Prosecution Insights
Last updated: April 17, 2026
Application No. 18/323,585

SMOKER

Non-Final OA §102
Filed
May 25, 2023
Examiner
BELAY, DILNESSA B
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
89%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
129 granted / 209 resolved
-8.3% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
31 currently pending
Career history
240
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 209 resolved cases

Office Action

§102
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 § 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. Claim(s) 1 – 5, 8 – 20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Hamilton (US 6,789,462 B1) and herein after “Hamilton”. Regarding claim 1, Hamilton discloses a smoker (a smoker and a barbeque grill apparatus 10, see FIGS. 1 – 3) comprising: a firebox (fireboxes 22, 30 located in the lower portions of a smoking chambers 12 and cooking chambers 14, (2: 24 – 40 and see FIGS.1 – 3)); and a plurality of cooking systems (a plurality of smokers and barbeque grill, see FIGS. 1 – 3), wherein each cooking system of the plurality of cooking systems comprises: a cooking chamber connected to the firebox by a set of conduits, the set of conduits configured to supply a flow of air and smoke from the firebox to the cooking chamber (smoking chambers 12 and cooking chambers 14 are connected to the firebox 22 and to each other at ventilation points E by a set of ventilation pipes 38 and air supply pipes 48 to supply smoke and air, (2:64 – 3:26 and see annotated FIG.2)); a valve operably connected to the set of conduits configured to adjust the flow of air and smoke to the cooking chamber (ventilation valves 42 and air supply valves 50 coupled to the set ventilation pipes 38 and air supply pipes 48 respectively to regulate the flow of smoke and air to the cooking chambers 14, (3:06 – 26, 3: 39 – 47 and please see annotated FIG.2)); and a smokestack connected to the cooking chamber configured to allow the flow of air and smoke to exit the cooking chamber (exhaust pipes 44 connected to the cooking chambers 14 to regulate the flow of heat and smoke from the cooking chamber 14, (3:09 – 14 and please see annotated FIG.2)). PNG media_image1.png 576 920 media_image1.png Greyscale Regarding claim 2, Hamilton discloses the smoker of claim 1, wherein each cooking system further comprises an additional valve operably connected to the smokestack and configured to adjust the flow of air and smoke that exits the cooking chamber (exhaust valve 46 is connected to the exhaust pipes 44 to regulate heat and smoke flow exit the cooking chambers 14, ((3:09 – 14 and please annotated see FIG.2)). Regarding claim 3, Hamilton discloses the smoker of claim 2, wherein the valve and the additional valve cooperate to facilitate independent and adjustable temperature regulation for each of the plurality of cooking systems (the exhaust valves 46 and the ventilation valves 42 cooperate to regulate the temperature and ventilation of the smoking chambers, 2:63 – 3:16 and please see annotated FIG.2)). Regarding claim 4, Hamilton discloses the smoker of claim 1, wherein each cooking system further comprises at least one thermometer configured to measure an internal temperature of the cooking chamber (thermometers 36 are also provided in each smoking chamber 12 to monitor the temperature of the smoking chambers, (2:66 – 3:03 and see annotated FIG.2)). Regarding claim 5, Hamilton discloses the smoker of claim 1, wherein the cooking chamber comprises a top surface, a bottom surface and one or more side surfaces (the smoking chambers 12 and cooking chambers 14 are shown to have a top surface, a bottom surface and one or more side surfaces, please see FIGS.3 and 4), the set of conduits being connected to the cooking chamber on at least one of the one or more side surfaces at one or more positions that are adjacent to the bottom surface (the ventilation pipes 38 are shown to be connecting adjacent smoking chambers 12 and cooking chambers 14 at the side surfaces, please see annotated FIG.2). Regarding claim 8, Hamilton discloses the smoker of claim 1, wherein the cooking chamber of each of the plurality of cooking systems comprises a same size (each smoking chamber 12 and cooking chamber 14 are shown to the same size, see FIGS. 1 – 2, *Note here, “size” is interpreted to mean the overall extent of the chambers, the specification does not further define what the word “size” means. Instead, in paragraph (0069), points to FIG.1B for different size cooking chambers and FIG.2B for same size cooking chambers). Regarding claim 9, Hamilton discloses the smoker of claim 1, wherein the cooking chamber of at least one among the plurality of cooking systems comprises a different size (the smoking chambers 12 and the cooking chambers 14 are shown to have different sizes, see FIGS.1 – 2). Regarding claim 10, Hamilton discloses the smoker of claim 1, wherein the cooking chamber comprises a top surface, a bottom surface and one or more side surfaces, the smokestack being positioned on the top surface of the cooking chamber (the exhaust pipes 44 are positioned on the top surfaces of the cooking chambers 14, please see FIGS. 1 – 3). Regarding claim 11, Hamilton discloses the smoker of claim 1, wherein each cooking system of the plurality of cooking systems comprises a waste pipe connected to the cooking chamber configured to facilitate removal of waste from the cooking chamber (each smoker and grill has an ash door or exhaust cavity provided in the bottom of the smoking chamber 14 and the cooking chamber 12 to facilitate the removal of ash/waste from the respective chambers, 3:33 – 37). Regarding claim 12, Hamilton discloses the smoker of claim 1, wherein each cooking system further comprises a plurality of vertically spaced cooking trays mounted in an interior of the cooking chamber (each of the smoking chambers 12 and cooking chambers 14 are provided with racks 32 supporting trays for holding meat to be cooked and smoked, (2: 26 – 28, 2: 37 – 40, and please see FIG.3)). Regarding claim 13, Hamilton discloses a smoker (a smoker and a barbeque grill apparatus 10, see FIGS. 1 – 3) comprising: a firebox (fireboxes 22, 30 located in the lower portions of a smoking chambers 12 and cooking chambers 14, (2: 24 – 40 and see FIGS.1 – 3)); a first cooking chamber connected to the firebox by a first set of conduits, the first set of conduits configured to direct a flow of air and smoke from the firebox to the first cooking chamber (a cooking chambers 14 connected to the firebox 22at ventilation points E by a set of ventilation pipes 38 and air supply pipes 48 to supply smoke and air, (2:64 – 3:26 and please see annotated FIG.2)); a second cooking chamber connected to the firebox by a second set of conduits, the second set of conduits configured to direct the flow of air and smoke from the firebox to the second cooking chamber (a cooking chambers 14’ connected to the firebox 22 at ventilation points E by a set of ventilation pipes 38 and air supply pipes 48 to supply smoke and air, (2:64 – 3:26 and please see annotated FIG.2)); and a first valve and a second valve operably connected to the respective first set of conduits and the second set of conduits (a ventilation valve 40 and an air supply valve 50 coupled to the respective ventilation pipes 38 and air supply pipes 48, see annotated FIG.2), the first valve and the second valve configured to independently adjust the flow of air and smoke supplied to the first cooking chamber and the second cooking chamber from the firebox (the respective ventilation valve 40 and an air supply valve 50 configured to regulate the flow of smoke and air to the respective cooking chamber 14 and 14’, (3:06 – 26, 3: 39 – 47 and please see annotated FIG.2)). Regarding claim 14, Hamilton discloses the smoker of claim 13, wherein the first cooking chamber and the second cooking chamber comprise a same size (each smoking chamber 12 and cooking chamber 14 are shown to the same size, see FIGS. 1 – 2.) Regarding claim 15, Hamilton discloses the smoker of claim 13, wherein the first cooking chamber and the second cooking chamber comprises different sizes (the smoking chambers 12 and the cooking chambers 14 are shown to have different sizes, see FIGS.1 – 2). Regarding claim 16, Hamilton discloses the smoker of claim 13, further comprising: a first smokestack connected to a top surface of the first cooking chamber configured to allow the flow of air and smoke to exit the first cooking chamber; and a second smokestack connected to a top surface of the second cooking chamber configured to allow the flow of air and smoke to exit the second cooking chamber (each smoking chamber 12, 12’, 12” and cooking chamber 14, 14’ has exhaust pipes 34 and 44 connected to the surface of the respective chambers, please see annotated FIG.2). Regarding claim 17, Hamilton discloses the smoker of claim 16, further comprising a first additional valve and a second additional valve operably connected to the first smokestack and the second smokestack configured to independently adjust the flow of air and smoke that exits the respective first smokestack and the second smokestack (each exhaust pipes 34, 44 have valves 35, 46 respectively, to independently adjust the flow of heat and smoke that exits the respective exhaust pipes, please see annotated FIG.2). Regarding claim 18, Hamilton discloses the smoker of claim 16, wherein: the first smokestack is connected at a center of the top surface of the first cooking chamber, and the second smokestack is connected at a center of the top surface of the second cooking chamber (first exhaust pipe 44 is connected at a center of the top surface of the first cooking chamber 14, and second exhaust pipe 44 is connected at a center of the top surface of the second cooking chamber 14”, please see annotated FIG.2). Regarding claim 19, Hamilton discloses the smoker of claim 13, wherein the first set of conduits and the second set of conduits are positioned below the first cooking chamber and the second cooking chamber and adjacent to the firebox (the ventilation pipes 38 are shown to be positioned below (lower portion) of the smoking chambers 12 and cooking chambers 14 adjacent to the firebox 22 and 30, please see annotated FIG.2). Regarding claim 20, Hamilton discloses the smoker of claim 13, wherein each of the first cooking chamber and the second cooking chamber comprises a top surface, a bottom surface, and one or more side surfaces (each of the smoking chambers 12 and cooking chambers 14 are shown to have a top surface, a bottom surface and one or more side surfaces, please see FIGS.3 and 4), each of the first set of conduits and the second set of conduits are configured to be connected to the respective first cooking chamber and the second cooking chamber on at least one of the one or more side surfaces at one or more positions that are adjacent to the bottom surface (each of the ventilation pipes 38 are shown to be connecting adjacent smoking chambers 12 and cooking chambers 14 at the side surfaces, please see annotated FIG.2 ). Allowable Subject Matter Claim 6 – 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm 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, Steven Crabb can be reached at (571)270-5095. 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. /DILNESSA B BELAY/Examiner, Art Unit 3761 /STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

May 25, 2023
Application Filed
Feb 07, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
89%
With Interview (+27.2%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 209 resolved cases by this examiner. Grant probability derived from career allow rate.

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