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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that Scott does not teach the amended limitations, the examiner disagrees. The new limitations are interpreted in light of the specification (See the claim interpretation section below). New mapping has been provided in this action.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the applicant argues that Waddell includes a manually operated valve for selecting individual ones of the burners to receive the gas flow from the thermostatic portion, and that the thermostatic functionality of Waddell would be analogous to the second cooking mode of the claimed invention. However, Waddell is relied upon to modify Scott which teaches the first mode of operation. Similarly, the applicant argues that Siow does not have thermostatic functionality. The examiner points out that Siow is relied upon to modify Scott which possesses thermostatic functionality.
Additionally, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Claim Interpretation
Claims 1 and 9 have been amended to recite “the second valve being operable in a first cooking mode in which the combustible gas is routed from the gas intake to the bypass portion such that the combustible gas is passed to the first and second subsets of the first valves and a second cooking mode in which the combustible gas is routed from the gas intake to the thermostatic valve portion, the thermostatic valve portion routing the combustible gas to the first subset of the first valves but not the second subset of the first valves.” The applicant’s specification states “the second valve routing the combustible gas from the gas intake to the plurality of first valves in the first cooking mode and routing the combustible gas from the gas intake to the thermostatic valve portion in the second cooking mode, the thermostatic valve portion selectively routing the combustible gas to a subset of the gas burners based on a comparison of a desired temperature and an actual temperature of the cooking chamber.” The claims will be interpreted in light of the specification. In other words, “the thermostatic valve portion routing the combustible gas to the first subset of the first valves but not the second subset of the first valves” will be interpreted as - the thermostatic valve portion routing the combustible gas through the first subset of the first valves but not the second subset of the first valves-.
Other claims similarly conflate the valves and burners and are interpreted similarly.
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 and 9-14 are rejected under 35 U.S.C. 102(a)(2) as anticipated by Scott (US 11698190 B2), hereinafter Scott.
Regarding claim 1, Scott discloses a gas-fired cooking grill, the grill comprising:
a cooking chamber (“Gas grill 10 may include cooking grate 17 and lid 18. Lid 18 may be used to cover cooking grate 17 to create an enclosed cooking chamber 32” column 3, line 55);
a plurality of gas burners for heating the cooking chamber (“burners 19A-19D” column 3, line 64);
a plurality of first valves each to control flow of a combustible gas to a respective one of the gas burners (“one or more first valves 22A-22D” column 4, line 8);
a gas intake to receive the combustible gas from a combustible gas source (“fuel reservoir 12 for supplying gaseous fuel to burners 19A-19D” column 3, line 63); and
a second valve (“second valve 24 may be a thermostatic valve” column 5, line 17) disposed intermediate the gas intake and first and second subsets of the first valves and in fluid communication therewith (“Second valve 24 may be located upstream of first valves 22 in system 11 and may be configured to controllably supply gas to burners 19 via first valves 22. First valve(s) 22 and second valve 24 may be disposed in series between fuel reservoir 12 and one or more of burners 19” column 5, line 4. The first valves 22A-22D may be arbitrarily divided into first and second subsets), the second valve comprising a bypass portion configured to transfer a flow of the combustible gas (“The diagram of FIG. 8 may be illustrated on cooking grill 10 with control knob 14 pivotable about a center of the diagram. Different sectors of the diagram may be associated with different temperature ranges. The diagram may also include a bypass region where second valve 24 stays in the fully open position allowing the temperature control function of second valve 24 to be bypassed and cooking grill 10 to be operated without such temperature control function if desired. For example, such mode of operation may be achieved by adjusting knob 14 to the “BYPASS” setting where second valve 24 may remain substantially fully open and then manually adjusting the gas flow to gas burners 19 via respective valves 22” column 7, line 63) and a thermostatic valve portion configured to meter the flow of the gas based on a desired temperature setting (“Second valve 24 may be set to limit gas flow to each one of burners 19 based on a difference between the actual temperature of cooking chamber 32 and the temperature setting of control knob 14. In other words, second valve 24 in combination with capillary tube 26 and bulb 28 may provide feedback control of the flow of gas being delivered to one or more burners 19” column 8, line 46 emphasis added), the second valve being operable in a first cooking mode in which the combustible gas is routed from the gas intake to the bypass portion such that the combustible gas is passed to the first and second subsets of the first valves (bypassing valve 24 directs gas to valves 22) and a second cooking mode in which the combustible gas is routed from the gas intake to the thermostatic valve portion, the thermostatic valve portion routing the combustible gas to the first subset of the first valves but not the second subset of the first valves (The thermostatic configuration permits gas to be delivered to “one or more burners 19” and thus through a first subset of the first valves, not necessarily through a second subset of the first valves).
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Regarding claim 2, Scott discloses the gas-fired cooking grill of claim 1, wherein the second valve is controlled by a control knob operable by the user (“second valve 24 that is operatively controlled by control knob 14” column 4, line 16).
Regarding claim 3, Scott discloses the gas-fired cooking grill of claim 2, wherein the control knob cooperates with the second valve to set the desired temperature (“Control knob 14 may be used for adjusting a setting of second valve 24. Control knob 14 may be associated with, as described below, a display/indication of a range of temperatures for the purpose of specifying a desired temperature setting of cooking chamber 32” column 4, line 17).
Regarding claim 4, Scott discloses the gas-fired cooking grill of claim 1, wherein the thermostatic valve portion is a capillary valve (“second valve 24 may be a capillary-type thermostatic valve that includes capillary tube 26 and temperature sensing bulb 28” column 5, line 36).
Regarding claim 5, Scott discloses the gas-fired cooking grill of claim 4, wherein the capillary valve comprises a temperature sensor bulb for sensing temperature disposed in the cooking chamber, the temperature sensor bulb containing a fluid that expands when heated, the fluid coupled to a diaphragm that causes the capillary valve to move from an open position toward a closed position when an actual temperature of the cooking chamber exceeds the desired temperature (“The fluid within bulb 28 may increase in temperature causing thermal expansion of the fluid. As a volume of the fluid within bulb 28 is increased, some of the fluid may be forced into capillary tube 26. The fluid in capillary tube 26 may engage with diaphragm 50 that is operatively coupled to valve member 46 and causes actuation of valve member 46 in response to changes in pressure inside of capillary tube 26. A magnitude of the force exerted on diaphragm 50 and the corresponding displacement of diaphragm 50 may be related to an actual temperature within chamber 32. An increase in pressure inside of capillary tube 26 caused by an increase in temperature inside of cooking chamber 32 may urge valve member 46 toward a closed position. In reference to FIG. 6, an increase in temperature inside of chamber 32 may cause diaphragm 50 to urge valve member 46 downwardly to cause closing of orifice 48 disposed between inlet 34 and outlet 36 of second valve 24” column 6, line 53).
Regarding claim 6, Scott discloses the gas-fired cooking grill of claim 1, comprising four burners and four first valves, wherein each of the subsets of the first valves comprises two of the four burners (The subsets are an arbitrary division and may be selected as two).
Regarding claim 9, Scott discloses a gas valve assembly for a gas-fired cooking grill, the assembly comprising:
a plurality of first valves (“one or more first valves 22A-22D” column 4, line 8) each to control flow of a combustible gas to a respective one of a plurality of gas burners (“burners 19A-19D” column 3, line 64) for heating a cooking chamber of the gas-fired cooking grill (“Gas grill 10 may include cooking grate 17 and lid 18. Lid 18 may be used to cover cooking grate 17 to create an enclosed cooking chamber 32” column 3, line 55);
a gas intake to receive a combustible gas from a combustible gas source (“fuel reservoir 12 for supplying gaseous fuel to burners 19A-19D” column 3, line 63); and
a second valve (“second valve 24 may be a thermostatic valve” column 5, line 17) disposed intermediate the gas intake and first and second subsets of the first valves and in fluid communication therewith (“Second valve 24 may be located upstream of first valves 22 in system 11 and may be configured to controllably supply gas to burners 19 via first valves 22. First valve(s) 22 and second valve 24 may be disposed in series between fuel reservoir 12 and one or more of burners 19” column 5, line 4. The first valves 22A-22D may be arbitrarily divided into first and second subsets), the second valve comprising a bypass portion configured to transfer a flow of the combustible gas (“The diagram of FIG. 8 may be illustrated on cooking grill 10 with control knob 14 pivotable about a center of the diagram. Different sectors of the diagram may be associated with different temperature ranges. The diagram may also include a bypass region where second valve 24 stays in the fully open position allowing the temperature control function of second valve 24 to be bypassed and cooking grill 10 to be operated without such temperature control function if desired. For example, such mode of operation may be achieved by adjusting knob 14 to the “BYPASS” setting where second valve 24 may remain substantially fully open and then manually adjusting the gas flow to gas burners 19 via respective valves 22” column 7, line 63) and a thermostatic valve portion configured to meter the flow of the gas based on a desired temperature setting (“Second valve 24 may be set to limit gas flow to each one of burners 19 based on a difference between the actual temperature of cooking chamber 32 and the temperature setting of control knob 14. In other words, second valve 24 in combination with capillary tube 26 and bulb 28 may provide feedback control of the flow of gas being delivered to one or more burners 19” column 8, line 46 emphasis added), the second valve being operable in a first cooking mode in which the combustible gas is routed from the gas intake to the bypass portion such that the combustible gas is passed to the first and second subsets of the first valves (bypassing valve 24 directs gas to valves 22) and a second cooking mode in which the combustible gas is routed from the gas intake to the thermostatic valve portion, the thermostatic valve portion routing the combustible gas to the first subset of the first valves but not the second subset of the first valves (The thermostatic configuration permits gas to be delivered to “one or more burners 19” and thus through a first subset of the first valves, not necessarily through a second subset of the first valves).
Regarding claim 10, Scott discloses the gas valve assembly of claim 9, wherein the second valve is controlled by a control knob operable by the user (“second valve 24 that is operatively controlled by control knob 14” column 4, line 16).
Regarding claim 11, Scott discloses the gas valve assembly of claim 10, wherein the control knob cooperates with the second valve to set the desired temperature (“Control knob 14 may be used for adjusting a setting of second valve 24. Control knob 14 may be associated with, as described below, a display/indication of a range of temperatures for the purpose of specifying a desired temperature setting of cooking chamber 32” column 4, line 17).
Regarding claim 12, Scott discloses the gas valve assembly of claim 9, wherein the thermostatic valve portion is a capillary valve (“second valve 24 may be a capillary-type thermostatic valve that includes capillary tube 26 and temperature sensing bulb 28” column 5, line 36).
Regarding claim 13, Scott discloses the gas valve assembly of claim 12, wherein the capillary valve comprises a temperature sensor bulb for sensing temperature disposed in the cooking chamber, the temperature sensor bulb containing a fluid that expands when heated, the fluid coupled to a diaphragm that causes the capillary valve to move from an open position toward a closed position when an actual temperature of the cooking chamber exceeds the desired temperature (“The fluid within bulb 28 may increase in temperature causing thermal expansion of the fluid. As a volume of the fluid within bulb 28 is increased, some of the fluid may be forced into capillary tube 26. The fluid in capillary tube 26 may engage with diaphragm 50 that is operatively coupled to valve member 46 and causes actuation of valve member 46 in response to changes in pressure inside of capillary tube 26. A magnitude of the force exerted on diaphragm 50 and the corresponding displacement of diaphragm 50 may be related to an actual temperature within chamber 32. An increase in pressure inside of capillary tube 26 caused by an increase in temperature inside of cooking chamber 32 may urge valve member 46 toward a closed position. In reference to FIG. 6, an increase in temperature inside of chamber 32 may cause diaphragm 50 to urge valve member 46 downwardly to cause closing of orifice 48 disposed between inlet 34 and outlet 36 of second valve 24” column 6, line 53).
Regarding claim 14, Scott discloses the gas valve assembly of claim 9, comprising four first valves for controlling the flow of the combustible gas to four burners of the gas-fired cooking grill, wherein each of the subsets of the first valves comprises two of the first valves (The subsets are an arbitrary division and may be selected as two).
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.
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.
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Scott, in view of Siow (US 20100252020 A1), hereinafter Siow.
Regarding claim 7, Scott discloses the gas-fired cooking grill of claim 6, wherein the four burners are disposed in generally parallel arrangement (Figure 2).
Scott does not disclose wherein the second subset of the first valves corresponds to the inner two of the four burners.
However, Siow teaches wherein the second subset of the first valves corresponds to the inner two of the four burners (Figure 13).
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In view of Siow’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the second subset of the first valves corresponds to the inner two of the four burners as is taught in Siow in the grill of Scott because Siow states “In the one mode of operation the control valve controls the heat emitted by only the outer burner. Food is placed in the center of the grate and the lid is closed which results in indirect heating and convection cooking of the food” (paragraph [0005]). Therefore, including the bypassing of inner burners as in Siow will permit an indirect convection cooking mode. Including additional modes of operation expands the usefulness of the grill.
Regarding claim 15, Scott discloses the gas valve assembly of claim 14, wherein the four burners are disposed in a generally parallel arrangement (Figure 2).
Scott does not disclose wherein the second subset of the first valves corresponds to the inner two of the four burners.
However, Siow teaches wherein the second subset of the first valves corresponds to the inner two of the four burners (Figure 13).
In view of Siow’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the inner burner is the burner which is selectively bypassed as is taught in Siow in the assembly of Scott because Siow states “In the one mode of operation the control valve controls the heat emitted by only the outer burner. Food is placed in the center of the grate and the lid is closed which results in indirect heating and convection cooking of the food” (paragraph [0005]). Therefore, including the bypassing of inner burners as in Siow will permit an indirect convection cooking mode. Including additional modes of operation expands the usefulness of the assembly.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Scott, in view of Waddell (US 2245060 A), hereinafter Waddell.
Regarding claim 8, Scott discloses the gas-fired cooking grill of claim 1.
Scott does not explicitly disclose wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves.
However, Waddell teaches wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves (“Another of the ears 116 is diametrically opposed to the first ear and appears at the top of the casing only when the valve 61 is rotated 180° to supply both out ports 65 and 65'. The latter ear bears appropriate indicia such as the word "High." The third ear 116 lies intermediate the diametrically opposed ears and appears at the top of the casing only when valve 61 Is in its intermediate position for supplying only the outlet port 65. This ear has the word "Low" inscribed thereon” page 5, column 1, line 2 and “With this construction, I provide means for automatically securing a plurality of positions of the outlet damper so as to accommodate a plurality of burners which may be used singly or in combination. Accordingly, the oven controlled by the new regulator may be operated at a high thermal efficiency. It will be apparent that where more than two burners are employed in the oven, the handle 128 will have an additional operating position for each additional burner, and the cam plate 135 will be arranged to move the damper to various positions corresponding in number to the number of operating positions of handle 128” page 7, column 2, line 13).
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In view of Weddell’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves as is taught in Weddell, in the grill disclosed by Scott because Weddell states “With this construction, I provide means for automatically securing a plurality of positions of the outlet damper so as to accommodate a plurality of burners which may be used singly or in combination. Accordingly, the oven controlled by the new regulator may be operated at a high thermal efficiency.” Therefore, including the teachings of Weddell will permit operation of the plurality of burners of Scott at a high thermal efficiency.
Regarding claims 16, Scott discloses the gas valve assembly of claim 9, comprising four first valves,
Scott does not explicitly disclose wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves.
However, Waddell teaches wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves (“Another of the ears 116 is diametrically opposed to the first ear and appears at the top of the casing only when the valve 61 is rotated 180° to supply both out ports 65 and 65'. The latter ear bears appropriate indicia such as the word "High." The third ear 116 lies intermediate the diametrically opposed ears and appears at the top of the casing only when valve 61 Is in its intermediate position for supplying only the outlet port 65. This ear has the word "Low" inscribed thereon” page 5, column 1, line 2 and “With this construction, I provide means for automatically securing a plurality of positions of the outlet damper so as to accommodate a plurality of burners which may be used singly or in combination. Accordingly, the oven controlled by the new regulator may be operated at a high thermal efficiency. It will be apparent that where more than two burners are employed in the oven, the handle 128 will have an additional operating position for each additional burner, and the cam plate 135 will be arranged to move the damper to various positions corresponding in number to the number of operating positions of handle 128” page 7, column 2, line 13).
In view of Weddell’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the thermostatic valve portion comprises a plurality of ports, one of the ports being coupled to at least one of the first subset of the first valves and another of the ports being coupled to at least one of the second subset of the first valves as is taught in Weddell, in the assembly disclosed by Scott because Weddell states “With this construction, I provide means for automatically securing a plurality of positions of the outlet damper so as to accommodate a plurality of burners which may be used singly or in combination. Accordingly, the oven controlled by the new regulator may be operated at a high thermal efficiency.” Therefore, including the teachings of Weddell will permit operation of the plurality of burners of Scott at a high thermal efficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Smith (US 5470018 A) “An infrared burner selection knob 64 connects to the valve 88 for mechanically controlling how many infrared burners A, B, C and D receive gas” column 4, line 50
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Querejeta (US 20090159068 A1) “when the control valve 6 is in a first position M the fuel is allowed to pass to the burner 2 through the first through-pipe 4, said fuel being allowed to pass to the burner 2 through the second through-pipe 5 when said control valve 6 is in a second position A” paragraph [0015]
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Shaffer (US 20100132692 A1) “Referring now to FIG. 4B, another exemplary user interface unit is shown. In this exemplary embodiment, the user interface unit includes a simplified configuration including two physically turnable control knobs 498, 499 for each user interface unit section 400-402 for controlling a respective grilling zone. In this example, the control knob 498 may be turned or rotated by the user to place the set the grill mode in one of an automatic mode or a manual mode. In the manual mode, the user may rotate the knob from the off position 498D to a position between the "lo" and "hi" burner settings 498A, 498B for manually controlling the valves 240 for adjusting the intensity of the burner flames. In the automatic mode the user may turn the control knob 498 from the off position 498D to the automatic position 498C which activates the knob 499” paragraph [0038]
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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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 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, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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