DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie et al. (CN 215001788 U) (hereinafter “Xie”) (see attached original document and translation for reference).
Regarding Claim 1, Xie teaches of a vent cover system (Fig. 1) for an appliance (“oven”) mountable in a countertop opening (opening of “cabinet”) for covering a gap (“the distance between the oven and the wall”) between the appliance (“oven”) and a back wall (“wall”) (see at least pg. 4 and Figs. 1-2, 6), the vent cover system comprising:
a gap plate (100) securable across the countertop opening against the back wall (see at least pg. 4 and Figs. 1-2, 6); and
a vent plate (200) securable across the countertop opening and engaging the gap plate (see at least pg. 4 and Figs. 1-2, 6),
wherein a position of the vent plate is adjustable relative to the gap plate (via elements (300) - see at least pg. 4 and Figs. 1-2, 6), the gap plate and the vent plate covering the gap between the appliance and the back wall (see at least pg. 4 and Figs. 1-2, 6 - “the embodiment can slide chimney cover 200 according to the actual need, so as to adjust the width of the decorative plate assembly, so as to adapt the distance between the oven and the wall, avoiding the decorative plate assembly width too small and cannot cover the gap between the oven and the wall”).
Regarding Clam 2, Xie also teaches of connecting blocks (elements (110) and/or the “mounting position of the cabinet” that is “provided with a threaded hole corresponding to the fixing holes 111”) securable in the countertop opening adjacent the back wall (see at least pg. 4 and Figs. 2-3, 6), wherein the gap plate is secured to the connecting blocks (see at least pg. 4 and Figs. 2-3, 6).
Regarding Clam 3, Xie also teaches that the gap plate comprises alignment tabs (110) that are positioned for alignment with corresponding alignment markings on the appliance (Note that the limitation “for alignment with corresponding alignment markings on the appliance” constitutes and intended use of the claimed apparatus that a prior art apparatus must be merely capable of doing to fulfill and that “alignment markings on the appliance” are not an element of the claimed apparatus. In the instant case, the alignment tabs (110) taught by Xie are positioned such that they are evenly aligned with the oven appliance when installed (as is shown in Fig. 6), and any markings that may be thereon, and are thereby capable of aligning with any “corresponding alignment markings on the appliance” when the appliance is installed (see at least pg. 4 and Fig. 6). Therefore, the alignment tabs (110) are accordingly positioned “for alignment with corresponding alignment markings on the appliance” as claimed.) (see at least pg. 4 and Figs. 1-3, 6).
Regarding Clam 4, Xie also teaches that the gap plate (100) comprises a slot (120) in a side surface (see at least pg. 4 and Figs. 1-3, 6), wherein the vent plate comprises a pillar (300) extending through a side wall (see at least pg. 4 and Figs. 1-3, 6), and wherein the pillar is engaged in the slot (see at least pg. 4 and Figs. 1-3, 6).
Regarding Clam 5, Xie also teaches that the vent plate (200) is securable to the appliance via connectors (“bolt” connectors that cooperate with mounting holes (221)) positioned through the vent plate (see at least pg. 5 and Figs. 1-4, 6).
Regarding Claim 6, Xie also teaches of a gas pressure checking point disposed under the vent plate (the hollow open area underneath element (200) in which gas pressure can be checked as is shown in Figs. 1-2, 4 and 6) (Note that in light of the specification, a “gas pressure checking point” is being interpreted as a location, comprising an open space, in which gas pressure can be checked either directly or indirectly. In the instant case, as is shown in Figs. 1-2, 4 and 6, the hollow open area underneath element (200) constitutes a “gas pressure checking point” in which gas pressure can be checked. Xie accordingly teaches of “of a gas pressure checking point disposed under the vent plate” as claimed. See at least pg. 4 and Figs. 1-2, 4, 6.).
Regarding Clam 7, Xie also teaches that the appliance includes cooking grates (as is shown in Fig. 6), and wherein a height of the vent plate (200) is flush with or lower than a top surface of the cooking grates (vent plate (200) is lower than a top surface of the cooking grates as shown in Fig. 6) (see at least pg. 4 and Fig. 6).
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.
Claims 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Smith (US 4,133,336).
Regarding Claim 8, Xie teaches of a cooktop (Fig. 6) for an appliance (“oven” of Fig. 6) mounted in a countertop (“cabinet”) (see at least pg. 4 and Fig. 6) of a recreational vehicle (Note that the limitation “for an appliance mounted in a countertop of a recreational vehicle” constitutes an intended use of the claimed apparatus that a prior art apparatus must be merely capable of doing to fulfill and that “a recreational vehicle” is not a part of the claimed apparatus. In the instant case, Xie teaches that the appliance is capable of use as an “oven” in any place that can accept an oven (see at least pg. 4 and Fig. 6), which includes a recreational vehicle, and accordingly teaches that the cooktop is “for an appliance mounted in a countertop of a recreational vehicle” as claimed.), the cooktop comprising:
a top tray including a plurality of burners (as is shown in Fig. 6) (see at least pg. 4 and Fig. 6);
a cooking grate positioned on the top tray over the plurality of burners (as is shown in Fig. 6) (see at least pg. 4 and Fig. 6), wherein the top tray includes a recessed area (as is shown in Fig. 6), and wherein the plurality of burners are disposed in the recessed area (as is shown in Fig. 6) and are sized such that a top of the plurality of burners is flush with or below the countertop (see at least pg. 4 and Fig. 6); and
a vent cover system (Fig. 1) positioned in a countertop opening in the countertop (opening of “cabinet”) for covering a gap (“the distance between the oven and the wall”) between the cooktop and a back wall (“wall”) (see at least pg. 4 and Figs. 1-2, 6), the vent cover system including a gap plate (100) securable across the countertop opening against the back wall (see at least pg. 4 and Figs. 1-2, 6), and a vent plate (200) securable across the countertop opening and engaging the gap plate (see at least pg. 4 and Figs. 1-2, 6), wherein a position of the vent plate is adjustable relative to the gap plate (via elements (300) - see at least pg. 4 and Figs. 1-2, 6), the gap plate and the vent plate covering the gap between the cooktop and the back wall (see at least pg. 4 and Figs. 1-2, 6 - “the embodiment can slide chimney cover 200 according to the actual need, so as to adjust the width of the decorative plate assembly, so as to adapt the distance between the oven and the wall, avoiding the decorative plate assembly width too small and cannot cover the gap between the oven and the wall”).
Xie fails to explicitly teach of a plurality of control knobs respectively cooperable with the plurality of burners that selectively connect a heat source to the plurality of burners. However, such configuration is well known in the art.
Smith discloses a relatable stove appliance (Fig. 1) that is mounted in a countertop of a recreational vehicle (“recreational vehicle” that has wall (10) as shown in Fig. 1) and comprises a plurality of gas burners (gas burners comprising elements 26, 28, 30) (see at least Col. 2 lines 25-51 and Fig. 1). Smith teaches of a plurality of control knobs (control knobs comprising “Gas-regulating knobs 108 and 110”) respectively cooperable with the plurality of burners that selectively connect a heat source (“gas”) to the plurality of burners and that such knobs enable a user to control gas flow to the burners (see at least Col. 4 lines 5-10 and Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Xie by configuring the appliance to comprise a plurality of control knobs respectively cooperable with the existing plurality of burners that selectively connect a heat source to the plurality of burners as is taught by Smith. Doing so would have provided a user with means for controlling gas flow to the burners. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 9, Xie also teaches that a front grate bar and side grate bars of the cooking grate are L-shaped (as can be observed in Fig. 6, the cooking grate comprises front and side grate bars that each have at least an L-shaped cross-section) (see at least pg. 4 and Fig. 6).
Regarding Claim 10, Xie also teaches that a rear grate bar of the cooking grate (such as the thin horizontal rear grate bar adjacent to element (200) as shown in Fig. 6) is thinner than the front grate bar (the rear grate bar is thinner than at least the relatively thicker foot portion of the front grate bar as shown in Fig. 6) and defines an airflow passage (as is shown in Fig. 6) (see at least pg. 4 and Fig. 6).
Regarding Claim 11, Xie also teaches that the cooking grate comprises feet that directly engage the top tray (as is shown in Fig. 6), and wherein the feet include tapered legs (as is shown in Fig. 6) (see at least pg. 4 and Fig. 6).
Regarding Clam 12, Xie also teaches of connecting blocks (elements (110) and/or the “mounting position of the cabinet” that is “provided with a threaded hole corresponding to the fixing holes 111”) securable in the countertop opening adjacent the back wall (see at least pg. 4 and Figs. 2-3, 6), wherein the gap plate is secured to the connecting blocks (see at least pg. 4 and Figs. 2-3, 6).
Regarding Clam 13, Xie also teaches that the gap plate comprises alignment tabs (110) that are positioned for alignment with corresponding alignment markings on the appliance (Note that the limitation “for alignment with corresponding alignment markings on the appliance” constitutes and intended use of the claimed apparatus that a prior art apparatus must be merely capable of doing to fulfill and that “alignment markings on the appliance” are not an element of the claimed apparatus. In the instant case, the alignment tabs (110) taught by Xie are positioned such that they are evenly aligned with the oven appliance when installed (as is shown in Fig. 6), and any markings that may be thereon, and are thereby capable of aligning with any “corresponding alignment markings on the appliance” when the appliance is installed (see at least pg. 4 and Fig. 6). Therefore, the alignment tabs (110) are accordingly positioned “for alignment with corresponding alignment markings on the appliance” as claimed.) (see at least pg. 4 and Figs. 1-3, 6).
Regarding Clam 14, Xie also teaches that the gap plate (100) comprises a slot (120) in a side surface (see at least pg. 4 and Figs. 1-3, 6), wherein the vent plate comprises a pillar (300) extending through a side wall (see at least pg. 4 and Figs. 1-3, 6), and wherein the pillar is engaged in the slot (see at least pg. 4 and Figs. 1-3, 6).
Regarding Clam 15, Xie also teaches that the vent plate (200) is securable to the appliance via connectors (“bolt” connectors that cooperate with mounting holes (221)) positioned through the vent plate (see at least pg. 5 and Figs. 1-4, 6).
Regarding Claim 16, Xie also teaches of a gas pressure checking point disposed under the vent plate (the hollow open area underneath element (200) in which gas pressure can be checked as is shown in Figs. 1-2, 4 and 6) (Note that in light of the specification, a “gas pressure checking point” is being interpreted as a location, comprising an open space, in which gas pressure can be checked either directly or indirectly. In the instant case, as is shown in Figs. 1-2, 4 and 6, the hollow open area underneath element (200) constitutes a “gas pressure checking point” in which gas pressure can be checked. Xie accordingly teaches of “of a gas pressure checking point disposed under the vent plate” as claimed. See at least pg. 4 and Figs. 1-2, 4, 6.).
Regarding Clam 17, Xie also teaches that the appliance includes cooking grates (as is shown in Fig. 6), and wherein a height of the vent plate (200) is flush with or lower than a top surface of the cooking grates (vent plate (200) is lower than a top surface of the cooking grates as shown in Fig. 6) (see at least pg. 4 and Fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is considered relevant to this application in terms of structure and use:
Wang (US 2022/0349587 A1)
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/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 12/20/2025
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762