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. (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, 6-7, 11-12, 14, 17-18, and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Diekmann et al (US 2020/0352394), hereinafter Diekmann . Regarding claim 1, Diekmann discloses a smoke generating assembly (Fig. 1, item 100) (Fig. 3, item 300, 310) for providing a flow of smoke into a smoking chamber (Fig. 2, item 200) of an indoor smoker (Fig. 2, item 100) , the smoke generating assembly comprising: a smoke barrel (Fig. 4, item 410, 420) that extends between a first end (Fig. 4) and a second end (Fig. 4) along a central axis (Fig. 4, central axis runs along the length of and through auger 400) , the smoke barrel being configured for receiving combustible material (Para. 0030-0032) ; a smoldering heater (Fig. 4, item 330) (Fig. 5A, item 310) positioned adjacent the smoke barrel (Fig. 4) for smoldering the combustible material (Para. 0030-0032) ; and an auger (Fig. 4, item 400) positioned within the smoke barrel (Fig. 4) and being rotatable about the central axis (Para. 0030-0032) for selectively urging the combustible material from the first end (Para. 0030-0032) toward the second end of the smoke barrel (Para. 0030-0032) , wherein an angular position (Para. 0032) of the auger is measured along a direction of rotation of the auger (Para. 0030-0032) from a leading edge of the auger (Para. 0030-0032) to a vertical direction (Para. 0030-0032) , and wherein the auger is rotatable to a smoking angular position (Para. 0030-0032 , smoking angular position occurs when sensor 440 detects the acceptable angular position ) and a non-smoking angular position (Para. 0030-0032 , non-smoking angular position occurs when sensor 440 detects an unacceptable angular position ) . Regarding claim 6, Diekmann discloses t he smoke generating assembly of claim 1, further comprising: a n auger position sensor (Fig. 4, item 440) for detecting the angular position of the auger (Para. 0032) ; and a controller (Fig. 7, item 702) in operative communication with the auger position sensor (Para. 00 29 -0032) , the controller being configured to: receive a command to generate smoke (Para. 0029-0032) ; obtain the angular position of the auger (Para. 0029-0032) using the auger position sensor (Para. 0029-0032) ; and rotate the auger to the smoking angular position (Para. 0029-0032) . Regarding claim 7, Diekmann discloses t he smoke generating assembly of claim 6, wherein the controller is further configured to: receive a command to pause or stop smoke generation (Para. 0029-0032) ; and rotate the auger to the non-smoking angular position (Para. 0029-0032) . Regarding claim 11, Diekmann discloses t he smoke generating assembly of claim 6, wherein the angular position sensor is mounted to the auger proximate the first end of the smoke barrel (Fig. 4, sensor 440 is positioned proximate the first end of barrel 410, 420) . Regarding claim 12, Diekmann discloses t he smoke generating assembly of claim 1, wherein the leading edge extends along a radial direction (Fig. 4, leading edge of auger 400 extends along a radial direction) . Regarding claim 14, Diekmann discloses a n indoor smoker (Fig. 2, item 100) comprising: a cabinet; a smoking chamber (Fig. 2, item 200) positioned within the cabinet; and a smoke generating assembly (Fig. 1, item 100) (Fig. 3, item 300, 310) for providing a flow of smoke into the smoking chamber, the smoke generating assembly comprising: a smoke barrel (Fig. 4, item 410, 420) that extends between a first end (Fig. 4) and a second end (Fig. 4) along a central axis (Fig. 4, central axis runs along the length of and through auger 400) , the smoke barrel being configured for receiving combustible material (Para. 0030-0032) ; a smoldering heater (Fig. 4, item 330) (Fig. 5A, item 310) positioned adjacent the smoke barrel (Fig. 4) for smoldering the combustible material (Para. 0030-0032) ; and an auger (Fig. 4, item 400) positioned within the smoke barrel (Fig. 4) and being rotatable about the central axis (Para. 0030-0032) for selectively urging the combustible material from the first end (Para. 0030-0032) toward the second end of the smoke barrel (Para. 0030-0032) , wherein an angular position (Para. 0032) of the auger is measured along a direction of rotation of the auger (Para. 0030-0032) from a leading edge of the auger (Para. 0030-0032) to a vertical direction (Para. 0030-0032) , and wherein the auger is rotatable to a smoking angular position (Para. 0030-0032, smoking angular position occurs when sensor 440 detects the acceptable angular position) and a non-smoking angular position (Para. 0030-0032, non-smoking angular position occurs when sensor 440 detects an unacceptable angular position) . Regarding claim 17 , Diekmann discloses the smoke generating assembly of claim 1 4 , further comprising: an auger position sensor (Fig. 4, item 440) for detecting the angular position of the auger (Para. 0032) ; and a controller (Fig. 7, item 702) in operative communication with the auger position sensor (Para. 0029-0032) , the controller being configured to: receive a command to generate smoke (Para. 0029-0032) ; obtain the angular position of the auger (Para. 0029-0032) using the auger position sensor (Para. 0029-0032) ; and rotate the auger to the smoking angular position (Para. 0029-0032) . Regarding claim 18 , Diekmann discloses the smoke generating assembly of claim 17 , wherein the controller is further configured to: receive a command to pause or stop smoke generation (Para. 0029-0032) ; and rotate the auger to the non-smoking angular position (Para. 0029-0032) . Regarding claim 20 , Di ekmann discloses the smoke generating assembly of claim 1 4 , wherein the leading edge extends along a radial direction (Fig. 4, leading edge of auger 400 extends along a radial direction) . 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. 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. Claims 2-5, 10, 13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Diekmann . Regarding claim 2, Diekmann does not expressly disclose t he smoke generating assembly of claim 1, wherein the smoking angular position is between about 45 degrees and 135 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the smoking angular position between about 45 degrees and 135 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 3, Diekmann does not expressly disclose t he smoke generating assembly of claim 1, wherein the smoking angular position is about 90 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the smoking angular position to about 90 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 4, Diekmann does not expressly disclose t he smoke generating assembly of claim 1, wherein the non-smoking angular position is between about 180 degrees and 270 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the non-smoking angular position between about 180 degrees and 270 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 5, Diekmann does not expressly disclose t he smoke generating assembly of claim 1, wherein the non-smoking angular position is about 225 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the non-smoking angular position to about 225 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 10, Diekmann does not expressly disclose t he smoke generating assembly of claim 6, wherein the angular position sensor comprises at least one of a magnetic encoder or Hall-effect sensor. However, i t would have been an obvious matter of design choice to utilize a magnetic encoder or a Hall-effect sensor as the angular position sensor , since applicant has not disclosed that these particular sensors solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the angular position sensor of Diekmann . Regarding claim 13, Diekmann does not expressly disclose t he smoke generating assembly of claim 1, wherein a pitch of the auger is equal to a width of a heating block of the smoldering heater. However, i t would have been an obvious matter of design choice to form the auger such that a pitch of the auger is equal to a width of a heating block of the smoldering heater , since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Regarding claim 15, Diekmann does not expressly disclose t he indoor smoker of claim 14, wherein the smoking angular position is between about 45 degrees and 135 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the smoking angular position between about 45 degrees and 135 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 16, Diekmann does not expressly disclose t he indoor smoker of claim 14, wherein the non-smoking angular position is between about 180 degrees and 270 degrees. However, i t would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to set the non-smoking angular position between about 180 degrees and 270 degrees , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Allowable Subject Matter Claims 8-9 and 19 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 FILLIN "Examiner name" \* MERGEFORMAT VERONICA MARTIN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3541 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 8:00-6:00 . 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VERONICA MARTIN/ Primary Examiner, Art Unit 3731