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 .
Priority
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.
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 11 and 13-17 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.
Claim 11, line 4 recites “the rim”; claim 13, line 2 recites “the following method steps”. There is insufficient antecedent basis for this limitation in the claim.
Claims 14-17 are rejected as being dependent upon claim 1.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
Claim Rejections - 35 USC § 102
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.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Boyer (US 8,025,007).
With respect to the limitations of claim 1, Boyer teaches a device for frying and/or baking food (title, abstract, turkey fryer) to be fried comprising: a pan (Figs 1-6, stock pot 6, Col 3), a heating element (heat source 9, Col 3), an insert to hold food to be fried, the insert comprises one or more separating devices suitable and intended for frying several pieces of food (food support portion 10, cooking racks 11, 12, Col 2) to be fried separately from each other.
With respect to the limitations of claims 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Boyer teaches in that immediately adjacent separating devices comprise an intermediate space, the intermediate space being greater than the thickness of the food to be fried (Fig 6, racks 11, 12, have an intermediated space for food);
the intermediate space measures at least 1 cm (Fig 6, rack spacing is more than 1 cm to be able to fit chicken wings or drumsticks);
two adjacent separating devices form a receptacle for food to be fried (racks 11, 12);
a separating device comprises a base, the base is flat and level (Figs 5, 5a, bottom rack 13, legs 59, Col 4);
in that the base of a separating device (13) comprises an opening, the opening being suitable and intended to allow a frying medium to flow through it during the frying process (opening of wire mesh or grid 42, Col 3);
the base (13) is arranged horizontally (see figures 5, 6);
in that the separating devices are arranged in parallel and/or one below the other (Figs 1, 6, racks 11, 12, 13);
the separating devices are connected to each other via a bar (handles 52, bail 54, Col 3, Col 4, Lines 4-12);
the separating device comprises an elevation (Figs 5, 5a, upright post 56, Col 3);
the elevation (56) is arranged at the rim of the separating device (metal border 44, Col 3).
With respect to the limitations of claim 12, Boyer teaches an insert for receiving food to be fried (Figs 1, 6, food support portion 10, cooking racks 11, 12, Col 2), which is suitable and intended to be immersed in a device filled with a frying medium for frying and/or baking food to be fried (abstract, deep frying apparatus), according to claim 1 (as set forth in the rejection of claim 1 above).
With respect to the limitations of claims 13, 14, 15, 16 and 17, Boyer teaches a method for frying and/or baking food to be fried (abstract), comprising the following method steps: filling receptacles of an insert for food to be fried (Figs 1, 6, food support portion 10, cooking racks 11, 12, 13, Col 2; food items on racks 11, 12, 13), the insert comprises a plurality of receptacles, the receptacles being formed by separating devices (11, 12, 13), immersion of the filled insert in a frying medium (cooking fluid 47, Col 4); frying the food to be fried in the frying medium (Col 4, Lines 46-65);
filling is done by loosely placing the food to be fried on the separating devices (Fig 6, shows loosely placed food items);
immersing takes place with the food to be fried placed loosely on the separating devices (Fig 6, shows loosely placed food items in cooking fluid 47);
during frying, the food to be fried is completely surrounded by the frying medium (cooking fluid 47 completely surrounding food items);
the food to be fried completely loses contact with a separating device at least temporarily during frying (Fig 6, spacing between racks 11, 12, 13 allows for floating of the food items between the racks, where floating food items completely loses contact racks 11, 12, 13).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 12/22/2025