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 .
Priority
The claim to priority to CN 202323170628.x, filed on November 22, 2023 is acknowledged in the instant application.
Drawings
The drawings are objected to because in Fig. 1, reference “1”, Fig. 3, reference “A” and in Fig. 4, reference “B” all are missing an arrow (see Fig. 1, reference “A”, “B” for example). 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.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stewart (US Pat. 5,947,013).
Regarding claim 1, Stewart discloses an outdoor grill for charcoal grilling, comprising: a base (stand 11; Fig. 1 and 3; Col. 3, Lines 36-59); a basin body (12, Fig. 1-4) configured for burning wood, wherein the basin body is provided on the base (stand 11); a charcoal tray (13, Fig. 1-4) configured for burning charcoal (Abstract), wherein the charcoal tray (13) is detachably provided in the basin body (12); wherein, in response to that it is necessary to burn wood, the charcoal tray (13) is removed from the basin body (12), and the wood is placed in the basin body (12) for burning, in response to that it is necessary to burn charcoal, the charcoal tray is installed in the basin body (12), and the charcoal is placed in the charcoal tray (13) for burning.
Regarding claim 2, Stewart discloses a bracket (40, 41; Fig. 2 and 4); wherein the bracket (40, 41) is fixedly connected to the basin body (12), and the charcoal tray (13) is installed on the bracket (Col. 3, Lines 52-66).
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.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Springman (US Pub. 2018/0098660) in view of Chen (US Pub. 2007/0017500).
Regarding claim 1, Springman discloses a campfire ring grill comprising: a basin body (4, Fig. 1) configured for burning wood; a charcoal tray (3, Fig. 2) configured for burning charcoal (Abstract), wherein the charcoal tray (3) is detachably provided in the basin body (4); wherein, in response to that it is necessary to burn wood, the charcoal tray is removed from the basin body (4), and the wood is placed in the basin body (4) for burning; in response to that it is necessary to burn charcoal, the charcoal tray (3) is installed in the basin body (4), and the charcoal is placed in the charcoal (3) for burning (Fig. 1-6; Par. 24-54). Springman does not disclose a base; and the basin body is provided on the base. Chen discloses a base (stand 10, Fig. 1-2) and the basin body (12) is provided on the base (10) (Fig. 1-2 and 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Springman, a base; and the basin body is provided on the base, as taught by Chen, for the purpose of providing the stand for the barbecue cooker.
Regarding claim 2, Springman discloses a bracket (adjustable tab 7 and vertical supports 1; Fig. 1-2 and 4-5); wherein the bracket is fixed connected to the basin body (3), and the charcoal (3) is installed on the bracket (Par. 24-25, 27-28 and 30-54).
Regarding claim 3, Springman discloses the bracket (1) comprises a connecting piece (via upper piece of 1 at the screw 5, Fig. 4) and a plurality of supporting pieces (notches of 1, Fig. 4), and the plurality of the supporting pieces are respectively connected to the connecting piece; one end of each support piece is plugged into the basin body, and the other end of each supporting piece is configured is supporting the charcoal tray (3).
Regarding claim 4, Springman discloses the charcoal tray (3) comprises a retaining ring (Fig. 3) and a base plate, the retaining ring is provided around an edge of the base plate; and a plurality of through holes are provided on the base plate (Fig. 3).
Regarding claim 5, Chen discloses a first grilling net (20, Fig. 1-2 and 4); and a second grilling net (24, Fig. 1-2 and 4); wherein the first grilling net (20) is provided above the basin body (12), and the second grilling net (24) is provided at a side of the first gilling net (20) away from the basin body (12) (Fig. 1-4).
Regarding claim 6, Chen discloses an adjustment assembly (position device 23, 26); wherein the adjustment assembly (23) comprises a first sleeve (232: Fig. 2) located on the basin body (12) and a first lifting column (22) connected to the first grilling net (20); the first lifting column (22) is movably provided in the first sleeve (232), so that the first grilling net (20) is configured to move along an axis direction of the first lifting column and rotate around an axis of the first lifting column (Fig. 1-4; Par. 15-16).
Regarding claim 7, Chen discloses the adjustment assembly (position device 26) further comprises a second sleeve (232: Fig. 2) located on the basin body (12) and a second lifting column (22; Fig. 2) connected to the second grilling net (24); the second lifting column (22) is movably provided in the second sleeve (232), so that the second grilling net (20) is configured to move along an axis direction of the second lifting column and rotate around an axis of the second lifting column (Fig. 1-4; Par. 15-17).
Regarding claim 8, Chen discloses the adjustment assembly (position device 23) further comprises position pins (234, 264; Fig. 1-3); a plurality of pins holes (222; Fig. 2-3) are provided through the first lifting column (22) for inserting the position pins (234; Fig. 1), and the position pins are inserted into the different first pin holes to adjust a height of the first grilling net (20) , and/or a plurality of second pins holes (222) are provided through the second lifting column (22) for inserting the positioning pins (264; Fig. 3), and the positioning pins (264) are inserted into the different second pins holes (222) to adjust a height of the second grilling net (24) (Par. 15-19).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Springman (US Pub. 2018/0098660) in view of Chen (US Pub. 2007/0017500) and further view of Weilert et al. (US Pub. 2024/0053019)
Regarding claim 9, Springman/Chen disclose substantially all features of the claimed invention as set forth above including from Chen, a plurality of supporting feet (Fig. 1-2 and 5), one end of the plurality of the supporting feet is connected to the basin body (12) (Fig. 5) respectively except a fixing frame, and the fixing frame is fixedly connected to the plurality of the support feet. Weiler et al. discloses a fixing frame (240, 260; Fig. 2), and the fixing frame (240) is fixedly connected to the plurality of the support feet (270) (Fig. 1-4; Par. 35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Springman/Chen, a fixing frame, and the fixing frame is fixedly connected to the plurality of the support feet, as taught by Weilert et al., for the purpose of providing a strong/sturdy base to support the stove.
Regarding claim 10, Chen discloses a plurality of table plates (Fig. 1-2 and 4); wherein the plurality of table plates are connected in sequence along an edge of the basin body (12), and the plurality of the table plates are provided with air holes (gap between the table plates). Weilert et al. discloses the basin body (110; Fig. 1) is provided with air holes (170; Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761
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