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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3 of U.S. Patent No. 118112895. Although the claims at issue are not identical, they are not patentably distinct from each other because Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the U.S. Patent anticipate the claims of the instant application according to the mapping provided in the table below.
Claims of the present application (18377169)
Claims of US Patent 118112895
Claim 1: at least one receptacle structured and arranged to receive and collect fluid draining from the outdoor cooking device generated by food cooking within a cooking enclosure of the outdoor cooking device
Claim 1: at least one receptacle structured and arranged to receive and collect fluid draining from the outdoor cooking device generated by food cooking within a cooking enclosure of the outdoor cooking device
an enclosure structured and arranged to enclose said at least one receptacle
an enclosure structured and arranged to enclose said at least one receptacle
wherein said enclosure comprises: an upper portion comprising a top and side walls
wherein said enclosure comprises:
an upper portion comprising a top and side walls
a lower portion comprising a bottom and side walls surrounding the at least one receptacle, the lower portion being separable from the upper portion;
a lower portion comprising a bottom and side walls surrounding the at least one receptacle, the lower portion being separable from the upper portion;
at least one mount configured to mount the enclosure to the outdoor cooking device.
at least one mount comprising … to mount the enclosure to a drain of the outdoor cooking device.
Claim 2: further comprising the outdoor cooking device.
Claim 2: further comprising the outdoor cooking device.
Claim 3: wherein the outdoor cooking device comprises a wood pellet grill.
Claim 3: wherein said outdoor cooking device comprises a wood pellet grill.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: US 8016150 B1 – Bunch does teach the upper (25) and lower (20) portion with a receptacle (45), but upon search and consideration of claims 12-20 the limitations described are neither taught nor suggested by the prior art as a whole, either alone or in combination. Specifically, at least one receptacle structured and arranged to receive and collect fluid draining from the outdoor cooking device generated by food cooking within a cooking enclosure of the outdoor cooking device; and an enclosure structured and arranged to enclose the at least one receptacle; wherein the enclosure comprises: an upper portion comprising a top and side walls; a lower portion comprising a bottom and side walls surrounding the at least one receptacle, the lower portion being separable from the upper portion, in claim 1. The mount further comprising a fluid channel configured to redirect fluid drainage from a fluid drainage outlet of the outdoor cooking device to the receptacle, in claim 12. An enclosure structured and arranged to enclose said at least one receptacle, the enclosure comprising at least two external protrusions configured to affix the enclosure to the outdoor cooking device such that a fluid drainage outlet of the outdoor cooking device extends not the enclosure and directs fluid from the outdoor cooking device into the receptacle, in claim 17. No combination of the prior arts will be obtained without the use of hindsight.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170196400 A1 – Colston does teach an outdoor cooking device with a grease catch.
US 8016150 B1 – Bunch does teach a grease catch with an upper and lower portion with a receptacle withing the two portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W 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.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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