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 .
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 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
The term “low pressure” in claims 1-3, 5-7, 9, 11-12 is a relative term which renders the claim indefinite. The term “low pressure” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination the “low pressure” air is interpreted as simply “pressurized air”.
Claims 2-12 are rejected on the basis of their dependency on claim 1.
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) 1-4, 6-9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et. al (US 2009/0178575 A1) in view of Shukla et. al (US 4,951,648) and further in view of Szabrak et. al (US 3,721,178).
With respect to claim 1 Baker discloses a gas burner and air supply system, comprising: at least one elongate gas burner element [reference character 1160 in Fig. 11] configured for lateral placement across a gas broiler cooking chamber top [see Fig. 22 for an exemplary of lateral placement of the burners], said gas burner in fluid communication with a fuel supply [reference character 140 in Fig. 3B], and first and second generally linear arrays of fuel outlets [see annotated Fig. below] disposed on opposing sides of said gas burner element through which fuel is output for combustion and to form a flame for cooking; and at least one air plenum [reference character 1130] in fluid communication with a low pressure1 air supply, said at least one air plenum having an underside [reference character 1150] disposed immediately above each gas burner in said system [see Fig. 22], , and at least one outboard array [reference character 1140] of low pressure air outlets disposed above and to an outboard side of each of said gas burners to create a tertiary air supply which in operation creates a downward curtain of pressurized air2 that guides and directs heat from the flames downwardly [see Fig. 11].
Baker does not disclose a primary air supply and that the outlets output fuel and air to form a flame for cooking.
Shukla discloses a tunnel oven which includes a burner [reference characters 22 and 30] which is supplied with fuel [via reference character 70] and air via blower [reference character 88] such that the burner issues both fuel and air.
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Baker by providing a blower to supply air to the burner, such that the fuel and air are premixed, in order to be able to control the mixture ratio of fuel and air supplied to the flame.
Additionally, Baker does not disclose first and second low pressure inboard air outlet arrays, one each disposed above and along each side of said gas burner element, to provide a secondary air supply to the combustion process in addition to said primary air to enhance gas combustion and shape the flame to make it more efficient in a combustion chamber of the broiler cooking.
Shukla discloses first and second air outlet arrays [reference character 42 on either side of burner elements 22 and 30 in Fig. 5] one each disposed along each side of said gas burner element, to provide a secondary air supply to the combustion process in addition to said primary air to enhance gas combustion and shape the flame to make it more efficient in a combustion chamber of the broiler cooking.
It would have been obvious to one of ordinary skill in the art t the time of the filing date of the invention to modify the system taught by Baker by including air outlet arrays on either side of the burner, as taught by Shukla, in order to ensure complete combustion of the fuel issued from the burner and aid in the oxidation of carbonaceous gas a smoke emanating from the cooking food, thereby reducing noxious emissions within the kitchen. Note that in combustion with Baker the air outlet arrays taught by Shulka would be in the underside of the plenum [reference character 1150 of Baker] and would therefore be above the burner, as required by the claim.
Finally, Baker does not disclose that the underside of the plenum is formed as an inverted V-shaped trough.
Szatrak discloses a conveyor oven that includes burners [reference character 32] and a baffle [reference character 36] having an inverted-V shape placed above the burner to “…reflect or radiate heat (rising upwardly from the gas flame) downwardly onto the hamburgers to heat or broil the upper surfaces thereof in a steady even manner” [column 2 line 66-column 3 line 3].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the oven taught by Baker by forming the underside of the plenum in an inverted-V shape to form an inverted V shaped baffle, as taught by Szatrak, in order to “…reflect or radiate heat (rising upwardly from the gas flame) downwardly…to heat or broil the upper surfaces thereof in a steady even manner” [column 2 line 66-column 3 line 3 of Szatrak].
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With respect to claim 2 the combination of Baker, Shukla and Szabrak disclose that the first and second low pressure inboard air outlet arrays are substantially linear [see Fig. 5 of Shukla].
With respect to claim 3 the combination of Baker, Shukla and Szabrak disclose that said first and second low pressure inboard air outlet arrays are generally parallel to one another and on opposing sides of said gas burner element [see Fig. 5 of Shukla].
With respect to claim 4 Baker discloses the said gas burner element is cylindrical and has a diameter [see Fig. 11].
With respect to claim 6 Baker discloses that said at least one outboard array of low-pressure air outlets is generally linear [see Fig. 1B].
With respect to claim 7 Baker discloses that said at least one outboard array of low-pressure air outlets is generally parallel to each of said inboard arrays of low-pressure air outlets [see Fig. 1B of Baker and Fig. 5 of Shukla].
With respect to claim 8 Baker and Szatrak disclose a unitary plenum having a plurality of inverted V- shaped troughs, one each disposed over a gas burner element [see Fig. 21 of Baker].
With respect to claim 9 Baker discloses a plurality of plenums, each of said plenums having first and second outboard arrays of low-pressure air outlets [see Fig. 22].
With respect to claim 11 the combination of Baker, Shukla and Szabrak discloses that said first and second low pressure inboard air outlet arrays are spaced apart from said gas burner element at a distance proportional to the diameter of said gas burner element. The examiner notes that a person having ordinary skill in the art could always define a constant of proportionality between the distance between the air outlet arrays and the burner element and the burner diameter simply by dividing the two terms.
With respect to claim 12 the combination of Baker, Shukla and Szabrak discloses that said first and second low pressure inboard air outlet arrays are spaced apart from said gas burner element at a distance proportional to the pressure under which fuel is expelled from said gas burner element. The examiner notes that a person having ordinary skill in the art could always define a constant of proportionality between the distance between the air outlet arrays and the burner element and the pressure under which fuel is expelled from said gas burner element simply by dividing the two terms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 See 112(b) rejection above.
2 “…[T]he air outlets 1140 are disposed in the bottom side 1150 of the plenum and straddle the sides of the burner 1160, which is disposed proximate the bottom surface 1170 of the bottom side of the plenum. This produces an air curtain 1180 on both sides of the heating element.” [paragraph 0071]