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
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) 1-8, 10-12, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dahle et. al (US 11,751,723 B2).
With respect to claim 1 Dahle discloses an accessory support frame [reference character 80] for a grill [reference character 60], the accessory support frame comprising: a front support; a rear support spaced apart from the front support; an inset region1 located between and bordered by the front support and the rear support [see annotated Fig. below], the inset region configured to receive and to support an insertable accessory [reference character 242]; and an accessory rail [see annotated Fig. below] coupled to the front support and the rear support, the inset region bordered by the accessory rail, the accessory rail including an accessory mounting segment [see annotated Fig. below] configured to be engaged by and to support a snap fit accessory2.
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With respect to claim 2 Dahle discloses the inset region includes: a first support rail [reference character 120] located between the front support and the rear support, the first support rail configured to support a first portion of the insertable accessory; and a second support rail [also reference character 120] located between the front support and the rear support, the second support rail spaced apart from the first support rail, the second support rail configured to support a second portion of the insertable accessory.
With respect to claim 3 Dahle discloses that the accessory mounting segment of the accessory rail is spaced apart from and oriented parallel relative to the first support rail of the inset region [see annotated Figs. above].
With respect to claim 4 Dahle discloses that the second support rail is oriented parallel to the first support rail [see annotated Fig. above]
With respect to claim 5 Dahle discloses that the second support rail is spaced apart from the first support rail by a width, and the rear support is spaced apart from the front support by a depth [see annotated Fig. below].
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With respect to claim 6 Dahle discloses that the insertable accessory is configured to occupy the width when the insertable accessory is inserted into the inset region [see Fig. 6].
With respect to claim 7 Dahle discloses that the insertable accessory is configured to substantially occupy the depth when the insertable accessory is inserted into the inset region [see Fig. 6].
With respect to claim 8 Dahle discloses that the insertable accessory is configured to occupy approximately one half of the depth when the insertable accessory is inserted into the inset region [see Fig. 6, since the accessory occupies all of the depth of the inset region, it also occupies half of the depth of the inset region].
With respect to claim 10 Dahle discloses a side support [see annotated Fig.below] coupled to the front support and the rear support, the side support spaced apart from the accessory rail, the inset region located between and bordered by the side support and the accessory rail.
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With respect to claim 11 Dahle discloses that an upper surface of the side support includes a plurality of heat distribution openings [reference character 258].
With respect to claim 12 Dahle discloses a mounting leg [reference character 88/288] located proximate the side support, the mounting leg extending below the inset region, the mounting leg receivable within and couplable to a support member of the grill.
With respect to claim 17 Dahle discloses the insertable accessory is one insertable accessory from among a plurality of insertable accessories, wherein respective ones of the plurality of insertable accessories are configured to be interchangeably inserted into the inset region [see Fig. 3, where the food pan 100 and the cutting board 102 are insertable into the inset region].
With respect to claim 18 Dahle discloses that the plurality of insertable accessories includes a cutting board, and a basin [see Fig. 3].
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.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahle et. al (US 11,751,723 B2) in view of Brodbeck (US 2,823,657).
With respect to claim 9 Dahle does not disclose that at least one of the front support or the rear support includes a recess leading into and extending outwardly from the inset region, the recess configured to enable removal of the insertable accessory from the inset region.
Brodbeck discloses a stove cover [reference character 23] that is inset into a stovetop [reference character 5, see Figs. 3-4] where the front support of the stovetop includes a recess [see annotated Fig. below], the recess configured to enable removal of the insertable accessory from the inset region [column 2 lines 16-25].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the frame taught by Dahle by including a recess in the frame adjacent to the insert, as taught by Brodbeck, in order to allow for easy removal of the insertable accessory.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahle et. al (US 11,751,723 B2) in view of Berger (US 5,104,080).
With respect to claim 13 Dahle does not disclose a mounting tab located proximate the side support, the mounting tab extending above the inset region, the mounting tab couplable to a support member of the grill.
Berger discloses a barbecue side table [reference character 20] which includes a mounting tab [reference character 30] that allows the suspension of the table from the rim [reference character 3a], interpreted as the “support member”, of the grill.
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Dahle by supporting the table from the rim of a barbecue with mounting tabs, as taught by Berger, in order to allow the table to be adapted to any barbecue with a suitable rim.
Claim(s) 14-16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahle et. al (US 11,751,723 B2) in view of Kahler et. al (US 2013/0340741 A).
With respect to claim 14 Dahle does not disclose that the accessory mounting segment is configured to be engaged by a connector of the snap fit accessory to removably couple the snap fit accessory to the accessory rail.
Kahler discloses a tool holder [reference character 502] for a barbecue side table [reference character 107] that is connected to an accessory rail [reference character 110] by a snap fit connector [see paragraph 0027].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the table taught by Dahle by including a tool holder which attaches to a table via snap fit connectors, as taught by Kahler, in order to conveniently hold tools such as forks, skewers, and tongs [see paragraph 0027 of Kahler].
With respect to claim 15 the combination of Dahle and Kahler disclose that a shape of a portion of the connector of the snap fit accessory complements a shape of a portion of the accessory mounting segment of the accessory rail [the flat surface of the tool holder in Kahler complements the flat mating surface of the accessory mounting segment of Kahler].
With respect to claim 16 the combination of Dahle and Kahler disclose that the accessory support frame is configured to enable removal of the insertable accessory from the inset region while the snap fit accessory remains coupled to the accessory mounting segment of the accessory rail, and to enable removal of the snap fit accessory from the accessory mounting segment of the accessory rail while the insertable accessory remains within the inset region [note that in combination the inset region and the snap fit accessory do not occupy the same physical space and therefore do not interfere with each other].
With respect to claim 19 Dahle does not disclose that the snap fit accessory is one snap fit accessory from among a plurality of snap fit accessories, wherein respective ones of the plurality of snap fit accessories are configured to be interchangeably removably coupled to the accessory mounting segment.
Kahler discloses a plurality of accessories includes a tool holder [reference character 502] and a basket [reference character 302] for a barbecue side table [reference character 107] that are interchangeably removed [see Figs. 3-5] that is connected to an accessory rail [reference character 110] by a snap fit connector [see paragraph 0027].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the table taught by Dahle by including a tool holder which attaches to a table via snap fit connectors, as taught by Kahler, in order to conveniently hold tools such as forks, skewers, and tongs [see paragraph 0027 of Kahler] of a basket for bulk items.
With respect to claim 20 the combination of Dahle and Kahler discloses that the plurality of snap fit accessories includes a tool hook [reference character 502 of Kahler], and a caddy [reference character 302 of Kahle].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 The inset region is interpreted to be the region between the top surface of the shelf and the top surface of the support rails.
2 The limitation “configured to be engaged by and to support a snap fit accessory” is interpreted as functional in nature, where the prior art need only be capable of satisfying the functional limitation. In this case a spring clip could be used to snap onto the lip and support an accessory.
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