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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/31/2026 has been entered.
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.
Claims 1-4, 7-12, 16-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Carpenter (US1956853A) in view of Eves (US4882984A).
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Fig. 1 of Carpenter
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Fig. 3 of Carpenter
Regarding claim 1, Carpenter teaches a machine for cooking a food item (38) having at least a first portion and a second portion (Fig. 1 Col. 2 lines 25-45 doughnuts 38 having a top and bottom portion), comprising:
a vessel (4) sized and shaped to receive a frying medium (hot liquid grease), the vessel having (4) an entrance region (Col. 1 lines 65-75 doughnut former 5) and an exit region (Col. 1 lines 65-75 suitable discharge portion);
a frame that coupleably receives the vessel (Fig. 1); and
a submerger (12, 13, 33, 34, 35, 36, 37) that cooks at least the first and the second portions of the food item (38, Col. 2 lines 1-45 tray 33 submerged and unsubmerged, cooking top and bottom of doughnut 38),
Carpenter is silent on the submerger unmoving in a vertical direction.
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Fig. 4 of Eves
Eves teaches the submerger (Col. 3 lines 40-55 hold down conveyor 56 and manifold assembly 46) unmoving in a vertical direction (Fig. 4, Col. 3 lines 40-55 hold down conveyor 56 and manifold assembly 46 shown to not be vertically moveable)
Carpenter and Eves are considered to be analogous to the claimed invention because they are in the same field of food assemblies. It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the submerger not be moveable in a vertical direction so that food may be continuously mounted on the bottom portion when being transported through hot oil (Eves Col. 3 lines 40-55).
Regarding claim 2, Carpenter and Eves teach the machine of claim 1 and Carpenter teaches
wherein the submerger (12, 13, 33, 34, 35, 36, 37) includes a cascade-providing apparatus (33, 34, 35, 36, 37) which provides the frying medium to cook the first portion (Col. 2 lines 1-10 when the tray 33 is raised the hot liquid grease is allowed to run out in the form of a large number of small streams and thus descend in the form of a spray onto the doughnuts beneath it; taken to cook the top portion) while the frying medium in the vessel (4) cooks the second portion (bottom of doughnut) which is opposite the first portion (Fig. 1).
Regarding claim 3, Carpenter and Eves teach the machine of claim 2 and Carpenter teaches
wherein the cascade-providing apparatus (33, 34, 35, 36, 37) includes a trough (33) having a pair of arcuate end flanges (36, 37) which direct the frying medium to the food item to cook the first portion (Col. 2 lines 1-10).
Regarding claim 4, Carpenter and Eves teach the machine of claim 2, but Carpenter is silent on wherein the cascade-providing apparatus includes a manifold which is fluidly coupled to a supply of frying medium, the manifold configured to direct the frying medium to the food item to cook the first portion.
Eves teaches wherein the cascade-providing apparatus (61-68, 70 72, 74) includes a manifold (61-68, 70) which is fluidly coupled to a supply of frying medium (Col. 4 lines 60-68 Evenly spaced within each dispersing manifold 61-68 is a plurality of nozzles 70, as shown in FIGS. 6 and 7. These nozzles 70 have an aperture or a slit 140 located on its bottom which allows oil to discharge 82 into the cooking oil tank 34), the manifold (61-68, 70) configured to direct the frying medium (oil) to the food item (54) to cook the first portion (Col. 5 lines 45-60).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have a manifold coupled to a source which directs a cooking medium to the food item so as to be able to uniformly heat the food products such that a temperature is constant through out the operation (Eves Col. 5 lines 60-68).
Regarding claim 7, Carpenter and Eves teach the machine of claim 1 and Carpenter teaches comprising:
a conveyor apparatus (Col. 1 lines 60-70 a conveyor including a pair of side chains 7 and 8) that facilitates movement of the food item from the entrance region to the exit region (Col. 1 lines 60-76 the doughnuts are carried from the position of the doughnut former 5 to a suitable discharge point); and
Carpenter is silent on a roller apparatus which is coupled to the conveyor apparatus, movement of the conveyor apparatus causing rotatable movement of the roller apparatus.
Eves teaches a roller apparatus (Col. 3 lines 40-55 hold down conveyor 56) which is coupled to the conveyor apparatus (Col. 3 lines 40-55 submerged portion 50), movement of the conveyor apparatus (50, 47) causing rotatable movement of the roller apparatus (56, Fig. 4).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the roller and conveyor apparatus rotate together so that food may be continuously mounted on the conveyor when being transported through hot oil (Eves Col. 3 lines 40-55).
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Annotated Fig. 4 of Eves
Regarding claim 8, Carpenter and Eves teach the machine of claim 7, but Carpenter is silent on wherein the roller apparatus includes a roller which, when moved, submerges the food item in the frying medium in the vessel.
Eves teaches wherein the roller apparatus (Col. 3 lines 40-55 hold down conveyor 56) includes a roller (Annotated Fig. 4) which, when moved, submerges the food item (54) in the frying medium in the vessel (36).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the roller apparatus have a roller so that food may be continuously mounted and moved when being transported through hot oil (Eves Col. 3 lines 40-55).
Regarding claim 9, Carpenter and Eves teach the machine of claim 7 and Carpenter is silent on wherein the roller apparatus includes a driver that is coupled to the conveyor apparatus, the driver rotatably moves a roller when the conveyor apparatus moves.
Eves teaches wherein the roller apparatus (56) includes a driver (Col. 6 lines 45-50 conveyor control circuitry 174) that is coupled to the conveyor apparatus (50, 47), the driver rotatably moves a roller when the conveyor apparatus moves (Col. 6 lines 45-50 conveyor control circuitry 174 enables transport conveyor 47 in conveyor and manifold assembly 46 and sets the speed thereof).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the roller apparatus include a driver so that the movement and speed of the coking assembly may be controlled (Eves Col. 6 lines 45-50).
Regarding claim 10, Carpenter and Eves teach the machine of claim 1 and Carpenter teaches
wherein the submerger (12, 13, 33, 34, 35, 36, 37) includes one or more submerger plates (tray 33, Fig. 1 a plurality of trays 33, show by flanges 35), the one or more submerger plates (33) positioned proximate to the vessel (4, Fig. 1) and arranged to submerge the food item (38) in the frying medium in the vessel (4).
Regarding claim 11, Carpenter teaches a submerger (12, 13, 33, 34, 35, 36, 37) that is configured to cook a food item (38), and comprising:
a cascade-providing apparatus (33, 34, 35, 36, 37) which provides a first volume of shortening (Col. 2 lines 1-10 hot liquid grease is allowed to run out in the form of a large number of small streams and thus descend in the form of a spray onto the doughnuts beneath it) to cook an exposed portion of the food item (38, Col. 2 lines 25-45 when the doughnuts are permitted to rise to the surface of the grease they are at the same time sprinkled or sprayed with hot grease so that they are sufficiently fried on their top or exposed portions);
and one or more submerger plates (33), the one or more submerges (33) arranged to submerge the food item (38) in the second volume of shortening (Col. 2 lines 1-10 hot liquid grease in pan 4, Fig. 1.
Carpenter is silent on the submerger unmoving in a vertical direction, a roller apparatus having a roller which, when positioned above the food item, submerges the food in a second volume of shortening.
Eves teaches the submerger (Col. 3 lines 40-55 hold down conveyor 56 and manifold assembly 46) unmoving in a vertical direction (Fig. 4, Col. 3 lines 40-55 hold down conveyor 56 and manifold assembly 46 shown to not be vertically moveable),
a roller apparatus (56) having a roller which (Annotated Fig. 4), when positioned above the food item (54), submerges the food in a second volume of shortening (36).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the submerger not be moveable in a vertical direction and to have a roller apparatus so that food may be continuously mounted on the bottom portion when being transported through hot oil (Eves Col. 3 lines 40-55).
Regarding claim 12, Carpenter and Eves teach the submerger of claim 11 and Carpenter teaches
wherein the cascade-providing apparatus (33, 34, 35, 36, 37) includes a manifold (Col. 2 lines 1-10 number of perforations) which is fluidly coupled to a supply of shortening (Col. 2 lines 1-10 hot liquid grease), the supply of shortening providing the first volume of shortening (Col. 2 lines 1-10 hot liquid grease is allowed to run out in the form of a large number of small streams).
Regarding claim 16, Carpenter and Eves teach the submerger of claim 11 and Carpenter is silent on wherein the roller apparatus includes a driver and a roller, the driver configured to rotate the roller.
Eves teaches wherein the roller apparatus (56) includes a driver (174) and a roller (Annotated Fig. 4), the driver (174) configured to rotate the roller (Col. 6 lines 45-50 conveyor control circuitry 174 enables transport conveyor 47 in conveyor and manifold assembly 46 and sets the speed thereof).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the roller apparatus include a driver so that the movement and speed of the coking assembly may be controlled (Eves Col. 6 lines 45-50).
Regarding claim 17, Carpenter and Eves teach the submerger of claim 11 and Carpenter teaches comprising a plurality of submerger plates (tray 33, Fig. 1 a plurality of trays 33, show by flanges 35) arranged adjacent to each other (Fig. 1),
and wherein a first one of the plurality of submerger plates (33) positioned adjacent to the roller apparatus (9, 22, 23, 29, 30, 31, 32).
Regarding claim 21, Carpenter and Eves teach the machine of claim 1, but Carpenter is silent on a roller configured to submerge the food item into the frying medium through contact by the roller with the food item as the roller pivotably moves about an axis.
Eves teaches a roller (Annotated Fig. 4) configured to submerge the food item (54) into the frying medium (36) through contact by the roller with the food item (54) as the roller pivotably moves about an axis (Fig. 4).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have the submerger not be moveable in a vertical direction and to have a roller apparatus have a roller that pivotably moves about an axis so that food may be continuously mounted on the bottom portion when being transported through hot oil (Eves Col. 3 lines 40-55).
Claim 5-6 and 13-15 rejected under 35 U.S.C. 103 as being unpatentable over Carpenter (US1956853A) and Eves (US4882984A) as applied to claims 2 and 11 above, and further in view of Vallortigara (WO2010045988A1).
Regarding claim 5, Carpenter and Eves teach the machine of claim 2, and Carpenter teaches wherein the cascade-providing apparatus (33, 34, 35, 36, 37) includes: a trough (33), but is silent on a manifold fluidly coupled to a supply of frying medium, the manifold including one or more fluid outlets; a diffuser having a receiving portion which receives the one or more fluid outlets; and a trough arranged to surround the diffuser.
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Figs. 6 and 7 of Eves
Eves teaches a manifold (61-68, 70) fluidly coupled to a supply of frying medium (Col. 4 lines 60-68 Evenly spaced within each dispersing manifold 61-68 is a plurality of nozzles 70, as shown in FIGS. 6 and 7. These nozzles 70 have an aperture or a slit 140 located on its bottom which allows oil to discharge 82 into the cooking oil tank 34), the manifold (61-68) including one or more fluid outlets (140);
a diffuser (144) having a receiving portion (Fig. 7) which receives the one or more fluid outlets (140).
It would have been obvious to have modified Carpenter to incorporate the teachings of Eves to have a manifold coupled to a source with a plurality of outlets and a diffuser that receives the outlets so as to be able to have better control over the temperature of the cooking oil enabling uniform temperature throughout the cooking process (Eves Col. 6 lines 1-10).
Carpenter and Eves are silent on a trough arranged to surround the diffuser.
Vallortigara teaches a trough (3) arranged to surround the diffuser (8, Pg. 7 lines 5-20).
Carpenter, Eves, and Vallortigara are considered to be analogous to the claimed invention because they are in the same field of food devices. It would have been obvious to have modified Carpenter and Eves to incorporate the teachings of Vallortigara to have a trough around a diffuser in order to be able to disperse liquid through two sets of nozzles, on both of the diffuser and the trough, in order to affect the formation of the liquid ejected on the food items below as a function of the viscosity of liquid being dispersed (Vallortigara Pg. 7 lines 5-20).
Regarding claim 6, Carpenter, Eves, and Vallortigara teach the machine of claim 5 and Carpenter teaches wherein the trough (33) includes a base flange (34), a side flange (35) that extends from the base flange (33), and an end flange (36, 37) that has an arcuate shape which is configured to direct the frying medium to the food item to cook the first portion (Col. 2 lines 1-10), but is silent on wherein the trough includes a base flange that receives the diffuser.
Vallortigara teaches wherein the trough (3) includes a base flange (3A) that receives the diffuser (8).
It would have been obvious to have modified Carpenter and Eves to incorporate the teachings of Vallortigara to have a trough with a base that receives a diffuser in order to be able to disperse liquid through two sets of nozzles, on both of the diffuser and the trough, in order to affect the formation of the liquid ejected on the food items below as a function of the viscosity of liquid being dispersed (Vallortigara Pg. 7 lines 5-20).
Regarding claim 13, Carpenter and Eves teach the submerger of claim 11, Carpenter teaches wherein the cascade-providing apparatus (33, 34, 35, 36, 37) includes: a trough (33), but is silent on wherein the cascade-providing apparatus includes: a cascade lid having a recess; a manifold having an inlet positioned in the recess, the inlet configured to provide the first volume of shortening; a diffuser positioned proximate to the recess, the diffuser having a U-shaped structure sized and shaped to receive the first volume of shortening provided by the inlet; and a trough arranged to surround the diffuser, the trough configured to receive the first volume of shortening from the diffuser.
Eves teaches wherein the cascade-providing apparatus (61-68, 70 72, 74) includes: a manifold (61-68, 70) having an inlet (108), the inlet (108) configured to provide the first volume of shortening (Col. 7 lines 1-35);
a diffuser (144), the diffuser (144) having a U-shaped structure sized and shaped (Fig. 7) to receive the first volume of shortening provided by the inlet (108); and
a diffuser (144) positioned proximate to the recess (80).
It would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified Carpenter to incorporate the teachings of Eves to have a manifold having an inlet and a diffuser that receives liquid from the inlet so as to be able to uniformly heat the food products such that a temperature is constant through out the operation (Eves Col. 5 lines 60-68).
Carpenter and Eves are silent on a cascade lid having a recess; a manifold having an inlet positioned in the recess, a trough arranged to surround the diffuser, the trough configured to receive the first volume of shortening from the diffuser.
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Fig. 1 of Vallortigara
Vallortigara teaches a cascade lid (3) having a recess (Fig. 1);
a manifold (5) having an inlet (21) positioned in the recess (Fig. 1),
a trough (3a) arranged to surround the diffuser (8), the trough (3a) configured to receive the first volume of shortening (S)from the diffuser (8).
It would have been obvious to have modified Carpenter and Eves to incorporate the teachings of Vallortigara to have a lid, a manifold with an inlet within the recess of the lid, a diffuser, and a trough around the diffuser in order to be able to disperse liquid through two sets of nozzles, on both of the diffuser and the trough, in order to affect the formation of the liquid ejected on the food items below as a function of the viscosity of liquid being dispersed (Vallortigara Pg. 7 lines 5-20).
Regarding claim 14, Carpenter, Eves, and Vallortigara teach the submerger of claim 13, and Carpenter teaches wherein the trough (33) includes a base plate (34), and a pair of end flanges (36, 37), each one of the end flange extending outwardly from a respective side flange (Fig. 3), but is silent on a base flange which receives the diffuser, a pair of side flanges which extend outwardly from the base flange.
Vallortigara teaches a base flange (plate 3a) which receives the diffuser (8), a pair of side flanges which extend outwardly from the base flange (Fig. 1).
It would have been obvious to have modified Carpenter and Eves to incorporate the teachings of Vallortigara to have a trough with a base that receives a diffuser in order to be able to disperse liquid through two sets of nozzles, on both of the diffuser and the trough, in order to affect the formation of the liquid ejected on the food items below as a function of the viscosity of liquid being dispersed (Vallortigara Pg. 7 lines 5-20).
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Annotated Fig. 3 of Carpenter
Regarding claim 15, Carpenter, Eves, and Vallortigara teach the submerger of claim 14, and Carpenter teaches wherein each end flange (36, 38) has a valley-shaped structure which is sized and shaped (Annotated Fig. 3) to direct the first volume of shortening from the trough (34) to the exposed portion of the food item (Col. 2 lines 1-10 hot liquid grease is allowed to run out in the form of a large number of small streams).
Response to Arguments
Applicant’s arguments, see the Remarks, filed 08/31/2026, with respect to the rejection(s) of claims 1-3, 7-12, 16 and 17 under Carpenter (US1956853A) have been fully considered and are persuasive. However, Applicant's amendment necessitated a new ground(s) of rejection presented in this Office action, wherein the new grounds of rejection is made in view of Carpenter (US1956853A) and newly cited reference Eves (US4882984A).
Conclusion
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/ABIGAIL H RHUE/Examiner, Art Unit 3761 9/17/2026
