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 .
Response to Arguments
Applicant's arguments filed 06/04/2026 have been fully considered but they are not persuasive.
Applicant argues that Li’s baking tray 14 is not “spaced from” the heating compartment. Examiner has considered applicant’s arguments and reinterprets the prior art of Li such that the ‘heating compartment” is represented by partition(s) 10.
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Applicant argues that the damper of Li (plate 11) does not meet the functional limitation of “adjustable … to control an amount of heat provided to the cooking surface and the rack.” Examiner interprets the functional limitation in light of instant specification ¶45, ¶46, Fig. 9, damper 68. Applicant’s dampers achieve this function by covering the heating element and deflecting or reflecting heat downward when closed. Li’s plate 11 similarly covers the heating element and opens or closes. Li’s plate 11 when closed would necessarily reflect or deflect heat upward. Examiner acknowledges instant specification teaches damper’s 68 in a different positional relationship with the heating elements than is taught by Li. However, the claims do not require such.
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Applicant argues that modifying Li with Krasznai would impermissibly modify a principle operation of Li. Examiner respectfully disagrees. Applicant’s arguments appear to misunderstand the proposed modification. The proposed modification is to include the wire rack and reflector plate as taught by Krasznai not to simply place a reflector under the tray 14 of Li.
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.
Claims 1, 2, 6, 12, 14, and 17 is/are rejected under 35 U.S.C. 102as being anticipated by CN 105286648 to Li. References to the text of Li refer to the provided English language translation.
Regarding Claim 1, Li discloses a cooking device (an electric barbecue grill for cooking; Abstract), comprising: a frame having a plurality of legs (outer box body 1 has a plurality of legs, Fig. 1);
a main body supported by the frame (inner box body 2 and furnace frame 3 are supported on the outer box body 1, Fig. 1) and having a heating compartment having at least one burner (partitions 10 contain heating elements 9, Fig. 2);
a cooking surface disposed above the heating compartment (barbecue net 8 is positioned above 10 and heating elements 9, Fig. 1) and configured to be heated by the at least one burner (barbecue net 8 is positioned directly above the heating elements 9 to be heated by the heating elements; Fig. 1) for cooking a food item in a first cooking mode (barbecue net 8 is a grill surface used to grill food; and
a rack disposed below and spaced from the heating compartment (lower baking tray 14 is arranged at the lower part of the outer box body 1 below partitions 10 and heating elements 9; seen in Fig. 1, 2) and configured to receive the food item thereon for cooking the food item via heat from the at least one burner in a second cooking mode (the lower baking tray 14 can be used to preheat the barbecue food using the radiant heat provided from above ¶20).
Regarding Claim 2, Li discloses the cooking device of claim 1. Li discloses further wherein: the cooking surface is one of a griddle and a grill grate (barbecue net 8 is a grill ¶18).
Regarding Claim 6, Li discloses the cooking device of claim 1. Li discloses further comprising: at least one damper within the heating compartment (partition 10 and radiation adjustment plate 11 arc provided with radiation holes 13 positioned under the heating elements 9; Fig. 1, Fig. 3), the at least one damper being selectively adjustable (radiation adjustment plate 11 slides on partition 10 to adjust the offset of the radiation holes 13 in each member; ¶20 Fig. 2) between an open position and a closed position (the radiation holes 13 can be aligned in an open position and staggered in a closed position; Fig. 2) to control an amount of heat provided to the cooking surface and/or the rack (adjusting the offset of the radiation holes 13 on the partition 10 and the radiation adjustment plate 11 adjusts the amount of heat provided to the food in the lower baking tray 12; ¶20)
Regarding Claim 12, Li discloses a multi-function grill (an electric barbecue grill for cooking rice-flour cakes and bean curds; Abstract), comprising: a support structure having a plurality of legs (outer box body 1 has a plurality of legs; Fig. 1); a main body supported by the support structure (inner box body 2 and furnace frame 3 are supported on the outer box body 1; Fig. 1), the main body defining a heating compartment (the inner box body 2 contains the heating elements 9, ¶20, Fig. 2); a cooking surface disposed above the heating compartment (barbecue net 8 is positioned above the inner box body 2 and heating elements 9; Paras. [0018], [0020]; Fig. 1) and configured to be heated by the heating compartment (barbecue net 8 is positioned directly above the heating elements 9 to be heated by the heating elements; Fig. 1); and a rack disposed below the heating compartment (lower baking tray 14 is arranged at the lower part of the outer box body 1 below the inner box body 2 and heating elements 9; ¶20; Fig. 1) and configured to receive a food item thereon for cooking the food item via heat from the heating compartment (the lower baking tray 14 can be used to preheat the barbecue food using the radiant heat provided from above; ¶20, ¶6);
at least one damper within the heating compartment (partition 10 and radiation adjustment plate 11 are provided with radiation holes 13 positioned under the heating elements 9; ¶20, Figs. 1, 3), the at least one damper being selectively adjustable (radiation adjustment plate 11 slides on partition 10 to adjust the offset of the radiation holes 13 in each member, ¶20, Fig. 2) between an open position and a closed position (the radiation holes 13 can be aligned in an open position and staggered in a closed position, Fig. 2) to control an amount of heat provided to the cooking surface and the rack (adjusting the offset of the radiation holes 13 on the partition 10 and the radiation adjustment plate 11 adjusts the amount of heat provided to the food in the lower baking tray 12; ¶20]).
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Regarding Claim 14, Li discloses the multi-function grill of claim 12. Li discloses further comprising:
at least one heating element within the internal heating compartment (the inner box body 2 contains the heating elements 9; ¶20; Fig. 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 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105286648 to Li in view of US 5,471,914 to Krasznai et al. (hereinafter, "Krasznai").
Regarding Claim 3, Li discloses the cooking device of claim 1. Li fails to explicitly disclose wherein: the rack includes a wire rack and a reflector plate disposed below the wire rack.
Krasznai US5471914 is in the field of an electric toaster including a housing (Abstract) and teaches wherein: the rack includes a wire rack and a reflector plate disposed below the wire rack (the toasting rack 34 is positioned above the radiant energy reflecting wall 55; Fig. 2; Col. 3 Ln. 22-25, 64-67).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the rack of Li to include the wire rack and reflector plate as taught by Krasznai. The motivation being to provide a more even distribution of heat on and around the food on the rack.
Regarding Claim 10, Li discloses the cooking device of claim 1. Li fails to explicitly disclose further comprising: a reflector plate positioned beneath the rack.
Krasznai US5471914 further teaches a reflector plate positioned beneath the rack (the radiant energy reflecting wall 55 is positioned beneath the toasting rack 34; Fig. 2; Col. 3 Ln. 22-25, 64-67).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the rack of Li to include a wire rack and a reflector plate as taught by Krasznai. The motivation being to provide a more even distribution of heat on and around the food on the rack.
Claims 4, 5, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105286648 to Li in view of US 2,758,589 to Green et al. (hereinafter, "Green").
Regarding Claim 4, Li discloses the cooking device of claim 1. Li fails to explicitly disclose wherein: a vertical position of the rack in relation to the at least one burner is adjustable.
Green US2758589 is in the field of (portable broilers, ovens and the like; Col. 1 Ln. 14-17) and teaches wherein: a vertical position of the rack in relation to the at least one burner is adjustable (food trays 16 can be positioned at different levels on the tray supporting rack 15 to adjust the distance to the heating member 29; Figs. 1, 9; Col. 1 Ln. 63-67; Col. 2 Ln. 5-10).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the rack of Li to include the adjustable position racks as taught by Green. The motivation being to be able to adjust the amount and intensity of heat on the cooking rack by changing the height relative to the heating elements.
Regarding Claim 5, modified Li discloses the cooking device of claim 4. Li fails to explicitly disclose further comprising: a plurality of vertically spaced tracks configured to receive the rack in various vertically spaced positions in relation to the at least one burner.
Green US2758589teaches further comprising: a plurality of vertically spaced tracks configured to receive the rack in various vertically spaced positions in relation to the at least one burner (food trays 16 can be positioned on the pairs of coplanar ledges 20 at different levels on the tray supporting rack 15 to adjust the distance to the heating member 29; Figs. 1, 9; Col. 1 Ln. 63-67; Col. 2 Ln. 5-10).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the rack of Li to include the spaced tracks for receiving the rack as taught by Green. The motivation being to be able to adjust the amount and intensity of heat on the cooking rack by changing the height relative to the heating elements.
Regarding Claim 16, Li discloses the multi-function grill of claim 14. Li fails to explicitly disclose wherein: a vertical position of the rack in relation to the at least one heating element is adjustable.
Green US2758589 teaches wherein: a vertical position of the rack in relation to the at least one heating element is adjustable (food trays 16 can be positioned at different levels on the tray supporting rack 15 to adjust the distance to the heating member 29; Figs. 1, 9; Col. 1 Ln. 63-67; Col. 2 Ln. 5-10).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the rack of Li to include the adjustable position racks as taught by Green. The motivation being to be able to adjust the amount and intensity of heat on the cooking rack by changing the height relative to the heating elements.
Claims 7, 8, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105286648 to Li in view of CN 104106604 to Yang. References to the text of Yang refer to the provided English language translation.
Regarding Claim 7 [as best understood], Li discloses the cooking device of claim 6. Li fails to explicitly disclose further comprising: a damper control knob connected to the at least one damper for adjusting a position of the at least one damper.
CN 104106604 to Yang is in the field of a multifunctional furnace for barbecuing (Abstract) and teaches further comprising: a damper control knob connected to the at least one damper for adjusting a position of the at least one damper (a crank handle 19 is turned to adjust the baffle 3; ¶15).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the damper of Li to include the control knob as taught by Yang. The motivation being to provide an easy control, on the exterior of the cooking device, to adjust the damper that is isolated and insulated from the heat inside the cooking device.
Regarding Claim 8, modified Li discloses the cooking device of claim 7. Li fails to explicitly disclose wherein: the at least one damper is a plurality of dampers each having an associated damper control knob.
CN 104106604 to Yang teaches wherein: the at least one damper is a plurality of dampers each having an associated damper control knob (there are at least three baffles 3 and each has an associated crank handle 19; Fig. 1).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the damper of Li to include the dampers with control knobs as taught by Yang. The motivation being to be able to adjust each damper independently.
Regarding Claim 18, Li discloses the multi-function grill of claim 12. Li fails to explicitly disclose further comprising: a damper control knob connected to the at least one damper for adjusting a position of the at least one damper.
CN 104106604 to Yang teaches further comprising: a damper control knob connected to the at least one damper for adjusting a position of the at least one damper (a crank handle 19 is turned to adjust the baffle 3; ¶15).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the damper of Li to include the control knob as taught by Yang. The motivation being to provide an easy control, on the exterior of the cooking device, to adjust the damper that is isolated and insulated from the heat inside the cooking device. The motivation being to provide an easy control on the exterior of the cooking device to adjust the damper.
Claims 9, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105286648 to Li in view of GB 578221 to Sivley et al. (hereinafter, "Sivley").
Regarding Claim 9, Li discloses the cooking device of claim 1. Li fails to explicitly disclose further comprising: a reflector plate positioned on an underside of the cooking surface.
GB 578221 Sivley teaches further comprising: a reflector plate positioned on an underside of the cooking surface (damper 70 is positioned below the frying top 73; Fig. 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the cooking surface of Li to include the reflector plate as taught by Sivley. The motivation being to control the heat applied to the cooking surface.
Regarding Claim 13, Li discloses the multi-function grill of claim 12. Li fails to explicitly disclose wherein: the cooking surface is a griddle.
GB 578221 Sivley teaches wherein: the cooking surface is a griddle (the top 73 is a heavy cast metal frying plate; Page. 4 Ln. 72-76). It would have been obvious to one of ordinary skill in the art before the priority date to modify the cooking surface of Li to include a griddle as taught by Sivley. The motivation being to provide a large even cooking surface.
Regarding Claim 15, Li discloses the multi-function grill of claim 14. Li fails to explicitly disclose wherein: the at least one heating element is a gas burner.
GB 578221 Sivley teaches wherein: the at least one heating element is a gas burner (the heating elements are a plurality of burner pipes 18 with openings 18b for releasing the gas; Page. 2 Ln. 45-50, 60-65).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the heating element of Li to include a gas burner as taught by Sivley. The motivation being to provide a faster and more responsive heating element for better control and/or provide a heating element that doesn’t require electricity.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105286648 to Li in view of CN 104106604 to Yang and GB 578221 to Sivley et al. (hereinafter, "Sivley").
Regarding Claim 11, Li discloses the cooking device of claim 6. Li fails to explicitly disclose further comprising: a burner shield disposed over the at least one burner, the burner shield having a plurality of apertures.
GB 578221 Sivley teaches further comprising: a burner shield disposed over the at least one burner (radiants 19 are provided on top of and extending between the burner pipes 18; Page. 2 Ln. 50-55; Fig. 2), the burner shield having a plurality of apertures (radiants 19 are each provided with a number of transverse slots 21 extending through the radiants; Page. 2 Ln. 50-60; Fig. 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the burners of Li to include burner shields as taught by Sivley. The motivation being to protect the burners from being clogged or damaged by falling debris.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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 517-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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