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
(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, 3, 4 and 6 are rejected under 35 U.S.C. 102(a1) as being anticipated by Rigali (US 2,977,954).
Regarding claim 1, Rigali discloses a cold smoke generator comprising a metal tube (52/53, materials are fire resistant, preferably sheet metal “The generator 1 includes a casing 2, preferably constructed of sheet metal or other fire resistant material capable of transmitting vibrations.” (column 2, lines 34-37)) with a combustion chamber (50), an air supply (air provided to interior) and an outlet (111) for the smoke, wherein the metal tube is arranged in a stand (support of combustion chamber 17, see figure 2) in a lockable manner (neck 53 of metal tube surrounded by collar 54 and set by flange 55, see figure 2).
Regarding claim 3, Reigali discloses the cold smoke generator according to claim 1, Reigali further discloses wherein a nozzle (106) for generating an air flow is connected to the pump (as shown in figure 9).
Regarding claim 4, Reigali discloses the cold smoke generator according to claim 3, Reigali further discloses wherein the nozzle is a Venturi nozzle (as indicated by the arrangement of nozzle 106 within tube 109 within smoke chamber, tube 109 having gap between 106).
Regarding claim 6, Reigali discloses the cold smoke generator according to claim 1, wherein an adapter (annular flange 55, see figure 2 and 4) is arranged for connecting the metal tube and the stand (as shown in figure 2).
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.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Reigali in view of Neuman (US 2022/0046936).
Regarding claim 2, Reigali discloses (Fig-2-9) the cold smoke generator according to claim 1, wherein a pump (blower 93), an energy source for the pump (blower motor 100),
Reigali is silent regarding and a regulator for adjusting the pump are arranged in the stand.
However Neuman teaches and a regulator (210/106) for adjusting the pump are arranged in the stand (“the speed of fan 720 may be adjustable using setting buttons 210 or smoker controls 106 to allow a user to control the flow of smoke to food package 702.” [0046] see figure 1 providing control 106 on stand 104 at base of heating system 108).
The advantage of a regulator for adjusting the pump are arranged in the stand, is to provide automated control of fan profiles/timing accessibly to user “The fan 720 may or may not have a preset setting that allows the fan 720 to run at a higher speed/RPM immediately upon getting started, then automatically lowering the RPM to the desired speed that will remain at that speed until the flavor has been fully imparted into the food package 702. Once the fan 720 runs for the preset/preprogrammed amount of time, it may or may not automatically enter into a “Shut Down Cycle” to allow the fan 720 to gradually turn off, thus extending the life of the fan and its components. Optionally, after the fan 720 turns off and/or ignition chamber 102 is again safe to open, smoker 100 may emit an alert such as a sound or alarm to let the user know the smoking process is complete.” [0046].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Reigali and Neuman before him or her, to modify smoking system of Reigali to include the automated control and accessible control system of Neuman because providing accessible automated controls enhances operation of the smoker.
Regarding claim 10, the cold smoke generator according to claim 1, Reigali is silent regarding wherein the metal tube is a stainless steel tube or an aluminum tube.
However Neuman teaches wherein the metal tube is a stainless steel tube or an aluminum tube (containment of smoke source made of stainless steel “whereas the exterior surfaces of ignition chamber 102 may be formed from stainless steel in order to withstand a variety of operating temperatures of smoker 100.” [0016]).
The advantage of wherein the metal tube is a stainless steel tube or an aluminum tube, is to provide heat resistance to components that get hot in a smoker system “whereas the exterior surfaces of ignition chamber 102 may be formed from stainless steel in order to withstand a variety of operating temperatures of smoker 100.” [0016].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Reigali and Neuman before him or her, to modify the sheet metal of Reigali to include the stainless steel of Neuman, because stainless steel enhances tolerance to cycle temperatures of a smoker.
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Reigali in view of Powell (US 2020/0093145).
Regarding claim 5, Reigali discloses the cold smoke generator according to claim 1, Reigali is silent regarding wherein the cold smoke generator is connectable to a grill.
Howeverver Powell teaches (Fig-7) wherein the cold smoke generator (60/62) is connectable (connection at 90) to a grill (12).
The advantage of wherein the cold smoke generator is connectable to a grill, is to providing either or both a grilling / smoking of food “This invention relates to a smoker/grill for cooking food while imparting a smoked flavor to the food and more particularly to a smoker with an external gravity fed heat source.” [0002].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Reigali and Powell before him or her, to modify smoking system of Reigali to include the Grilling/smoking system of Powell because adding a smoking system to a grill enhances range of food preparing methods with smoking and/or grilling.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Reigali in view of Terrell (US 2022/0087475).
Regarding claim 7, Reigali discloses the cold smoke generator according to claim 6, Reigali further discloses wherein a Venturi nozzle (106 within 109, see figure 9) for generating an air flow is connected to the pump (via tube 107 to pump 93, see figure 9)
Reigali is silent regarding and wherein the Venturi nozzle is arranged in the adapter.
However Terrell teaches (Fig-3) wherein the Venturi nozzle (blower fan system 41/43) is arranged in the adapter (adapter as interface generally 30 to base/lower body of smoke system 10, “the portable grill and smoker may comprise a lower body panel with end caps and a lid with end caps. The lid may be hinged to the lower body panel. In some embodiments, a battery pack and a controller configured to control the speed of the fan may be removably attached to the underside of the lower body panel.” [0006]).
The advantage of wherein the Venturi nozzle is arranged in the adapter, is to provide a portable attachment of battery/controller to smoke system “the portable grill and smoker may comprise a lower body panel with end caps and a lid with end caps. The lid may be hinged to the lower body panel. In some embodiments, a battery pack and a controller configured to control the speed of the fan may be removably attached to the underside of the lower body panel.” [0006].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Reigali and Terrell before him or her, to modify the venturi smoking system of Reigali to include the attachable blower/power system of Terrell because an attachable system with power/controls lends a portable nature to the smoker device.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Reigali in view of Robbins (US 4,374,489).
Regarding claim 8, Reigali discloses the cold smoke generator according to claim 1, Reigali is silent regarding wherein wherein a sheet is arranged in the metal tube
However Robbins teaches (Fig-1-2) wherein a sheet (4) is arranged in the metal tube (20).
The advantage of wherein a sheet is arranged in the metal tube, is to sealingly contain the woodchips within combustion chamber during smoking “the smoking column having an electric power heating source sealed in the lower portion thereof, the upper end of the electric power heating source extending upwards into the smoking column and being spaced from the walls thereof so that a space in the smoking column is provided for containment of hardwood particles or flakes to be smoldered” (claim 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Reigali and Robbins before him or her, to modify the grated smoking system of Reigali to include the sheet bottom sealed smoking system of Robbins, because a sealed bottom to a smoker burn chamber, retains smoldering hardwood during smoking.
Regarding claim 9, Reigali as modified teaches the cold smoke generator according to claim 8, Reigali as already modified teaches wherein the sheet is arranged perpendicular to the longitudinal axis of the metal tube (as shown in figure 2 of already modifying Robbins).
Conclusion
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761
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