DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim(s) 1-3, 5, and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 2013/0233863 A1 to Lapine (“Lapine”) in view of German Patent No. DE 29900119 to Diboa (“Diboa”) further in view of U.S. PGPUB 2022/0397275 A1 to Hensrud et al. (“Hensrud”).
As to claim 1, Lapine teaches a cooking vessel (pan 10) comprising a side wall (body portion 14) and a handle (handle 12), said handle comprising a connecting piece (first portion 18) attached to the side wall, said connecting piece comprising an axial portion (first end 18a) extending parallel to the side wall and attached to the side wall by at least first and second (Lapine Fig. 1 shows two rivets that attach the handle 12 to the pan 10) rivets (rivets 22), wherein the at least first and second rivets are arranged in at least two parallel horizontal planes respectively, (Lapine Fig. 1 shows two rivets that attach the handle 12 to the pan 10 in at least two parallel horizontal planes) separated by a distance and wherein the axial portion extends laterally to a vertical plane, perpendicular to the side wall (Lapine Fig. 1 shows the first portion 18a extends laterally to a vertical plane, perpendicular to the side wall); but does not teach over a width less than 30 millimeters, the axial portion of a connecting part comprising an external surface which, in a horizontal cross-sectional plane, has an arc shape with a radius between 7 and 12 centimeters, the external surface bearing at least partially on the side wall.
Diboa teaches over a width L less than 30 millimeters (Diboa, claim 2, vertical bars of 35x10mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the size of the vertical bars of Diboa with the cooking vessel as taught by Lapine to provide a handle that absorbs a minimum of heat from the pan (Diboa, pg. 1, lines 7-8).
Hensrud teaches the axial portion of the connecting part (handle engagement element 40) comprising an external surface which, in a horizontal cross-sectional plane, has an arc shape with a radius between 7 and 12 centimeters (Hensrud, pg. 3, ¶ 0047), the external surface bearing at least partially on the side wall (Hensrud Fig. 9 shows the handle engagement element 40 on the rim 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the radius of Hensrud with the cooking vessel as taught by Lapine t to provide a handle engagement element (Hensrud, pg. 1, ¶ 0019).
As to claim 2, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein the handle comprises a vertical plane of symmetry, with the at least first and second rivets arranged in the vertical plane of symmetry (Lapine Fig. 1 shows the rivets 22 are arranged in the vertical plane).
As to claim 3, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 2, but does not teach wherein the axial portion extends laterally on either side of the vertical plane of symmetry so as to have a constant width.
Diboa teaches the vertical bars are 35x10 mm in claim 2 which would have an axial portion extend laterally on either side of the vertical plane of symmetry so as to have a constant width.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the constant width of the vertical bars of Diboa with the cooking vessel as taught by Lapine to provide a handle that absorbs a minimum of heat from the pan (Diboa, pg. 1, lines 7-8).
As to claim 5, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein the distance D is greater than 10 millimeters (Diboa Fig. 1 shows the space between the rivets is 23mm).
As to claim 7, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein each of the first and second rivets comprises a barrel with a diameter of less than 6 millimeters (Diboa Fig. 1 shows the space between the top of the pan and the middle of the top rivet to be 6mm therefore the barrel of the rivet is less than 6mm).
As to claim 8, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein the handle comprises a gripping part assembled to the connecting piece by overmolding (Lapine, pg. 1-2, ¶ 0013).
As to claim 9, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein the cooking vessel is a frying pan, a saucepan (Lapine, pg. 2, ¶ 0024), a skillet or a Dutch oven.
As to claim 10, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, wherein the connecting piece comprises a radial portion (elongated member 16) extending radially relative to the side wall from a junction end with the axial portion, the junction end arranged immediately adjacent to an upper edge of the cooking vessel (Lapine Fig. 1 shows the elongated member arranged immediately adjacent to an upper edge of the cooking pan 10).
As to claim 11, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 10, wherein the radial portion extends radially relative to the side wall at an upward angle (Lapine Fig. 1 shows the elongated member 16 extending radially relative to the side wall at an upward angle).
Claim(s) 6, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lapine in view of Diboa in view of Hensrud further in view of U.S. PGPUB 2019/0142207 A1 to Hollinger (“Hollinger”).
This figure, now referred to as Hollinger annotated Fig. 4, used for the rejection of claims 6, 12, and 13 has been replicated below, and the Examiner has added reference points for ease of explanation, and said reference points will be used for the rejection of claims 6, 12, and 13 below.
PNG
media_image1.png
554
548
media_image1.png
Greyscale
As to claim 6, Lapine modified by Diboa and Hensrud teaches the cooking vessel according to claim 1, but does not teach wherein the connecting piece is made from a stainless-steel strip with a thickness greater than 2 millimeters.
Hollinger teaches wherein the connecting piece (connecting piece, Hollinger annotated Fig. 4) is made from a stainless-steel (Hollinger, pg. 2, ¶ 0048) strip with a thickness greater than 2 millimeters (Hollinger annotated Fig. 4 shows the connecting piece is less than the stop 14 and says that the stop has a thickness of 5 mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the thickness of the connecting piece of Hollinger with the cooking vessel as taught by Lapine modified by Diboa and Hensrud to provide a secure attachment of a handle.
As to claim 12, Lapine modified by Diboa and Hensrud teaches a cooking vessel comprising a body (pan 10) with a side wall (body portion 14) and a handle (handle 12), the cooking vessel according to claim 1, but does not teach a set consisting of at least two cooking vessels.
Hollinger teaches teach a set comprising at least two cooking vessels (top item 11 and middle item 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the set of Hollinger with the cooking vessel as taught by Lapine modified by Diboa and Hensrud to provide set of cookware items that can stack and nest in stable configuration (Hollinger, pg. 1, ¶ 0003).
As to claim 13, Lapine modified by Diboa, Hensrud, and Hollinger teaches the set consisting of at least two cooking vessels according to claim 12, wherein each side wall of at least two cooking vessels has an identical height (Hollinger annotated Fig. 4 shows the top item 11 is the same height as the middle item).
Response to Arguments
Applicant's arguments filed 02/06/2026 have been fully considered but they are not persuasive.
As to the applicant’s argument that the Lapine reference does not disclose the claimed rivet arrangement, this is not persuasive since Lapine clearly discloses in Figure 1 two vertically stacked rivets in two parallel horizontal planes as discussed in the rejection above.
As to the applicant’s argument that the Lapine reference does not disclose the axial portion extending parallel to the side wall and bearing against the side wall, this is not persuasive since Lapine clearly discloses in paragraph 27 that the handle 12 has a first end 18a attached to the side of the body portion 14 by rivets 22.
As to the applicant’s argument that the Diboa reference does not disclose the claimed axial portion or rivet arrangement. However the Examiner only uses the Diboa reference to teach that the width of 10 mm, which is shown in the Diboa figure below, is where the handle is attached to the pan.
PNG
media_image2.png
345
190
media_image2.png
Greyscale
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.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON LYNN POOS whose telephone number is (571)270-7427. The examiner can normally be reached Mon-Thus 10-3 EST.
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, Nathan Jenness can be reached at 571-270-5055. 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.
/M.L.P/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 18 May 2026
Prosecution Insights