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 .
Drawings
The drawings are objected to because reference character "t2(t)" should read "t3(t)" in Fig 20. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 85, 85a, p, 151, 222b, and 224. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 15, 90, and 90a in Fig 3; d2 in Fig 6; P in Fig 7; 225d in Fig 23. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
In Paragraphs 0039 and 0085, “FIG. 4” should read “FIG. 6”
In Paragraph 0067, “apparatus and 2” should read “apparatus 2”
In Paragraph 00101, “t1” should read “t”
In Paragraph 00113, “125b” should read “125c”
In Paragraphs 00153 and 00155, “in FIGS. 8 and 9” and “to FIGS. 7 and 8”, respectively, are unclear
In Paragraph 00157, “225b” should read “225c”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, lines 5-6, 9, 13, and 13-15, the limitations of “configured to sequentially penetrate an external structure to which the cooking apparatus is to be mounted”, “penetrating the external structure”, “penetrating the external structure”, and “separate the bolt head and the external structure and, when separating the bolt head and the external structure”, respectively, are unclear and renders the claim indefinite. Specifically, it is unclear whether the external structure is being claimed. For the purpose of examination, claim 1 will be read as best understood.
Claims 2-14 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claim 1.
Regarding claim 10, line 4, the limitation of “smaller than that of” is unclear and renders the claim indefinite. For the purpose of examination, claim 10 will be read as “smaller than”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (KR19980077048A), hereinafter "Yang", in view of Shluzas et al. (US20080247843A1), hereinafter "Shluzas".
Regarding claim 1, as best understood, Yang teaches a cooking apparatus (see Fig 3) comprising:
a main body (Fig 3, body 100) having a cooking chamber (Fig 3, chamber 10) inside (see Fig 3) the main body; (100)
a mounting bolt (Fig 4, bolt 80) including:
a bolt head (see Fig 4, Examiner notes a head of bolt 80 as a bolt head), and
a bolt body (see Fig 4, Examiner notes a body of bolt 80 as a bolt body) extending (see Fig 4) from the bolt head (see Fig 4) and [configured to sequentially penetrate (see Fig 4) an external structure (Figs 2 and 4, shelf 2)] to which the cooking apparatus (see Fig 3) is to be mounted (see Fig 4) and then the main body (100); and
a holder (see Fig 4, Examiner notes a holder adjacent the head of bolt 80 as a holder) detachably coupleable (see Fig 4) to the mounting bolt (80) so that, when the holder (see Fig 4) is coupled (see Fig 4) to the mounting bolt (80) with the bolt body (see Fig 4) penetrating (see Fig 4) [the external structure] (2) and the main body (100), the holder (see Fig 4) is outside (see Fig 4) of the main body (100) and supports (see Fig 4) the mounting bolt (80),
wherein the holder (see Fig 4) includes:
a holder body (see Fig 4, Examiner notes a body of the holder adjacent the head of bolt 80 as a holder body) configured to, when the holder (see Fig 4) is coupled (see Fig 4) to the mounting bolt (80) with the bolt body (see Fig 4) penetrating (see Fig 4) [the external structure] (2) and the main body (100), separate (see Fig 4) the bolt head (see Fig 4) and [the external structure] (2) and, when separating (see Fig 4) the bolt head (see Fig 4) and [the external structure] (2), to adjust a protruding length (see Fig 4, Examiner notes a length of the body of bolt 80 with the holder adjacent the head of bolt 80 spaced from shelf 2 as to adjust a protruding length) of the bolt body (see Fig 4) into the main body (100).
Yang fails to teach an elastic support part inside the holder body and configured to, when the holder is coupled to the mounting bolt, elastically support the bolt body.
However, Shluzas teaches it is known to provide an elastic support part (see Fig 3, Examiner notes projections 24 as an elastic support part) inside (see Fig 3) the holder body (see Fig 3, Examiner notes an outer body of washer 12 as the holder body) and configured to, when the holder (Fig 3, washer 12) is coupled (see Fig 4A) to the mounting bolt (Fig 4A, fastener 11), elastically support (see Fig 4A, Paragraph 0018, Examiner notes compressible material as elastically support) the bolt body (Fig 4A, shank 13).
Therefore, as evidenced by Shluzas, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the holder of Yang with an adequately sized and shaped washer of Shluzas. The rationale for supporting this conclusion of obviousness is to provide the ability to fasten or join multiple layers of materials having varying thicknesses as well as provide increased or enhanced withdrawal and sheer values for the connection being formed between materials (Shluzas, Paragraph 0024).
Claim language set in brackets set forth above and below in this office action are considered by the Examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a cooking apparatus, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the Examiner maintains that the combination of Yang and Shluzas, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches wherein the elastic support part (24) of the holder (12) includes:
an elastic support part body (Shluzas, see Fig 3, Examiner notes a body of projections 24 as an elastic support part body),
a hollow portion (Shluzas, Fig 3, opening 23) formed inside (Shluzas, see Fig 3) the elastic support part body (Shluzas, see Fig 3) to accommodate (see Fig 4) the mounting bolt (80) when the holder (12) is coupled (see Fig 4) to the mounting bolt (80); and
a plurality of elastic pieces (Shluzas, Fig 3, projections 24) formed to have elasticity (Shluzas, Paragraph 0018, Examiner notes compressible material as formed to have elasticity) by **cutting out** the elastic support part body (Shluzas, see Fig 3).
**Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
Regarding claim 3, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 2 and further teaches wherein each of the plurality of elastic pieces (24) includes:
a pressing surface (Shluzas, Fig 3, surface 26) configured to press (Shluzas, see Fig 3, Paragraph 0020) an outer circumferential surface (see Fig 4) of the bolt body (see Fig 4) when the holder (12) is coupled (see Fig 4) to the mounting bolt (80),
a first inclined surface (Shluzas, see Fig 3) formed to be away (Shluzas, see Fig 3) from the bolt body (see Fig 4) from one end (Shluzas, see Fig 3) of the pressing surface (26) when the holder (12) is coupled (see Fig 4) to the mounting bolt (80), and
a second inclined surface (Shluzas, see Fig 3) formed to be away (Shluzas, see Fig 3) from the bolt body (see Fig 4) from an other end (Shluzas, see Fig 3) of the pressing surface (26) when the holder (12) is coupled (see Fig 4) to the mounting bolt (80).
Regarding claim 4, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches wherein
the holder body (Shluzas, see Fig 3) is a first holder body (Shluzas, see Fig 3, Examiner notes the outer body of washer 12 as is a first holder body), and
the holder (12) further comprises a second holder body (Shluzas, see Fig 3, Examiner notes the projections 24 of washer 12 as comprises a second holder body) extending (Shluzas, see Fig 3) from the first holder body (Shluzas, see Fig 3) and having an accommodation portion (Shluzas, see Fig 3, Examiner notes a portion between projections 24 as having an accommodation portion) therein to accommodate (see Fig 4) the mounting bolt (80) when the holder (12) is coupled (see Fig 4) to the mounting bolt (80).
Regarding claim 5, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches wherein
the holder (12) is configured to be detachably coupleable (see Fig 4) to the mounting bolt (80) by passing through a lower end (see Fig 4) of the bolt body (see Fig 4) and being pushed up toward the bolt head (see Fig 4) (Shluzas, Paragraph 0018, Examiner notes the washer 12 is mounted over the tip of the fastener as by passing through a lower end of the bolt body and being pushed up toward the bolt head).
Regarding claim 6, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 4 and further teaches wherein
the holder (12) is coupleable (see Fig 4) to the mounting bolt (80) in a first state (Shluzas, see Fig 4A) or a second state (Shluzas, see Fig 4B),
the first holder body (Shluzas, see Fig 3) is adjacent (see Fig 4) to the bolt head (see Fig 4) while the holder (12) is coupled (see Fig 4; Shluzas, see Fig 4A) to the mounting bolt (80) in the first state (Shluzas, see Fig 4A), and
the bolt head (see Fig 4) is accommodated (see Fig 4) in the accommodation portion (Shluzas, see Fig 3) of the second holder body (Shluzas, see Fig 3) while the holder (12) is coupled (see Fig 4) to the mounting bolt (80) in the second state (Shluzas, see Fig 4B).
Regarding claim 7, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 6 and further teaches wherein
the protruding length (see Fig 4) of the bolt body (see Fig 4) into the main body (100) while the holder (12) is coupled (see Fig 4) to the mounting bolt (80) in the first state (Shluzas, see Fig 4A) is smaller (Shluzas, see Fig 4A) than the protruding length (see Fig 4) of the bolt body (see Fig 4) into the main body (100) while the holder (12) is coupled (see Fig 4) to the mounting bolt (80) in the second state (see Fig 4B).
Regarding claim 8, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 6 and further teaches wherein
the bolt head (see Fig 4) is configured to be supported (see Fig 4) by an upper surface (Shluzas, see Fig 3) of the first holder body (Shluzas, see Fig 3) while the holder (12) is coupled (see Fig 4) to the mounting bolt (80) in the first state (Shluzas, see Fig 4A), and
the bolt head (see Fig 4) is configured to be accommodated (Shluzas, see Fig 1) in the accommodation portion (Shluzas, see Fig 3) of the second holder body (Shluzas, see Fig 3) while the holder (12) is coupled (see Fig 4) to the mounting bolt (80) in the second state (Shluzas, see Fig 4B).
Regarding claim 9, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 3 and further teaches wherein
the bolt body (see Fig 4) has screw threads (see Fig 4, Examiner notes bolt 80 threaded to nut 70 as has screw threads), and
a length (Shluzas, see Figs 3 and 4A) of the pressing surface (26) is longer (Shluzas, see Figs 3 and 4A) than a pitch (see Fig 4) of the screw threads (see Fig 4) of the bolt body (see Fig 4).
Regarding claim 10, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches wherein
the bolt body (see Fig 4) has screw threads (see Fig 4, Examiner notes bolt 80 threaded to nut 70 as has screw threads), and
the mounting bolt (80) further includes an unthreaded portion (see Fig 4, Examiner notes an unthreaded portion of bolt 80 distal the head of bolt 80 as an unthreaded portion) extending (see Fig 4) from a lower end (see Fig 4) of the bolt body (see Fig 4), having a diameter (see Fig 4) smaller (see Fig 4) than that (see Fig 4) of the bolt body (see Fig 4).
Regarding claim 11, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches wherein
a bottom surface (Shluzas, see Figs 3 and 4A) of the holder body (Shluzas, see Fig 3) and a bottom surface (Shluzas, see Figs 3 and 4A) of the elastic support part (Shluzas, see Fig 3) are on a same plane (Shluzas, see Figs 3 and 4A) so that, when the holder (12) is coupled (see Fig 4) to the mounting bolt (80) with the bolt body (see Fig 4) penetrating (see Fig 4) [the external structure] (2) and the main body (100), the holder (12) stably supports (see Fig 4; Shluzas, see Fig 4B) the mounting bolt (80) with respect to [the external structure] (2).
Regarding claim 12, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches comprising:
a base plate (see Fig 3, Pg 6-2, Examiner notes a plate in which filter 45 is attached to as a base plate) configured to draw air (see Fig 3, Pg 6-2, Examiner notes air of the kitchen space is opened and supposed to flow in as configured to draw air) from a lower portion (see Fig 3) of the main body (100); and
a filter (Fig 3, filter 45) configured to filter out foreign substances (see Fig 3, Pg 6-2, Examiner notes air can be filtered as configured to filter out foreign substances) in the air (see Fig 3, Pg 6-2) drawn (see Fig 3, Pg 6-2) from the base plate (see Fig 3).
Regarding claim 13, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 2 and further teaches wherein
the hollow portion (23) includes a section (Shluzas, see Figs 1 and 3, Examiner notes a central section of washer 12 having projections 24 as a section) in which, when the holder (12) is coupled (see Fig 4) to the mounting bolt (80), a diameter (Shluzas, see Fig 1, Examiner notes a diameter including recesses 27 of washer 12 as a diameter) of the hollow portion (23) decreases (Shluzas, see Fig 1, (Shluzas, see Fig 1, Examiner notes a diameter excluding recesses 27 of washer 12 as decreases) from a first side (Shluzas, see Fig 1, Examiner notes a side of washer 12 facing head 17 as from a first side) adjacent (see Fig 4) to the bolt head (see Fig 4) toward (Shluzas, see Fig 1) a second side (Shluzas, see Fig 1, Examiner notes a side of washer 12 opposite of the side of washer 12 facing head 17 as a second side) adjacent (see Fig 4) to a lower end (see Fig 4) of the bolt body (see Fig 4).
Regarding claim 14, as best understood, modified Yang teaches the cooking apparatus (see Fig 3) according to claim 1 and further teaches comprising:
a support bracket (Fig 4, plate 60) positionable adjacent (see Fig 4) to an inner surface (Fig 4, case 30) of the main body (100) so that, when the support bracket (60) is positioned adjacent (see Fig 4) to the inner surface (30) of the main body (100) and the bolt body (see Fig 4) penetrates (see Fig 4) the main body (100), the bolt body (see Fig 4) penetrates (see Fig 4) through the support bracket (60);
a mounting nut (Fig 4, nut 70) coupleable (see Fig 4) with the bolt body (see Fig 4) penetrated (see Fig 4) through the support bracket (60); and
a spring holder (Fig 4, portion 61) coupled (see Fig 4) to the support bracket (60) to support (see Fig 4) the mounting nut (70).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCK WONG whose telephone number is (571)270-1349. The examiner can normally be reached Monday - Friday, 7:30am - 5:00pm (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675