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
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, 6, 11-13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruin-Slot et al. (US20210025597).
Regarding claim 1, Bruin-Slot teaches an oven appliance (cooking appliance 10 with oven cavity connector 12; Figure 1) defining a vertical, a lateral, and a transverse direction ([0038] According to the various embodiments, the cooking appliance 10 can include a plurality of sidewalls 16 and a rear wall 18 that define a heating cavity 20), the oven appliance comprising:
a cooking chamber (heating cavity 20; Figure 1) positioned within a cabinet ([0038] cooking appliance 10 can include a plurality of sidewalls 16 and a rear wall 18 that define a heating cavity 20);
a door (appliance door 190; Figure 1) rotatably mounted to the cabinet for providing selective access to the cooking chamber ([0056] The at least one operable door 82 can be biased toward the idle state 84 by a biasing mechanism 200, such as a spring, living hinge, tensioned mechanism, or other biasing mechanism 200. The at least one operable door 82 is adapted to be biased inward into the connector interior 72 and toward an engaged state 86 when the connecting plug 32 of one of the powered accessory trays 14 is engaged with the oven cavity connector 12); and
a rotisserie assembly (rotisserie insert 148; Figure 16- 22) comprising:
a spit rod (linear member 482 of spit 160; Figure 16) rotatably mounted within the cooking chamber ([0096] the motor assembly 158 is placed in communication with an electrical system of the cooking appliance 10 and the motor assembly 158 operates to rotate the spit 160 and the food item 276 to be cooked over the base pan 130) and defining an axial direction (perpendicular to radial direction) and a radial direction (axis along which the spit rod is rotating); and
a rotisserie fork assembly (operable tines 480; Figure 16 and Figure 17) mounted on the spit rod ([0094] The securing mechanism 486 of the operable tines 480 can be biased in a downward direction through a spring mechanism 488 or other biasing member… the handle portion of the operable tines 480 can include a release 490 that allows the user to operate the release 490 for operating the securing mechanism 486 to disengage the handle assembly 484 from securing grooves 492 disposed within the linear member 482 of the spit 160) and being slidable along the axial direction ([0092] first end 458 of the rotisserie tool 450 is slidably engaged with a rotisserie tool notch 460 that slidably receives a first end 458 of the rotisserie tool 450 to position the first end 458 of the rotisserie tool 450 within a rotational portion 462 of the motor assembly 158; Figure 18 and Figure 19), the rotisserie fork assembly comprising a plurality of tines (operable tines 480; Figure 16 to Figure 19) that are adjustable along the radial direction ([0094] spit 160 can include operable tines 480 that are slidably operable along the linear member 482 of the spit 160 where the operable tines 480 are configured to engage and, typically, be inserted into a food item 276 to be cooked within the powered accessory tray 14 having the rotisserie insert 148).
Regarding claim 6, Bruin-Slot teaches the oven appliance of claim 1, wherein the plurality of tines are L-shaped (see annotated Figure 20 below).
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Regarding claim 11, Bruin-Slot teaches the oven appliance of claim 1, wherein fork assembly is a first fork assembly and the rotisserie assembly further comprises:
a second fork assembly identical to the first fork assembly (see Figure 22).
Regarding claim 12, Bruin-Slot teaches the oven appliance of claim 1, further comprising:
a rotisserie rack (bottom plate 324 of the base pan 13; Figure 16) slidably mounted within the cooking chamber ([0043]); and
a first spit support (motor arm 452; Figure 16) and a second spit support (idler arm 464; Figure 16) mounted to the rotisserie rack (see Figure 16),
wherein the spit rod is rotatably mounted to the first spit support and the second spit support ([0092] When so engaged, the motor assembly 158 can be placed in rotational communication with various rotational mechanisms, including, but not limited to, a stirring mechanism, rollers, a rotisserie tool 450, combinations thereof and other similar rotational mechanisms. The rotisserie tool 450 can include a motor arm 452 that extends upward from a plug housing 454… idler arm 464 that includes a secondary notch 466 that receives the second end 468 of the rotisserie tool 450 and substantially secures the second end 468 of the rotisserie tool 450 in a similar fashion to that of the first end 458 of the rotisserie tool 450 within the rotisserie tool notch 460 of the motor assembly 158).
Regarding claim 13, Bruin-Slot teaches a rotisserie assembly (rotisserie insert 148; Figure 16- 22) for an oven appliance (cooking appliance 10 with oven cavity connector 12; Figure 1), the oven appliance comprising a cooking chamber positioned within a cabinet ([0038] cooking appliance 10 can include a plurality of sidewalls 16 and a rear wall 18 that define a heating cavity 20), the rotisserie assembly comprising:
a spit rod (linear member 482 of spit 160; Figure 16) rotatably mounted within the cooking chamber ([0096] the motor assembly 158 is placed in communication with an electrical system of the cooking appliance 10 and the motor assembly 158 operates to rotate the spit 160 and the food item 276 to be cooked over the base pan 130) and defining an axial direction (perpendicular to radial direction) and a radial direction (axis along which the spit rod is rotating); and
a rotisserie fork assembly (operable tines 480; Figure 16 and Figure 17) mounted on the spit rod ([0094] The securing mechanism 486 of the operable tines 480 can be biased in a downward direction through a spring mechanism 488 or other biasing member… the handle portion of the operable tines 480 can include a release 490 that allows the user to operate the release 490 for operating the securing mechanism 486 to disengage the handle assembly 484 from securing grooves 492 disposed within the linear member 482 of the spit 160) and being slidable along the axial direction ([0092] first end 458 of the rotisserie tool 450 is slidably engaged with a rotisserie tool notch 460 that slidably receives a first end 458 of the rotisserie tool 450 to position the first end 458 of the rotisserie tool 450 within a rotational portion 462 of the motor assembly 158; Figure 18 and Figure 19), the rotisserie fork assembly comprising a plurality of tines (operable tines 480; Figure 16 to Figure 19) that are adjustable along the radial direction ([0094] spit 160 can include operable tines 480 that are slidably operable along the linear member 482 of the spit 160 where the operable tines 480 are configured to engage and, typically, be inserted into a food item 276 to be cooked within the powered accessory tray 14 having the rotisserie insert 148).
Regarding claim 20, Bruin-Slot teaches the rotisserie assembly of claim 13, wherein fork assembly is a first fork assembly and the rotisserie assembly further comprises: a second fork assembly identical to the first fork assembly (see Figure 22).
Allowable Subject Matter
Claims 2-5, 7-10, and 14-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The closest prior art is Bruin-Slot et al. (US20210025597), Halstead (US1952433), and Backus et al. (US20030019368).
Regarding claim 2 and claim 14, Bruin-Slot teaches the oven appliance of claim 1 and the rotisserie assembly of claim 13.
Further, Bruin-Slot teaches wherein the rotisserie fork assembly comprises: a disk and a cylinder for engaging the tines (see Figure 20). However, Bruin-Slot fails to teach an inner disk and an outer disk that define a plurality of annular grooves, each of the annular grooves defining a different diameter measured along the radial direction.
Halstead teaches circular rims forming annular grooves defining a different diameter measured along the radial direction (See Figure 3). However, Halstead fails to teach an inner disk and an outer disk that define a plurality of annular grooves.
Backus teaches an inner disk and an outer disk (spit plate 172 and spit support base 194 in Figure 11). However, the inner disk and outer disk of Backus do not have annular grooves (where grooves are interpreted as a long narrow channel or depression) defining a different diameter measured along the radial direction.
Therefore, Bruin-Slot, Halstead, and Backus fail to teach to or suggest all the limitations of claim 2 and claim 14.
Claims 3-5 and claims 7-10 depend from claim 2 and are, therefore, allowed.
Claims 15-19 depend from claim 14 and are, therefore, allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/444,370 in view of Bruin--Slot et al. (US20210025597).
Regarding claim 1, copending Application teaches an oven appliance defining a vertical, a lateral, and a transverse direction (see line 1-2 of copending Application), the oven appliance comprising:
a cooking chamber positioned within a cabinet (See line 3 of copending Application);
a door rotatably mounted to the cabinet for providing selective access to the cooking chamber (see line 4-5 of copending Application); and
a rotisserie assembly (see line 6 of copending Application) comprising:
a spit rod rotatably mounted within the cooking chamber and defining an axial direction and a radial direction (see line 9-12 of copending Application).
In the same field of endeavor pertaining to rotisserie assemblies, Bruin-Slot teaches a rotisserie fork assembly mounted on the spit rod and being slidable along the axial direction, the rotisserie fork assembly comprising a plurality of tines that are adjustable along the radial direction (see rejection of claim 1 and claim 14 above). Tines allow for the mounted product to be secured ([0093] Referring again to FIGS. 16-26, the rotisserie insert 148 can include various rotisserie tools 450 that can include, but are not limited to, a spit 160, a rotisserie cage 162, securing tines).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the rotisserie assembly of copending Application to comprise a rotisserie fork assembly mounted on the spit rod and being slidable along the axial direction, the rotisserie fork assembly comprising a plurality of tines that are adjustable along the radial direction, as taught by Bruin-Slot for the benefit of securing the mounted product.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLA MACHNESS whose telephone number is (408)918-7587. The examiner can normally be reached Monday - Friday, 6:30-2:30 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLA MACHNESS/Examiner, Art Unit 1743
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