pour spout of Borner wherein the frying pan is provided with another pour spout on the opposite of the one pour spout as taught/suggested by Olsen in order to provide more control and efficient of pouring experience that enhances cooking convenience and safety and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Borner and Olsen does not explicitly disclose, the reservoir having a size such that the reservoir is configured to permit a spoon therein to collect a portion of the basting fluid, an area of the opening being at least 25% of a surface area of the upper surface, the upper surface of the base having an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base. Moon teaches, the reservoir (see flat portion 8 in Fig. 1 and Fig. 3) having a size such that an area of the opening being at least 25% of a surface area of the upper surface (as seen in Fig. 1 and Fig. 3, the area of the opening of the reservoir/flat portion 8 is at least 50% or more than 50% of the total area of the upper surface of frying pan) to collect basting fluid (see Figs. 1 and Fig. 3 and disclosed in lines 58-62 “the fat or grease from the bacon is melted therefrom and flows downwardly into the troughs between ribs 10 and thence over the flat surface 8”) . Since Borner discloses the reservoir (62) to collect basting fluid (see Fig. 14) and Olsen the spoon (100) has a size that is smaller than half of the size of the pan (see 300 in Figs. 11-12) such that the spoon (100) is configured to access into the frying pan (see Fig. 11) , it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the reservoir of Moon in view of the size of the spoon of Olsen wherein the reservoir having a size such that an area of the opening being at least 50% or more than 50% of the total area of the upper surface of frying pan as taught/suggested by Moon so as the reservoir is configured to permit the spoon therein to collect a portion of the basting fluid, wherein the collected basting fluid can be reapplied to the fried food cooking the frying pan to keep the fried foods moist and prevent the foods from becoming too dry and overcooked. Moreover, the collected basting fluid can be used to make sauces, gravies and marinades which is adding depth and richness to the meal. Borner, Olsen and/or Moon does not explicitly disclose, the upper surface of the base having an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base. Cheng teaches a pan (see cookware article 10 in Fig. 1C) having the upper surface of the base having an elliptical shape (see para 0024 “the cookware article is optionally a pot or a pan having an overall shape that is circular, elliptical, oblong, rectangular or square”) , and a major axis of the elliptical shape extending between the first end and the second end of the base (see Fig. 1C). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the upper surface of the base having a circular shape, and a major axis of the circular shape extending between the first end and the second end of the base of Borner wherein the upper surface of the base having an elliptical shape, a major axis of the elliptical shape extending between the first end and the second end of the base as taught/suggested by Cheng since the applicant has not disclosed that the elliptical shape provides an advantage is used for particular purpose or solves a stated problem. One of ordinary skill in the art would have expected the Applicant' s invention to perform equally well with circular shape or elliptical shape, because both shapes perform the function of cooking/frying equally well (MPEP 2144.04 IV B) . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Borner (US 20010023641 A1) in view of Olsen (US 20220322886 A1), in further view of Moon (US 1707532 A), in further view of Cheng (US 20080087673 A1) and in further view of Hu (CN 203935023 U and see the PDF attached) . Regarding claim10, Borner in view of Olsen, in further view of Moon and in further view of Cheng discloses the frying pan of claim 9, Borner further discloses the frying pan further comprises a plurality of grill ribs (see parallel ribs 16' in Fig. 15) being coupled to the upper surface of the base (see Fig. 14 and Fig. 15 and disclosed in para 0125 “The top side 14' of the frying pan 90 is provided with parallel ribs 16' and troughs 18'”) , the plurality of grill ribs (16’) extending from the first end of the base to the reservoir (see annotated Figs. 14 and 15) . Borner in view of Olsen, in further view of Moon and in further view of Cheng does not explicitly disclose a plurality of bottom ribs being coupled to a bottom surface of the base. Nonetheless, Hu teaches, a plurality of bottom ribs (see grids 9 in Fig. 2) being coupled to a bottom surface of the base (see Fig. 2) . It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the bottom surface of the base of the frying pan Borner wherein the bottom surface of the base further comprises plurality of bottom ribs coupled thereon as taught/suggested by Hu in order to obtain a good heat conductivity and good transfer of heat to the frying pan wall (see para 0017 by Hu “the saving grid 9 has a certain spiral angle, and I and pan with the pan bottom wall 2 are jointed, the saving grid 9 made of iron or stainless steel material, and it has good heat conductivity, good wind heat conduction, and good transfer of heat to the boiler wall 2”). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VY T NGUYEN whose telephone number is (571)272-6015. The examiner can normally be reached Monday-Friday approx. 6:00 am-3:30 pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached on (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VY T NGUYEN/Examiner, Art Unit 3761 Application/Control Number: 18/229,870 Page 2 Art Unit: 3761 Application/Control Number: 18/229,870 Page 3 Art Unit: 3761 Application/Control Number: 18/229,870 Page 4 Art Unit: 3761 Application/Control Number: 18/229,870 Page 5 Art Unit: 3761 Application/Control Number: 18/229,870 Page 6 Art Unit: 3761 Application/Control Number: 18/229,870 Page 7 Art Unit: 3761 Application/Control Number: 18/229,870 Page 8 Art Unit: 3761 Application/Control Number: 18/229,870 Page 9 Art Unit: 3761 Application/Control Number: 18/229,870 Page 10 Art Unit: 3761 Application/Control Number: 18/229,870 Page 11 Art Unit: 3761 Application/Control Number: 18/229,870 Page 12 Art Unit: 3761 Application/Control Number: 18/229,870 Page 13 Art Unit: 3761 Application/Control Number: 18/229,870 Page 14 Art Unit: 3761 Application/Control Number: 18/229,870 Page 15 Art Unit: 3761