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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 3/30/2026 have been fully considered but they are not persuasive.
Regarding he applicant’s arguments regarding “one or more tracks positioned within one or more slots of the housing,” the examiner disagrees. The slots of all of the cited references define regions that are tracks in the same way that a road may define at least one lane or a duct may define a channel. The examiner notes that the applicant may be attempting to distinguish the claims by differentiating between the slot and the track. From the applicant’s figures, it appears that the track is raised within a wider recess. Claim language such as this would differentiate from the applied art requiring further search and consideration.
Applicant’s arguments with respect to amended claim 10 have been fully considered and are persuasive. The rejection of claim 10 and its dependents has been withdrawn.
Applicant’s arguments with respect to claim 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mell (US 3180248 A), hereinafter Mell.
Regarding claim 1, Mell discloses an appliance having a cooking cavity comprising:
a housing having the cooking cavity and defining an opening into the cooking cavity (12 and 14), and wherein the housing includes one or more tracks (the track where 11 rolls) positioned within one or more slots (25); and
one or more lids (20) adjacent the opening into the cooking cavity to the housing, wherein the one or more lids are positionable between a closed position (Figure 2) and an open position (Figure 1) relative to the opening into the cooking cavity, wherein the one or more lids include one or more followers, and wherein the one or more followers engage the one or more tracks within the one or more slots to guide the one or more followers and the one or more lids between the closed position and the open position (11).
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Regarding claim 9, Mell discloses the appliance of claim 1 is an outdoor grill (“This invention relates to a barbecue device” column 1, line 9).
Claims 1, 2, 7, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su (US 6029649 A), hereinafter Su.
Regarding claim 1, Su discloses an appliance having a cooking cavity comprising:
a housing having the cooking cavity and defining an opening into the cooking cavity (1), and wherein the housing includes one or more tracks (the track for 211) positioned within one or more slots (“Both lateral sides of the body portion 1 are each formed with a circular groove 11” column 2, line 26); and
one or more lids adjacent the opening into the cooking cavity to the housing, wherein the one or more lids are positionable between a closed position and an open position relative to the opening into the cooking cavity, wherein the one or more lids include one or more followers, and wherein the one or more followers engage the one or more tracks to guide the one or more followers and the one or more lids between the closed position and the open position (“The door 2 has two flanges 21 at two ends each provided with two protuberances 211 at the inner side thereof. The protuberance 211 is configured to be slidable within the circular groove 11 so that the door 2 can be rotated with respect to the body portion 1 thereby opening or closing the oven” column 2, line 27).
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Regarding claim 2, Su discloses the appliance of claim 1 wherein one or more side walls and a top wall of the housing includes the one or more slots with the one or more tracks positioned therein (Figures 2 and 3).
Regarding claim 7, Su discloses the appliance of claim 1 wherein the one or more followers are fixed relative to the one or more lids (“The door 2 has two flanges 21 at two ends each provided with two protuberances 211 at the inner side thereof” column 2, line 27).
Regarding claim 12, Su discloses the appliance of claim 1 wherein the one or more slots are external to the cooking cavity (Figure 2).
Claims 1, 3, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holdo Baggott (US 20120288596 A1), hereinafter Holdo Baggott.
Regarding claim 1, Holdo Baggott discloses an appliance having a cooking cavity comprising:
a housing having the cooking cavity and defining an opening into the cooking cavity (Figure 2), and wherein the housing includes one or more tracks (the tracks for 48a and 48b) positioned within one or more slots (“Curved member 2 preferably provides a "track" on each side of the frame over which curved lid 1 rolls or moves” paragraph [0064]); and
one or more lids adjacent the opening into the cooking cavity to the housing, wherein the one or more lids are positionable between a closed position and an open position relative to the opening into the cooking cavity, wherein the one or more lids include one or more followers, and wherein the one or more followers engage the one or more tracks within the one or more slots to guide the one or more followers and the one or more lids between the closed position and the open position (“Affixed to each bracket 46 is a set of paired rollers 48a and 48b used to support lid 1 on the track of curved frame support member 2. Back roller 48a and front roller 48b, shown in place in FIG. 10, and in detail in FIG. 11, showing curved frame support member 2 there between, affix lid 1 onto the grill apparatus in a manner that permits lid 1 to rotate down to open cooking enclosure 71, or to return back up to the closed position” paragraph [0097]).
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Regarding claim 3, Holdo Baggott discloses the appliance of claim 1 wherein the housing includes a top wall (7) and depending side walls (6, 27), wherein the one or more lids engage the top wall when in the closed position and disengages from the top wall when in the open position (“Further securing the top of curved frame members 2 on each side, and connecting vertical frame support members 3 on each side at the top of the grill is an optional top cover 7. Top cover 7 is a rectilinear curved member, preferably metal or other fire resistant material, which operates as a flange over the open cooking enclosure” paragraph [0067]).
Regarding claim 9, Holdo Baggott discloses the appliance of claim 1 is an outdoor grill (“Provided is a cooking/grilling apparatus, primarily for outdoor use” abstract).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Trood, in view of Su.
Regarding claims 1, 6, and 7, Trood discloses an appliance having a cooking cavity comprising:
a housing (“The oven 10 is formed from a main body 20, sliding door 30 and stand 40” paragraph [0034]) having the cooking cavity and defining an opening into the cooking cavity (“The side walls 21, rear wall 22, top wall 23, and base 24 are connected to form a cooking space 25 located within the main body 20” paragraph [0035]), and one or more tracks (“A guide slot 62” paragraph [0040]);
one or more lids adjacent the opening into the cooking cavity to the housing, wherein the one or more lids are positionable between a closed position and an open position relative to the opening into the cooking cavity (“The door 30 is located at the front of the main body 20 and is used to enclose the cooking space 25” paragraph [0039]), one or more followers, and wherein the one or more followers engage the one or more tracks to guide the one or more followers and the one or more lids between the closed position and the open position (“Rollers 63 are attached to the main body 20 and stand 40 to guide the guide plates 61 when the door panel 31 is moved between an open position and a closed position” paragraph [0040]);
wherein the one or more tracks include at least one member (61) and at least one slot (62) on a distal end of the at least one member away from the one or more lids, wherein the at least one follower slidably engages the one or more tracks (Figures 5A and 5B);
wherein the one or more tracks are fixed relative to the one or more lids (Figures 5A and 5B).
Trood does not disclose:
wherein the housing includes the one or more tracks positioned within one or more slots, wherein the one or more lids include the one or more followers;
wherein the one or more followers include at least one pin (211), wherein the at least one pin slidably engages the one or more tracks within the one or more slots (Figure 3);
wherein the one or more followers are fixed relative to the one or more lids (See figures).
However, Su teaches:
wherein the housing includes the one or more tracks positioned within one or more slots, wherein the one or more lids include the one or more followers (“The door 2 has two flanges 21 at two ends each provided with two protuberances 211 at the inner side thereof. The protuberance 211 is configured to be slidable within the circular groove 11 so that the door 2 can be rotated with respect to the body portion 1 thereby opening or closing the oven” column 2, line 27);
wherein the one or more followers include at least one pin (211), wherein the at least one pin slidably engages the one or more tracks within the one or more slots (Figure 3);
wherein the one or more followers are fixed relative to the one or more lids (Figures 2 and 3).
The court has held mere reversal of movement to be an obvious modification In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). In this case, the difference between the claims and the prior art Trood is the reversal of track and follower. In other words, the claims require the housing to comprise the tracks and the lid to comprise the followers. Whereas, in Trood, the housing comprises the followers and the lid comprises the track. This is a mere reversal of track and follower and would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention. Furthermore, the substitution of one known element (the roller of Trood) for another (the pin of Su) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of follower taught in Su would have yielded predictable results, namely, means for sliding within a track Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 3, Trood, as modified by Su, discloses the appliance of claim 1 wherein the housing includes a top wall (23) and depending side walls (21), wherein the one or more lids engage the top wall when in the closed position and disengages from the top wall when in the open position (“FIGS. 6A to 6C show the operation of the sliding door 30. When sliding door 30 is in the closed position, the door panel 31 engages with the seals 29 located around the main body 20 adjacent the cooking space 25 as shown in FIG. 6A. This ensures that no hot air escapes between the main body 20 and the door panel 31. When the door panel 31 is lifted, the cavity 32 located within the door panel 31 provides a passage way 35 that is located between the door panel 31 and the seals 29. The upward movement of the door panel 31 pulls air upwardly and causes hot air from within the cooking space 25 to pass through the passage way 25 as shown in FIG. 6B. This passageway 35 thereby reduces the amount of hot air flowing out of the cooking space 25 past the door panel 31 and into the face of a user” paragraph [0045]).
Regarding claim 4, Trood, as modified by Su, discloses the appliance of claim 3 wherein the one or more lids include a flange overlapping the top wall when the one or more lids are in the closed position (Figures 6A and 6B).
Regarding claim 5, Trood, as modified by Su, discloses the appliance of claim 1 wherein the one or more lids include an outer periphery, wherein when the one or more lids are in the closed position the entire outer periphery of the one or more lids are adjacent the housing defining the opening and when the one or more lids are in the open position the entire outer periphery of the one or more lids are spaced from the housing defining the opening (Figures 1 and 2).
Claims 3, 4, 8, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Su, in view of Societe Clermont-Bonte (FR 955820 A), hereinafter SCB.
Regarding claim 3, Su discloses the appliance of claim 1, wherein the housing includes a top wall and depending side walls, wherein the one or more lids engage the top wall when in the closed position (Figure 2 shows the housing has an arched portion covering the top of the appliance and side walls).
Su does not disclose wherein the one or more lids disengages from the top wall when in the open position.
However, SCB teaches wherein the one or more lids disengages from the top wall when in the open position (“as the door, in its upward movement, moves away from the fixed part, a passage is created between the top of the door and the roof of the hood to allow the immediate evacuation of vapors and prevent them from returning towards the worker through the lower opening, which could burn them” all citations from the machine translation appended to the foreign reference).
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In view of SCB’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the one or more lids disengages from the top wall when in the open position as is taught in SCB in the appliance disclosed by Su because SCB states that the configuration prevents burns to the user. Therefore, including the features taught by SCB will improve safety in Su.
Regarding claim 4, Su, as modified by SCB, discloses the appliance of claim 3, wherein the one or more lids includes a flange overlapping the top wall when the one or more lids are in the closed position (“The door 2 has two flanges 21” column 2, line 27).
Regarding claim 8, Su discloses the appliance of claim 1.
Su does not disclose wherein a top wall of the one or more lids travels upwardly and towards the user when moved away from the closed position towards the open position.
However, SCB teaches wherein a top wall of the one or more lids travels upwardly and towards the user when moved away from the closed position towards the open position (“as the door, in its upward movement, moves away from the fixed part, a passage is created between the top of the door and the roof of the hood to allow the immediate evacuation of vapors and prevent them from returning towards the worker through the lower opening, which could burn them” all citations from the machine translation appended to the foreign reference).
In view of SCB’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein a top wall of the one or more lids travels upwardly and towards the user when moved away from the closed position towards the open position as is taught in SCB in the appliance disclosed by Su because SCB states that the configuration prevents burns to the user. Therefore, including the features taught by SCB will improve safety in Su.
Regarding claim 16, Su discloses a method of self-venting a cooking appliance comprising the steps of:
providing a cooking appliance having a top side, wherein the top side includes a top wall of a housing and at least a portion a lid (Figure 2 shows that the top side of the appliance is formed by a portion of the housing arching over the top and a portion of the lid which arches over the top), wherein the cooking appliance include one or more followers slidably engaging one or more tracks between the housing and the lid (“The door 2 has two flanges 21 at two ends each provided with two protuberances 211 at the inner side thereof. The protuberance 211 is configured to be slidable within the circular groove 11 so that the door 2 can be rotated with respect to the body portion 1 thereby opening or closing the oven” column 2, line 27);
actuating the lid relative to the housing from a closed position to an open position to manipulate an opening to a cooking cavity (Action indicated by the arrow in figure 3).
Su does not disclose:
projecting the one or more followers at least partially away from the housing when in the open position;
upwardly venting from the top side of the appliance between the top wall of the housing and the portion of the lid when opening the lid.
However, SCB teaches:
projecting the one or more followers (11) at least partially away from the housing when in the open position (Figures 5 and 6);
upwardly venting from the top side of the appliance between the top wall of the housing and the portion of the lid when opening the lid (“as the door, in its upward movement, moves away from the fixed part, a passage is created between the top of the door and the roof of the hood to allow the immediate evacuation of vapors and prevent them from returning towards the worker through the lower opening, which could burn them” all citations from the machine translation appended to the foreign reference).
In view of SCB’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
projecting the one or more followers at least partially away from the housing when in the open position; and
upwardly venting from the top side of the appliance between the top wall of the housing and the portion of the lid when opening the lid as is taught in SCB in the appliance disclosed by Su because SCB states that the configuration prevents burns to the user. Therefore, including the features taught by SCB will improve safety in Su.
Regarding claim 17, Su, as modified by SCB, discloses the method of claim 16 further comprising slidably engaging the lid relative to the housing between the closed position and the open position (Figure 3).
Regarding claim 18, Su, as modified by SCB, discloses the method of claim 17 further comprising sliding the lid relative to the housing in a non-linear path (The path taught by SCB is non-linear).
Regarding claim 19, Su, as modified by SCB, discloses the method of claim 16 wherein the one or more followers project through one or more slots of the housing when in the open position (“The door 2 has two flanges 21 at two ends each provided with two protuberances 211 at the inner side thereof. The protuberance 211 is configured to be slidable within the circular groove 11 so that the door 2 can be rotated with respect to the body portion 1 thereby opening or closing the oven” column 2, line 27).
Regarding claim 20, Su, as modified by SCB, discloses the method of claim 16 wherein a rear portion of the lid includes a first set of the one or more followers slidably engaging the one or more tracks between the housing and the lid and a front portion of the lid includes a second set of the one or more followers slidably engaging the one or more tracks between the housing and the lid (Figure 3).
Allowable Subject Matter
Claims 10, 11, and 13-15 are allowed.
The following is an examiner’s statement of reasons for allowance:
None of the prior art of record teaches or suggests an appliance with all of the limitations of independent claim 10.
Claim 10 recites the limitations “wherein a rear portion of the lid includes a first set of the one or more followers slidably engaging the one or more tracks between the housing and the lid and a front portion of the lid includes a second set of the one or more followers slidable engaging the one or more tracks between the housing and the lid, and wherein the first set of the one or more followers and the second set of the one or more followers are deployed from the housing when in the open position”. The closest prior art of record to claim Su and SBC is. Su teaches wherein a rear portion of the lid includes a first set of the one or more followers slidably engaging the one or more tracks between the housing and the lid and a front portion of the lid includes a second set of the one or more followers slidable engaging the one or more tracks between the housing and the lid. SBC teaches wherein the first set of the one or more followers are deployed from the housing when in the open position. However, neither Su nor SBC teach wherein the second set of the one or more followers are deployed from the housing when in the open position. No other art was found such that further modification of Su and SBC would have made the claim obvious. Therefore, these limitations, when combined with every other limitation of the claim, distinguish the claims from the prior art. Claims 11 and 13-15 are allowable at least because they depend from allowable claim 10.
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.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Steuernagel (US 1115345 A)
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Miller (US 2590028 A)
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Suyama (US 4811997 A) “vapor produced in the washing tub 15 can be vented through the open rear portion 14 of the cover 3, following a flow path indicated by arrows in FIG. 8, so as not to vent upon the operator standing in front of the dishwasher” column 1, line 67
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Ye (US 20140246418 A1)
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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 LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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 (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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