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 Amendment / Status of the Claims
Applicant is thanked for their 4/13/26 response to the Office Action dated 1/13/26. The amendment has been entered and, accordingly:
Claims 1 and 3 are amended.
Claims 1-15 are pending.
Applicant’s amendments to the claims have overcome the previously set forth 112f claim interpretation so that 112f claim interpretation is withdrawn accordingly.
Response to Remarks
Applicant’s remarks with respect to the 103 rejection of claim 1 have been fully considered but are not persuasive.
In response to Applicant's assertion on Pg. 8 of the Remarks that Untranslated does not require high-precision positioning and a stable gap distance, the fact that the inventor has recognized other advantages which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Therefore, the Applicant’s assertion is not persuasive.
Applicant states on Pg. 8 of the Remarks that the inner surface of the first outer sidewall and the outer surface of the first inner sidewall (and likewise for the second sidewalls) are contactable. In response to applicant's statement on Pg. 8 of the Remarks that the inner surface of the first outer sidewall and the outer surface of the first inner sidewall (and likewise for the second sidewalls) are contactable in the present invention, it is noted that the features upon which applicant relies are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). For the purposes of compact prosecution, Examiner notes the court has held that changes in size are not sufficient to patentably distinguish over the prior art. See MPEP 2144.04, Section IV A.
Applicants remarks on Pgs. 9-22 are not persuasive for the same or substantially the same reasons as explained above. However, given amended claim 1 is rejected by Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated) and Sim (US 20010017131 A1), the Applicant’s statements regarding Sim on Pg. 10 are further addressed. Given Untranslated discloses guide portions that each have a guide and Sim discloses it is known for a first outer sidewall, a second outer sidewall, a third inner sidewall, and a fourth inner side wall to be inclined, Arai in view of Untranslated and Sim must necessarily disclose the inclined guides as claimed in order for the guides to provide support for the outer and inner sidewalls of modified Arai. See the prior art rejection section below for more details.
NOTE: Guide portions 24 (as shown in Figs. 6A-B) appear visually different from the prior art of record. Additional limitations directed to the guide portions 24 may help differentiate the claims from the prior art of record. Support 25 (as shown in Figs. 6A-B) also appears to be distinguishing from the prior art of record.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Claim 3 recites the limitation "the heating device" (emphasis added) in lines 2-3 which renders the claim indefinite. There is insufficient antecedent basis for this limitation.
For the purposes of substantiative examination, Examiner interprets the heating device to be the gas burner. This is in light of the Applicant’s as-filed disclosure and the limitation “the heating device is a gas burner” that has been removed from amended claim 3.
Claim 8 recites the limitation "inclined portions" in lines 2 and 4 which renders the claim indefinite. It is unclear if the ‘inclined portions’ recited in lines 2 and 4 are the same or different from the multiple instances of an ‘inclined portion’ recited in claim 1, lines 28-37.
For the purposes of substantiative examination, Examiner interprets the ‘inclined portions’ recited in claim 8 to be the same as the multiple instances of an ‘inclined portion’ recited in claim 1.
Claim 8 recites the limitation "inclined guides" in line 3 which renders the claim indefinite. It is unclear if the ‘inclined guides’ recited in line 3 are the same or different from the multiple instances of an ‘inclined guide’ recited in claim 1, lines 28-37.
For the purposes of substantiative examination, Examiner interprets the ‘inclined guides’ recited in claim 8 to be the same as the multiple instances of an ‘inclined guide’ recited in claim 1.
Examiner kindly requests amendments to the claims for clarification.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated) and Sim (US 20010017131 A1).
Reference is made to the attached Japanese to English machine translation of Arai ‘764.
Reference is also made to the attached Japanese to English machine translation of Untranslated ‘839.
Regarding claim 1, Arai discloses a heating cooker (Par. 0001, roaster) comprising:
an outer casing (Fig. 2, decorative frame 5 and dust collection box 7) provided with a rectangular outer bottom wall (Fig. 7, bottom wall of dust collection box 7, which is a square. Examiner notes a square is a type of rectangle) having an exhaust port (Fig. 7, volume damper connection port 8 and Par. 0029, “(17) is a volume damper connected to the volume damper connection port (8) of the dust collection box (7), and the smoke exhaust air volume can be adjusted by rotating its handle (18)”), and a first outer sidewall (Fig. 2, back sidewall of dust collection box 7), a second outer sidewall (Fig. 2, front sidewall of dust collection box 7), a third outer sidewall (Fig. 2, left sidewall of dust collection box 7), and a fourth outer sidewall (Fig. 2, right sidewall of dust collection box 7), said outer sidewalls rising from the four sides of the outer bottom wall (Fig. 2);
an inner casing (Fig. 2, water tank 41 and heat transmitting plate 12) provided with an inner bottom wall that is rectangular (Fig. 7, bottom wall of heat transmitting plate 12, which is a square. Examiner notes a square is a type of rectangle) and has a flat upper surface (Figs. 2 and 20, receiving flange 43), and a first inner sidewall (Fig. 2, back sidewall of heat transmitting plate 12), a second inner sidewall (Fig. 2, front sidewall of heat transmitting plate 12), a third inner sidewall (Fig. 2, left sidewall of heat transmitting plate 12), and a fourth inner sidewall (Fig. 2, right sidewall of heat transmitting plate 12), said inner sidewalls rising from the four sides of the inner bottom wall (Fig. 2), the inner casing being disposed inside the outer casing (Figs. 18 and 20);
a heating device (Fig. 20, gas burner B. Examiner notes gas burner B is equivalent to the “gas burner” and its equivalents described in the Claim Interpretation section above); and
a top cover (Figs. 2 and 20, intake cylinder 44) having an intake hole (Fig. 2, intake holes 45) in communication with the exhaust port (Par. 0042, which discloses intake holes 45 are in communication with volume damper 17. Examiner notes volume damper 17 is connected with volume damper connection port 8 (i.e., exhaust port) per Par. 0029), the top cover being disposed above the outer casing and the inner casing (Figs. 2 and 20), wherein
the first outer sidewall faces the first inner sidewall (Figs. 2 and 20),
the second outer sidewall faces the second inner sidewall (Figs. 2 and 20),
the third outer sidewall faces the third inner sidewall (Figs. 2 and 20),
the fourth outer sidewall faces the fourth inner sidewall (Figs. 2 and 20).
However, Arai does not explicitly disclose a size of a gap between an inner surface of the first outer sidewall and an outer surface of the first inner sidewall and a size of a gap between an inner surface of the second outer sidewall and an outer surface of the second inner sidewall, are smaller than a size of a gap between an inner surface of the third outer sidewall and an outer surface of the third inner sidewall and a size of a gap between an inner surface of the fourth outer sidewall and an outer surface of the fourth inner sidewall and
wherein the inner surface of the first outer sidewall and the inner surface of the second outer sidewall are each provided with two guide portions each having an inclined guide,
one of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall,
the other of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall,
one of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall,
the other of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall.
NOTE: Arai discloses the gap between the water tank 41 (i.e., inner casing) and decorative frame 5 (i.e., outer casing) functions as an intake passage for smoke exhaust (Par. 0013). In addition, Fig. 20 appears to show the gap between the sidewalls defining the left instance of intake passage P has a smaller size than the gap between the sidewalls defining the right instance of intake passage P.
Untranslated discloses a barbecue grill (Par. 0001) similar to the present invention and Untranslated further discloses it is known for a size of a gap (annotated Fig. A, size of first gap) between an inner surface of a first outer sidewall (Fig. 2, inner surface of back sidewall of vertical outer wall 2) and an outer surface of a first inner sidewall (Fig. 2, outer surface of back sidewall of solid fuel basket 6) and a size of a gap (annotated Fig. A, size of second gap) between an inner surface of a second outer sidewall (Fig. 2, inner surface of front sidewall of vertical outer wall 2) and an outer surface of a second inner sidewall (Fig. 2, outer surface of front sidewall of solid fuel basket 6), are smaller than a size of a gap (annotated Fig. A, size of third gap) between an inner surface of a third outer sidewall (Fig. 2, inner surface of left sidewall of vertical outer wall 2) and an outer surface of a third inner sidewall (Fig. 2, outer surface of left sidewall of solid fuel basket 6) and a size of a gap (annotated Fig. A, size of fourth gap) between an inner surface of a fourth outer sidewall (Fig. 2, inner surface of right sidewall of vertical outer wall 2) and an outer surface of a fourth inner sidewall (Fig. 2, outer surface of right sidewall of solid fuel basket 6),
wherein the inner surface of the first outer sidewall (Fig. 2, inner surface of back sidewall of vertical outer wall 2) and the inner surface of the second outer sidewall (Fig. 2, inner surface of front sidewall of vertical outer wall 2) are each provided with two guide portions (annotated Fig. B, guide portions. A guide is designed to lead or direct something’s way, therefore the structures identified in Fig. B are guide portions because they lead or direct solid fuel basket 6 into position) each having an guide (annotated Fig. B, vertical portions of the guide portions, which are shown with dashed lines),
one of the guides of the guide portions provided to the first outer sidewall (Fig. 2, left instance of guide portion that is on the inner surface of back sidewall of vertical outer wall 2) makes contact with a portion (Fig. 2, bottom end of left sidewall of solid fuel basket 6) provided on the outer surface of the third inner sidewall (Fig. 2, left sidewall of solid fuel basket 6),
the other of the guides of the guide portions provided to the first outer sidewall (Fig. 2, right instance of guide portion that is on the inner surface of back sidewall of vertical outer wall 2) makes contact with a portion (Fig. 2, bottom end of right sidewall of solid fuel basket 6) provided on the outer surface of the fourth inner sidewall (Fig. 2, right sidewall of solid fuel basket 6),
one of the guides of the guide portions provided to the second outer sidewall (Fig. 2, left instance of guide portion that is on the inner surface of front sidewall of vertical outer wall 2) makes contact with a portion (Fig. 2, bottom end of left sidewall of solid fuel basket 6) provided on the outer surface of the third inner sidewall (Fig. 2, left sidewall of solid fuel basket 6),
the other of the guides of the guide portions provided to the second outer sidewall (Fig. 2, right instance of guide portion that is on the inner surface of front sidewall of vertical outer wall 2) makes contact with a portion (Fig. 2, bottom end of right sidewall of solid fuel basket 6) provided on the outer surface of the fourth inner sidewall (Fig. 2, right sidewall of solid fuel basket 6).
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Fig. A: Annotated copy of Fig. 5 from Untranslated showing location of prior art elements.
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Fig. B: Annotated copy of Fig. 2 from Untranslated showing location of prior art elements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have suitably modified the heating cooker of Arai with
1) the gaps between the sidewalls as disclosed by Untranslated and
2) the guide portions and inclined guides as disclosed by Untranslated
in order to
1) have a size of a gap between an inner surface of the first outer sidewall and an outer surface of the first inner sidewall and a size of a gap between an inner surface of the second outer sidewall and an outer surface of the second inner sidewall, are smaller than a size of a gap between an inner surface of the third outer sidewall and an outer surface of the third inner sidewall and a size of a gap between an inner surface of the fourth outer sidewall and an outer surface of the fourth inner sidewall and
2) have the inner surface of the first outer sidewall and the inner surface of the second outer sidewall are each provided with two guide portions each having an guide, one of the guides of the guide portions provided to the first outer sidewall makes contact with an inclined provided on the outer surface of the third inner sidewall, the other of the guides of the guide portions provided to the first outer sidewall makes contact with an portion provided on the outer surface of the fourth inner sidewall, one of the guides of the guide portions provided to the second outer sidewall makes contact with an portion provided on the outer surface of the third inner sidewall, the other of the guides of the guide portions provided to the second outer sidewall makes contact with an portion provided on the outer surface of the fourth inner sidewall
and thereby
1) increase the velocity of the exhaust flow flowing through the third and fourth gaps for more effective smoke ventilation and
2) increase the reliability of the heating cooker by increasing support for the inner casing.
To the extent that the Applicant disagrees with 1), Examiner notes that changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed element were significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). In this case, the applicant has not provided any significance to the shape of the outer and inner casings. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape of the outer and inner casings to be rectangular.
However, Arai, as modified above, does not disclose wherein the inner surface of the first outer sidewall and the inner surface of the second outer sidewall are each provided with two guide portions each having an inclined guide,
one of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall,
the other of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall,
one of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall,
the other of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall.
Sim discloses a charcoal cooker (Abstract) similar to the present invention and Sim further discloses it is known for a first outer sidewall (Figs. 3 and 7, longitudinal sidewall 22), a second outer sidewall (Figs. 3 and 7, longitudinal sidewall 23), a third inner sidewall (Figs. 11-13, left side wall of inner dish 100) and a fourth inner sidewall (Figs. 11-13, right side wall of inner dish 100) to be inclined (Figs. 11-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, with the inclined inner and outer sidewalls as disclosed by Sim so the inner surface of the first outer sidewall and the inner surface of the second outer sidewall are each provided with two guide portions each having an inclined guide, one of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall, the other of the inclined guides of the guide portions provided to the first outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall, one of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the third inner sidewall, the other of the inclined guides of the guide portions provided to the second outer sidewall makes contact with an inclined portion provided on the outer surface of the fourth inner sidewall for more effective smoke ventilation.
To the extent the Applicant disagrees, then the Examiner takes the position that it’s well-known in the art for inner casings to have inclined portions, as indicated by Par. 0039 of Gadams et al. (US 20240142108 A1) referenced in the previous office action. In this case, the inclined portions would provide the predicable benefit of guiding smoke towards the exhaust port and thereby increase the effectiveness of ventilating smoke from Arai’s heating cooker.
Regarding claim 2, Arai, as modified above, discloses the heating cooker according to claim 1.
However, Arai, as modified above, does not disclose the third inner sidewall and the fourth inner sidewall are provided with placement portions configured to have a cooking utensil disposed thereupon.
Sim further discloses it is known for an inner sidewall (Par. 0117, first longitudinal sidewall 22) and another inner sidewall (Par. 0117, second longitudinal sidewall 23) to be provided with placement portions (Par. 0117, projections 27) configured to have a cooking utensil (Par. 0117, inner dish 100) disposed thereupon (Par. 0117, “flange 101 is supported by projections 27 formed on the inner surfaces of the first longitudinal sidewall 22 and the second longitudinal sidewall 23 of the housing 20”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, to have the projections and cooking utensil as disclosed by Sim in order to have the an inner sidewall and another inner sidewall provided with placement portions configured to have a cooking utensil disposed thereupon and thereby allow more food to be cooked simultaneously for greater user convenience and/or to allow food to be cooked at different heights to accommodate a wider range of user preferences.
However, Arai, as modified above, does not disclose the third inner sidewall and the fourth inner sidewall are provided with placement portions configured to have a cooking utensil disposed thereupon.
It would have been an obvious matter of design choice to have the placement portions formed on the third and fourth inner sidewalls since it has been held that the configuration of the claimed element was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed placement portions was significant. MPEP 2144.04 VI-C. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation (i.e. placement portions on the third and fourth inner sidewalls, placement portions on the first and second inner sidewalls. One could have expected the projections to perform substantially equally well, whether on the first and second inner sidewalls or in their original position.
Regarding claim 3, Arai discloses the heating cooker according to claim 1, wherein the heating device is a gas burner (Fig. 20, gas burner B), the heating cooker (Par. 0001, roaster) further comprising a hot plate (Figs. 2 and 20, heat reflecting dish 48. Examiner notes a hot plate is designed to heat items such as food, therefore heat reflecting dish 48 is a ‘hot plate’ because it projects heat onto food. See Par. 0046) above the heating device (Fig. 20).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated) and Sim (US 20010017131 A1) and further in view of Best (US 20090202688 A1).
Regarding claim 4, Arai, as modified above, discloses the heating cooker according to claim 3, wherein the fourth outer sidewall (Figs. 2 and 20, right sidewall of dust collection box 7) and the inner bottom wall (Fig. 7, bottom wall of heat transmitting plate 12) have through-openings (annotated Fig. C) for allowing the gas burner (Fig. 20, gas burner B) to pass therethrough (annotated Fig. C shows the right sidewall of dust collection box 7 (bottom arrow) and right sidewall of heat transmitting plate 12 (top arrow) must necessarily have through-openings for gas burner B to positioned such that it passes through them as shown).
However, Arai, as modified above, does not disclose the second outer sidewall and the second inner sidewall have through-openings for allowing the gas burner to pass therethrough.
Best discloses a cooking device (Par. 0002) similar to the present invention and Best further discloses it is known for a second outer sidewall (Fig. 6, wall 55) and a second inner sidewall (Figs. 2-3, left sidewall of combustion chamber 80) to have through-openings for allowing the gas burner (Figs. 2-3, burner 32 and tubular air injector 62) to pass therethrough (Figs. 2-3 show the wall 55 and the left sidewall of combustion chamber 80 must necessarily have through-openings for burner 32 and tubular air injector 62 to be positioned as shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the through-holes of Arai, as modified above, to be located in the second outer and inner sidewalls as disclosed by Best so the second outer sidewall and the second inner sidewall have through-openings for allowing the gas burner to pass therethrough and thereby have the burner oriented parallel to the longest dimension of the inner and outer casings, so users can cook long, thin foods such as ribs, rather than cutting them up into smaller pieces, for greater user convenience.
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Fig. C: Annotated copy of Fig. 20 from Arai showing location of prior art elements.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated) and Sim (US 20010017131 A1) and further in view of Best (US 20090202688 A1).
Regarding claim 5, Arai, as modified above, discloses the heating cooker according to claim 3, further comprising a gas unit (Arai: Par. 0069, pilot nozzle and gas burner B) including a pilot burner (Par. 0069, pilot nozzle) for igniting the gas burner (Arai: Par. 0069, gas burner B).
However, Arai, as modified above, does not disclose the gas unit is removably attached to an outer surface of the second outer sidewall.
Sim discloses a charcoal cooker (Abstract) similar to the present invention and Sim further discloses it is known for a gas unit (Fig. 2, gas ignitor 50 and gas vessel 200) to be attached to an outer surface of an outer sidewall (Fig. 2, side wall 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gas unit of Arai, as modified above, with the same of Sim in order to have the gas unit attached to an outer surface of an outer sidewall and thereby make the pilot burner easier to clean and maintain.
However, Arai, as modified above, does not disclose the gas unit is removably attached to an outer surface of the second outer sidewall.
Best discloses a cooking device (Par. 0002) similar to the present invention and Best further discloses it is known for a gas unit (Fig. 2, control valve 64) to be attached to an outer surface of the second outer sidewall (Fig. 6, outer surface of wall 55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gas unit of Arai, as modified above, to be attached to an outer surface of the second outer sidewall as disclosed by Best so the burner is oriented parallel to the longest dimension of the inner and outer casings, so users can cook long, thin foods such as ribs, rather than cutting them up into smaller pieces, for greater user convenience.
However, Arai, as modified above, does not explicitly disclose the gas unit is removably attached to an outer surface of the second outer sidewall. Although the reference doesn’t appear to explicitly have any “removable” language, per se, it is the examiner’s position that a comparison between Figures 2 and 3 shows what would imply to one of ordinary skill in the art to be a removable gas unit, i.e. Fig. 2 has gas ignitor 50 attached to side wall 25 and Figs. 3 and 20 has gas ignitor 50 removed from side wall 25.
To the extent the Applicant disagrees, then the Examiner takes the position that it’s well-known in the art to make gas units removable, as indicated by Pg. 15, line 35 - Pg. 16, line 4 of Tapaninaho (GB 2545929 A) referenced in the previous office action. In this case, making the gas unit removable would provide the predicable benefit of easier maintenance and cleaning of Arai’s heating cooker.
Claims 6-8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated), Sim (US 20010017131 A1) and Best (US 20090202688 A1) and further in view of Cusson (CA 2127783 A1).
Regarding claim 6, Arai, as modified above, discloses the heating cooker according to claim 5, further comprising a side cover (Sim: Fig. 2, walls forming gas ignitor 50) attached to the outer surface of the second outer sidewall (Sim: Fig. 2, side wall 25).
However, Arai, as modified above, does not explicitly disclose the pilot burner has a burner hole, the burner hole of the pilot burner being positioned inside the side cover.
Cusson discloses a heating unit that can be transformed into a variety of different cookers, including a barbecue grill unit (Abstract) similar to the present invention and Cusson further discloses it is known for a pilot burner (Fig. 11, pilot unit 144 and Pg. 14, lines 23-24, “flame of pilot unit 114”) to have a burner hole (Fig. 11, combustion air intake ports 118a), the burner hole of the pilot burner being positioned inside a cover (Pg. 5, lines 17-18, “figure 12 is a view at an enlarged scale of the pilot unit appearing in the area circumscribed by arrow 12 in figure 10”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pilot burner of Arai, as modified above, with the same of Cusson so the pilot burner 1) has a burner hole and 2) the burner hole of the pilot burner is positioned a cover and thereby ensure there is sufficient airflow to 1) sustain the flame of the pilot burner (As suggested by Pg. 14, lines 22-24 of Cusson: “combustion air intake ports 118a at its lower portion…for sustaining the flame of pilot unit 114”) and 2) protect the pilot burner from contaminants for increased reliability of the heating cooker.
NOTE: It’s understood that the limitation “the burner hole of the pilot burner being positioned inside the side cover” is necessarily met by modified Arai. To elaborate, Arai teaches the gas unit has a side cover and Cusson teaches the burner holes are positioned in a cover; therefore, the burner holes of modified Arai must necessarily be positioned inside the side cover.
Regarding claim 7, Arai, as modified above, discloses the heating cooker according to claim 6.
However, Arai, as modified above, does not disclose during operation of the heating cooker, a pressure inside the side cover is approximately the same as a pressure in the gap between the inner surface of the second outer sidewall and the outer surface of the second inner sidewall.
Best further discloses a cooking device (Par. 0002) similar to the present invention and Best further discloses it is known for during operation of the heating cooker (Par. 0002, cooking device), a pressure inside a combustion chamber (Par. 0108, “pressure within the combustion chamber 80”) is approximately the same (Par. 0108, “the pressure within the combustion chamber 80 (e.g., immediately under the emitter plate 34 and, therefore, outside of the burner 32) to be approximately equal to (e.g., substantially the same as) the pressure (e.g., ambient atmospheric pressure) in which the combustion chamber 80 is located”) as a pressure in a gap between an inner surface of a second outer sidewall (Fig. 3, inner surface of wall 55) and an outer surface of the second inner sidewall (Fig. 3, outer surface of left sidewall of combustion chamber 80. Par. 0108, “the pressure (e.g., ambient atmospheric pressure) in which the combustion chamber 80 is located” Examiner notes the pressure in which the combustion chamber 80 is located includes the gap between the inner surface of right wall 54 and outer surface of combustion chamber 80 (i.e., pressure in a gap between an inner surface of a second outer sidewall and an outer surface of the second inner sidewall).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, with the approximately equal pressures as disclosed by Best so during operation of the heating cooker, a pressure inside the side cover is approximately the same as a pressure in the gap between the inner surface of the second outer sidewall and the outer surface of the second inner sidewall and thereby encourage increase the reliability of the pilot burner (As suggested by Par. 0108 of Best, “a good distribution of the convective products of combustion 84”) for increased reliability of the heating cooker as whole.
NOTE: It’s understood that the limitation “a pressure inside the side cover is approximately the same as a pressure in the gap between the inner surface of the second outer sidewall and the outer surface of the second inner sidewall” is necessarily met by modified Arai. To elaborate, Arai teaches the side cover has a combustion chamber due to the presence of the pilot burner and Best teaches the pressure inside a combustion chamber is approximately the same as a pressure in a gap between an inner surface of a second outer sidewall and an outer surface of a second inner sidewall; therefore, the a pressure inside the side cover of modified Arai must necessarily be approximately the same as a pressure in the gap between the inner surface of the second outer sidewall and the outer surface of the second inner sidewall.
Regarding claim 8, Arai, as modified above, discloses the heating cooker according to claim 6, wherein a lower portion of the third inner sidewall (Arai: Fig. 2, left sidewall of heat transmitting plate 12) and a lower portion of the fourth inner sidewall (Arai: Fig. 2, right sidewall of heat transmitting plate 12) have inclined portions that are inclined inwardly (Arai: Fig. 2, bottom ends of right and left sidewalls of solid fuel basket 6, as modified by Sim: Figs. 11-13, inclined, lower portion of left side wall of inner dish 100 and inclined, lower portion of right side wall of inner dish 100), and the outer casing (Arai: decorative frame 5 and dust collection box 7) is further provided with inclined guides (Untranslated: annotated Fig. B, vertical portions of the guide portions, as modified by Sim: Figs. 3 and 7, longitudinal sidewalls 22, 23) provided to the inner surface of the second outer sidewall (Arai: Fig. 2, front sidewall of dust collection box 7) for making contact with the inclined portions (Arai: Fig. 2, bottom ends of right and left sidewalls of solid fuel basket 6 as modified by Sim: Figs. 11-13, inclined, lower portion of left side wall of inner dish 100 and inclined, lower portion of right side wall of inner dish 100).
Regarding claim 10, Arai, as modified above, discloses the heating cooker according to claim 6, wherein the size of the gap (annotated Fig. A, size of second gap) between the inner surface of the second outer sidewall (Arai: Fig. 2, front sidewall of dust collection box 7) and the outer surface of the second inner sidewall (Arai: Fig. 2, front sidewall of heat transmitting plate 12) is smaller than the size of the gap (annotated Fig. A, size of first gap) between the inner surface of the first outer sidewall (Fig. 2, back sidewall of dust collection box 7) and the outer surface of the first inner sidewall (Fig. 2, back sidewall of heat transmitting plate 12. Examiner notes the size of the gap between the second outer and inner sidewalls is necessarily smaller than the size of the gap between the first outer and inner sidewalls because of the protrusion of modified Arai that is explained in claim 9).
Regarding claim 11, Arai, as modified above, discloses the heating cooker according to claim 6.
However, Arai, as modified above, does not disclose each of the first inner sidewall and the second inner sidewall has an inner intake opening for taking in air, and the inner casing is further provided with inner splash prevention portions extending diagonally upward and outward from lower edges of the inner intake openings.
Sim further discloses each of the first inner sidewall (Fig. 11, back sidewall of inner dish 100) and the second inner sidewall (Fig. 11, front sidewall of inner dish 100) has an inner intake opening for taking in air (Fig. 11, air inlet 102 and Par. 0117, “At least an air inlet 102 permitting air to flow from outside to inside of the inner dish 100 are formed in the longitudinal sidewalls of the inner dish 100”), and an inner casing (Fig 11, inner dish 100) is further provided with inner splash prevention portions (Fig. 11, eaves 103 and Par. 0117, “the air inlet 102 is covered with the eaves 103 so that the eaves 103 prevent the fallen filth from getting out of the inner dish 100 through the air inlet 102”) extending diagonally upward and outward from lower edges of the inner intake openings (Fig. 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, to have the inner intake openings and splash prevention portions disclosed by Sim so each of the first inner sidewall and the second inner sidewall has an inner intake opening for taking in air, and the inner casing is further provided with inner splash prevention portions extending diagonally upward and outward from lower edges of the inner intake openings and thereby better ensure sufficient airflow for combustion while preventing contaminants from entering the heating cooker (As suggested by Par. 0117 of Sim: “the eaves 103 prevent the fallen filth from getting out of the inner dish 100 through the air inlet 102”) for increased reliability of the heating cooker.
Regarding claim 12, Arai, as modified above, discloses the heating cooker according to claim 11, wherein each of the first inner sidewall (Arai: Fig. 2, back sidewall of heat transmitting plate 12) and the second inner sidewall (Arai: Fig. 2, front sidewall of heat transmitting plate 12) has a pocket (annotated Fig. D. Examiner notes the structure identified in annotated Fig. D is necessarily formed underneath the splash prevention portion of Sim that is explained in claim 11. A pocket is designed to hem in something, therefore the structure identified in annotated Fig. D is a ‘pocket’ because it hems in water and/or other substances underneath the splash prevention portion of Sim and the second inner sidewall, third inner sidewall, and fourth inner sidewall of Arai) below the inner splash prevention portion (Sim: Fig. 11, eaves 103 and Par. 0117, as quoted in claim 11).
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Fig. D: Annotated copy of Fig. 2 from Arai showing location of prior art elements, using the second inner sidewall as an example.
Regarding claim 13, Arai, as modified above, discloses the heating cooker according to claim 12.
However, Arai, as modified above, does not disclose each of the first outer sidewall and the second outer sidewall has an outer intake opening for taking in air, the outer intake openings being provided above the pockets.
Sim further discloses each of the first outer sidewall (Fig. 40, back sidewall of housing 20) and the second outer sidewall (Fig. 40, front sidewall of housing 20) has an outer intake opening for taking in air (Fig 40, air inlets 23a and 22a)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, with the outer intake openings as disclosed by Sim each of the first outer sidewall and the second outer sidewall has an outer intake opening for taking in air and thereby better ensure sufficient airflow for combustion.
It’s understood that the limitation “the outer intake openings being provided above the pockets” is necessarily met by modified Arai. To elaborate, modified Arai teaches pocket is located at the bottom of the inner casing so adding the outer intake openings above the bottom of the inner casing as disclosed by Simi necessarily means the outer intake openings are provided above the pockets.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated), Sim (US 20010017131 A1), Best (US 20090202688 A1), and Cusson (CA 2127783 A1) and further in view of Jung (KR101017640B1).
Reference is made to the attached Japanese to English machine translation of Arai ‘764.
Regarding claim 9, Arai, as modified above, discloses the heating cooker according to claim 6.
However, Arai, as modified above, does not disclose the first outer sidewall has a protrusion protruding toward the second outer sidewall, the protrusion making contact with the outer surface of the first inner sidewall and pushing the inner casing toward the second outer sidewall.
Jung discloses a barbecue device (Abstract) similar to the present invention and Jung further discloses it is known for a first outer sidewall (Fig. 2, back sidewall of body 1) to have a protrusion (Fig. 2, support plate 17) protruding toward a second outer sidewall (Fig. 2, front sidewall of body 1), the protrusion making contact with an outer surface of the first inner sidewall (Fig. 14, outer surface of front sidewall of left instance of charcoal container 3 and Pg. 7, last two lines, which discloses support plate 17 supports the charcoal container 3 on the inside. Examiner notes the reference to charcoal container as element number 2 in this citation appears to be a typo in light of the rest of the specification and Figures) and pushing an inner casing (Fig. 14, left instance of charcoal container 3) toward the second outer sidewall (Figs. 2 and 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating cooker of Arai, as modified above, with the protrusion as disclosed by Jung so the first outer sidewall has a protrusion protruding toward the second outer sidewall, the protrusion making contact with the outer surface of the first inner sidewall and pushing the inner casing toward the second outer sidewall and thereby increase the reliability of the heating cooker by increasing support for the inner casing.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Arai (JP2009247764A) in view of 久田見 et al, (JP6856839B1, hereafter Untranslated), Sim (US 20010017131 A1), Best (US 20090202688 A1) and Cusson (CA 2127783 A1) and further in view of Dahle et al. (US 20190167039 A1, hereafter Dahle).
Regarding claim 14, Arai, as modified above, discloses the heating cooker according to claim 13.
However, Arai, as modified above, does not disclose the outer casing is further provided with outer splash prevention portions extending diagonally upward and outward from lower edges of the outer intake openings.
Dahle discloses an outdoor cooking station (Abstract) similar to the present invention and Dahle further discloses it is known for an outer casing (Fig. 10, griddle 302) to be provided with an outer splash prevention portions (Fig. 10, trough 314) extending diagonally upward and outward from the lower edge of the outer intake opening (Fig. 10 and Par. 0063, “the trough 314 may define a sloped surface 370, sloping downward toward and to the through hole 316” Examiner notes trough 314 extends diagonally upward when the back of griddle 302 is the starting reference point and the front of griddle 302 is the ending reference point.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arai, as modified above, to include the outer splash prevention portion and container portion 410 as disclosed by Dahle so the outer casing is provided with an outer splash prevention portion extending diagonally upward and outward from the lower edge of one of the outer intake openings and thereby remove contaminants (As suggested by Par. 0063 of Dahle: “funnel the grease rearward to the through hole 316”) for increased reliability and/or easier cleaning of the heating cooker.
Arai, as modified above, disclose the claimed invention except for an outer splash prevention portion for each outer intake opening. However, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to optimize and arrive at [the duplicate modification of the outer splash prevention portion, recognizing that an outer splash prevention portion for each outer intake opening is directly correlated to increased reliability and/or easier cleaning of the heating cooker, which is a desirable characteristic, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 VI-B. Please note that in the instant application, the Applicant has not disclosed a new and unexpected result for the claimed limitation.
Regarding claim 15, Arai, as modified above, discloses the heating cooker according to claim 14, wherein the side cover (Sim: Fig. 2, walls forming gas ignitor 50) is provided with an inclined plate inclined diagonally downward (Sim: Fig. 5, bottom wall forming gas ignitor 50 is an inclined plate that is inclined diagonally downward), a tip of the inclined plate (Sim: Fig. 5, right end of the bottom wall forming gas ignitor 50) being positioned above the outer splash prevention portion (Dahle: Fig. 10, trough 314) provided to the second outer sidewall (Arai: Fig. 2, front sidewall of dust collection box 7. Examiner notes Figs. 4-5 show the right end of the bottom wall forming gas ignitor 50 is positioned above air inlet 22a (i.e., outer intake opening). Given the outer splash prevention portion of Dahle originates at the lower edge of the outer intake opening, this necessarily means the right end of the bottom wall forming gas ignitor 50 of Sim (i.e., tip of inclined plate) is positioned above the through 314 (i.e., outer splash prevention portion) of Dahle in modified Arai).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Huruta (WO 2005028321 A1) discloses inclined guides on outer sidewalls with mating inclined portions on inner sidewalls.
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.
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/E.A.L./Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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