Prosecution Insights
Last updated: April 19, 2026
Application No. 18/494,590

CONVECTION CONVEYOR OVEN MANIFOLD AND DAMPER SYSTEM

Non-Final OA §102§103
Filed
Oct 25, 2023
Examiner
SAVANI, AVINASH A
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Middleby Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
970 granted / 1305 resolved
+4.3% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
32 currently pending
Career history
1337
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
28.2%
-11.8% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1305 resolved cases

Office Action

§102 §103
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 . 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. 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. Claim(s) 1, 8, 10, 12, 14, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Specht et al [7494337]. With respect to claim 1, Specht discloses: A gas manifold comprising: a housing having an interior volume, wherein the interior volume defines a first chamber and a second chamber, wherein each of the first chamber and the second chamber is positioned between a first end and a second opposite end of the interior volume [see FIG 2B]; a gas inlet in the housing and in fluid communication with a gas supply and the first chamber; a valve (28) in fluid communication with the first chamber and the second chamber, wherein the valve is operable to selectively control a flow of gas from the first chamber to the second chamber [col 3, line 4-9]; and a plurality of gas outlets (24, 25) in the housing and in fluid communication with the interior volume, the gas outlets spaced along the housing, and wherein at least one of the gas outlets is positioned to discharge gas from the first chamber and at least another of the gas outlets is positioned to discharge gas from the second chamber [see FIG 2A, reproduced below, col 4, line 10-47]. Specht further discloses: {cl. 8} The gas manifold of claim 1, wherein the housing has a longitudinal axis and a length, wherein the entire length of the housing extends in a direction parallel to the longitudinal axis [see FIG 2A] With respect to claim 10, Specht discloses: A gas manifold comprising: a housing having an interior volume [see FIG 2B], wherein the interior volume defines a longitudinal axis between a first end and a second opposite end of the interior volume, wherein the interior volume also defines a first chamber and a second chamber [see reproduced FIG 2A below], wherein each of the first chamber and the second chamber is positioned along the longitudinal axis and between the first end and the second opposite end of the interior volume [see FIG 2A]; a first gas inlet in the housing and in fluid communication with a gas supply and the first chamber; a second gas inlet in the housing and in fluid communication with the gas supply and the second chamber, a first valve (28) operable to selectively control a flow of gas from the gas supply to the first chamber and the second chamber [col 3, line 4-9]; a second valve (26 or 27) downstream from the first valve and operable to selectively control the flow of gas from the first valve to the second chamber; and a plurality of gas outlets (24, 25) in the housing and in fluid communication with the interior volume and spaced along the housing, wherein at least one of the gas outlets is positioned to discharge gas from the first chamber and at least another of the gas outlets is positioned to discharge gas from the second chamber [see FIG 2A, reproduced below, col 4, line 10-47]. With respect to claim 12, Specht discloses: A gas manifold comprising: a housing having an interior volume [see FIG 2B], wherein the interior volume defines a first chamber and a second chamber, wherein each of the first chamber and the second chamber is positioned between a first end and a second opposite end of the interior volume [see reproduced FIG 2A below]; a gas inlet in the housing and in fluid communication with a gas supply and the first chamber; a valve (28) operable to selectively control a flow of gas from the first chamber to the second chamber [col 3, line 4-9]; a first conduit and a second conduit, the first conduit in fluid communication with the first chamber and an inlet of the valve and the second conduit in fluid communication with an outlet of the valve and the second chamber; and a plurality of gas outlets (24, 25) in the housing and in fluid communication with the interior volume and spaced along the housing, and wherein at least one of the gas outlets is positioned to discharge gas from the first chamber and at least another of the gas outlets is positioned to discharge gas from the second chamber [see FIG 2A, reproduced below, col 4, line 10-47]. With respect to claim 14, Specht discloses: A gas manifold comprising: a housing having an interior volume, wherein the interior volume defines a longitudinal axis between a first end and a second opposite end of the interior volume [see FIG 2B], wherein the interior volume also defines a first chamber and a second chamber, wherein each of the first chamber and the second chamber extends along the longitudinal axis and is positioned between the first end and the second opposite end of the interior volume, wherein the second chamber is downstream from and in selective fluid communication with the first chamber [col 3, line 4-9]; a gas inlet in the housing and in fluid communication with a gas supply and the first chamber; a valve (28) operable to selectively control a flow of gas from the gas supply to the first chamber; and a plurality of gas outlets (24, 25) in the housing and in fluid communication with the interior volume and spaced along the housing, wherein at least one of the gas outlets is positioned to discharge gas from the first chamber and at least another of the gas outlets is positioned to discharge gas from the second chamber [see FIG 2A, reproduced below, col 4, line 10-47]. Specht further discloses: {cl. 19} The gas manifold of claim 14, wherein the housing comprises an integral wall that defines the interior volume [see FIG 2B]. {cl. 20} The gas manifold of claim 19, wherein all of the gas outlets of the plurality of gas outlets are positioned along the integral wall [see FIG 2B]. PNG media_image1.png 566 794 media_image1.png Greyscale 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. Claim(s) 2-7, 9, 11, 13 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Specht et al [7494337], further in view of Gum [20100001087]. With respect to claims 2-7, 9, 11, 13 and 15-20, Specht discloses the invention as substantially claimed, however does not provide specifics of the valve arrangements. Gum makes up for these deficiencies by teaching: {cl. 2} The gas manifold of claim 1, wherein the valve is a shut off valve [paragraph 0030]. {cl. 3} The gas manifold of claim 1, wherein the valve is a variable flow valve [paragraph 0030]. {cl. 4} The gas manifold of claim 1, wherein the valve is a first valve (22), and further comprising a second valve (24) operable to control a flow of gas through the gas inlet to the first chamber [paragraph 0030]. {cl. 5} The gas manifold of claim 4, wherein the second valve is a variable flow valve [paragraph 0030]. {cl. 6} The gas manifold of claim 4, wherein the each of the first valve and the second valve is positioned external to the housing [see FIG 3]. {cl. 7} The gas manifold of claim 1, further comprising a first conduit (28) and a second conduit (up to element 30), the first conduit in fluid communication with the first chamber and an inlet of the valve and the second conduit in fluid communication with an outlet of the valve and the second chamber [paragraph 0033]. {cl. 9} The gas manifold of claim 1, wherein the valve is positioned external to the housing [see FIG 3]. {cl. 11} The gas manifold of claim 10, wherein the first valve is a variable flow valve and the second valve is a shut off valve [paragraph 0030]. {cl. 13} The gas manifold of claim 12, wherein the valve is positioned external to the housing [see FIG 3]. {cl. 15} The gas manifold of claim 14, wherein the valve is a first valve, and further comprising a second valve operable to control a flow of gas from the first chamber to the second chamber [paragraph 0030-0033]. {cl. 16} The gas manifold of claim 15, wherein the second valve is positioned external to the housing [see FIG 3] {cl. 17 taught by Specht} The gas manifold of claim 15, wherein the second valve is positioned within the housing [see FIG 2B of Specht]. {cl. 18} The gas manifold of claim 15, wherein the second valve has a first position in which all of the plurality of gas outlets are in fluid communication with the gas inlet and a second position in which at least one of the gas outlets of the plurality of gas outlets is not in fluid communication with the gas inlet [see FIG 3, paragraph 0030-0033]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the invention of Specht with the teachings of Gum because the arrangement of Gum’s valve allows a user for precise temperatures control. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AVINASH A SAVANI/Primary Examiner, Art Unit 3762 2/26/2026
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Feb 26, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
95%
With Interview (+20.9%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 1305 resolved cases by this examiner. Grant probability derived from career allow rate.

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