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
Claim Interpretation
“Lid heat distributor” such as in claim 21 requires special interpretation. Claim 25 recites “wherein the lid heat distributor is detached from the lid and does not move or pivot upward cooperatively with the lid.” Therefore, “lid heat distributer” cannot and will not be interpreted as necessarily connected to a lid.
Claim Objections
Applicant is advised that should claims 60 and 61 be found allowable, claims 66 and 67 will be objected to under 37 CFR 1.75 as being a substantial duplicates thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 8, 9, 12, 13, 15, and 16 of U.S. Patent No. 11857110. Although the claims at issue are not identical, they are not patentably distinct from each other because the allowed patent claims anticipate the instant claims.
Instant claims
Allowed claims anticipating the instant claims
21, 22
1 and alternately 9
23
2
24
8 and alternately 13
25
15
26
16
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.
Claims 58, 59, and 61 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.
Claims 58 and 59 recite the limitation "the second cooking chamber.” There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the claims will be presumed as depending from claim 56.
Claim 61 depends from claim 70 which does not exist. For the purpose of examination, claim 61 will be presumed as depending from claim 60.
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 55-67 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rast (US 3683791 A), hereinafter Rast.
Regarding claim 55, Rast discloses a method for cooking any kind of food in an express cooking grill, the method comprising:
placing the food on a first grill disposed in a first cooking chamber (“The grills 57 and 58 are adapted to receive the food to be cooked” column 3, line 44), the first cooking chamber having a first plurality of heat distributors disposed therein, the heat distributors being laterally offset from a food splatter area of the cooking chamber (“two pairs of opposed, spaced fireboxes designated 47, 48, 49 and 50” column 3, line 23);
controlling the operation of the first cooking chamber (“The fireboxes 47-50 can be filled with charcoal to provide heat for indirect cooking” column 3, line 26 and “As the apertures 66 and 76 are further opened the amount of oxygen available to the fuel is increased and thereby the rate of combustion and the amount of heat generated are likewise increased. Similarly, as the draft or venting is decreased, the rate of combustion within the unit 10 is decreased” column 4, line 32); and
cooking the food (“indirect cooking” column 3, line 27).
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Regarding claim 56, Rast discloses the method of claim 55, wherein:
the food comprises a plurality of portions, the food placed on the first grill comprises a first portion of the food; and
the method further comprises:
placing a second portion of the food on a second grill disposed in a second cooking chamber, the second cooking chamber having a second plurality of heat distributors disposed therein, the heat distributors offset from a food splatter area of the cooking chamber;
controlling the operation of the second cooking chamber; and
cooking the second portion of the food (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 57, Rast discloses the express cooking grill of claim 56, further comprising a lid heat distributor positioned above and over the first grill and over and above the second grill to receive heat from at least one of the plurality of heat distributors and distribute the heat to the first cooking chamber and the second cooking chamber, the lid heat distributor including a metal surface (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61).
Regarding claim 58, Rast discloses the method of claim 55, wherein controlling the operation of the first cooking chamber and controlling the operation of the second cooking chamber occur independently (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 59, Rast discloses the method of claim 55, wherein controlling the operation of the first cooking chamber and controlling the operation of the second cooking chamber occur together (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 60, Rast discloses a method for cooking any kind of food in an express cooking grill, the method comprising:
cooking the food in any kind of cooking chamber (“a versatile barbeque unit which can be used for preparing food in several selective modes of operation… It is still another object of the invention to provide a barbecue grill capable of cooking the good on both sides simultaneously” column 1, line 24).
Regarding claim 61, Rast discloses the method of claim 70, wherein the cooking chamber is a combined cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 62, Rast discloses a method for cooking any kind of food in an express cooking grill, the method comprising:
placing the food on a first grill disposed in a first cooking chamber and on a second grill disposed in a second cooking chamber (“The grills 57 and 58 are adapted to receive the food to be cooked” column 3, line 44), the first cooking chamber and the second cooking chamber having a respective plurality of heat distributors disposed therein, the heat distributors being laterally offset from a food splatter area of the cooking chamber (“two pairs of opposed, spaced fireboxes designated 47, 48, 49 and 50” column 3, line 23); and
controlling the operation of the first cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 63, Rast discloses the express cooking grill of claim 62, further comprising a lid heat distributor positioned above and over the first grill and over and above the second grill to receive heat from at least one of the plurality of heat distributors and distribute the heat to the first cooking chamber and the second cooking chamber, the lid heat distributor including a metal surface (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61).
Regarding claim 64, Rast discloses the method of claim 62, wherein controlling the operation of the first cooking chamber and controlling the operation of the second cooking chamber occur independently (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 65, Rast discloses the method of claim 62, wherein controlling the operation of the first cooking chamber and controlling the operation of the second cooking chamber occur together (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
Regarding claim 66, Rast discloses a method for cooking any kind of food in an express cooking grill, the method comprising:
cooking the food in any kind of cooking chamber (“a versatile barbeque unit which can be used for preparing food in several selective modes of operation… It is still another object of the invention to provide a barbecue grill capable of cooking the good on both sides simultaneously” column 1, line 24).
Regarding claim 67, Rast discloses the method of claim 66, wherein the cooking chamber is a combined cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing. Moreover, with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 45).
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 21, 23, 25, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Contarino (US 20090090348 A1), hereinafter Contarino, in view of Takada (JP 63247537 A), hereinafter Takada, and further in view of Smart (US 9347673 B1), hereinafter Smart.
Regarding claim 21, Contarino discloses an express cooking grill, comprising:
a housing having a first base and a lid and defining a first cooking chamber therein (“The housing 112 comprises a bottom housing portion 112a and a top housing portion 112b connected to each other by a hinge 114 at the back of the housing 112” paragraph [0019]);
a first grill (“a cooking surface (e.g., a grill) 126” paragraph [0025]); and
a plurality of heat distributors positioned around the first cooking chamber below the first grill, the first grill being disposed in the first cooking chamber (“one or more heating elements, such as flame manifolds 115” paragraph [0019]).
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Contarino does not disclose:
the plurality of heat distributors positioned around a perimeter of the first cooking chamber above and below the first grill;
a lid heat distributor positioned above and over the first grill to receive heat from at least one of the plurality of heat distributors and:
including a metal surface having a first end and a second end; and
being structurally supported by the first end and the second end.
However, Takada teaches:
the plurality of heat distributors positioned around a perimeter of the first cooking chamber above and below the first grill (12, 12’, 13, 13’ and associated structure);
a lid heat distributor positioned above and over the first grill to receive heat from at least one of the plurality of heat distributors including a surface having a first end and a second end (15).
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In view of Takada’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 the arrangement as is taught in Takada, in the express cooking grill disclosed by Contarino because Takada applies heat on both the upper and the under surface of a food. Therefore, including the arrangement of Takada will improve the distribution of heat in Contarino.
Contarino, as modified by Takada, does not disclose the lid heat distributer comprising a metal surface being structurally supported by the first end and the second end.
However, Smart teaches the lid heat distributer comprising a metal surface being structurally supported by the first end and the second end (“The upwardly extending flanges 20, 30 can form oven wall engagement portions” column 4, line 3 and “The convection manipulation device 100 of the present teachings can be made from flexible gauged cooking grade sheet metal” column 4, line 16).
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In view of Smart’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 the heat distributer as is taught in Smart, in the express cooking grill disclosed by Contarino because Smart states “the parabolic arch-shape operates to create a perfect undisrupted convention pattern under the dome that generates consistent and even high-heat temperatures” (column 3, line 43). Therefore, including the heat distributer of Smart will improve consistency and evenness of heat.
Regarding claim 23, Contarino, as modified by Takada and Smart, discloses the express cooking grill of claim 21, further comprising a cooking drawer slidably positionable in the housing (“disposed in the main body 112a of the housing is a sliding drawer 120” paragraph [0021]), the cooking drawer including a drip tray (“the bottom surface 140 serves as a drip pan for the drippings that fall through the cooking surface 126 when food is being cooked” paragraph [0028]).
Regarding claim 25, Contarino, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the lid heat distributor is detached from the lid and does not move or pivot upward cooperatively with the lid (The lid heat distributors of Takada and Smart are not taught as attached to a lid).
Regarding claim 26, Contarino, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the first grill is disposed within the first cooking chamber above at least a portion of the plurality of heat distributors (“the cooking surface 126 is positioned above the flame manifolds” paragraph [0028]. Takada additionally teaches the first grill above a portion of the plurality of heat distributors).
Claims 21, 24, 26-30, 32-35, 48, 50, 53, and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Rast, in view of Takada, and further in view of Smart.
Regarding claim 21, Rast discloses an express cooking grill, comprising:
a housing having a first base and a lid and defining a first cooking chamber therein (“The barbecue unit 10 includes a housing 11 formed with sidewalls 12 and 13, end walls 14 and 16 and a bottom wall or base 17. Each of the walls of 12, 13, 14, 16 and 17 is substantially rectangular in shape forming a chamber, designated 18, therebetween. An arcuately shaped cover 21 is hingedly connected at 22 to the sidewall 13” column 2, line 43);
a first grill (“horizontal grills 57 and 58” column 3, line 36);
a plurality of heat distributors positioned around a perimeter of the first cooking chamber below the first grill, the first grill being disposed in the first cooking chamber (“fireboxes 47-50 can be filled with charcoal to provide heat for indirect cooking” column 3, line 26); and
a lid heat distributor positioned above and over the first grill to receive heat from at least one of the plurality of heat distributors including a metal surface having a first end and a second end (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61).
Rast does not disclose:
the plurality of heat distributors positioned above and below the first grill;
the lid heat distributor being structurally supported by the first end and the second end.
However, Takada teaches the plurality of heat distributors positioned above and below the first grill (12, 12’, 13, 13’ and associated structure).
In view of Takada’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 the arrangement as is taught in Takada, in the express cooking grill disclosed by Rast because Takada applies heat on both the upper and the under surface of a food. Therefore, including the arrangement of Takada will improve the distribution of heat in Rast.
Rast, as modified by Takada does not disclose the lid heat distributor being structurally supported by the first end and the second end.
However, Smart teaches the lid heat distributor being structurally supported by the first end and the second end (“The upwardly extending flanges 20, 30 can form oven wall engagement portions” column 4, line 3).
In view of Smart’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 the heat distributer as is taught in Smart, in the express cooking grill disclosed by Rast because Smart states “the parabolic arch-shape operates to create a perfect undisrupted convention pattern under the dome that generates consistent and even high-heat temperatures” (column 3, line 43). Therefore, including the heat distributer of Smart will improve consistency and evenness of heat.
Regarding claim 24, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the lid heat distributor moves or pivots upward cooperatively with the lid (The lid heat distributor of Rast is connected to the lid).
Regarding claim 26, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the first grill is disposed within the first cooking chamber above at least a portion of the plurality of heat distributors (“the charcoal which is placed in the fireboxes 47-50 is positioned below the grills 57 and 58 so as to supply heat to the bottom side of food placed thereon” column 3, line 58. Takada additionally teaches the first grill above a portion of the plurality of heat distributors).
Regarding claim 27, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the first base defines both the first cooking chamber and a second cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing” column 3, line 45).
Regarding claim 28, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 27, wherein the first cooking chamber and the second cooking chamber are independently operable (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 29, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 27, wherein the first cooking chamber and second cooking chamber are operable together (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 30, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 27, further comprising a second grill disposed in the second chamber (“horizontal grills 57 and 58” column 3, line 36).
Regarding claim 32, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein:
the housing further comprises a second base;
the first base defines the first cooking chamber; and
the second base defines a second cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing” column 3, line 45. The housing may be arbitrarily divided).
Regarding claim 33, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 32, wherein the first cooking chamber and the second cooking chamber are independently operable (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 34, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 32, wherein the first cooking chamber and second cooking chamber are operable together (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 35, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 32, wherein a second grill is disposed within the second cooking chamber (“horizontal grills 57 and 58” column 3, line 36).
Regarding claims 48 and 50, Rast, as modified by Takada, discloses the express cooking grill of claim 43, further comprising a first lid heat distributor positioned above and over the first grill to receive heat from at least one of the plurality of heat distributors and including a first metal surface having a first end and a second end (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61);
a second grill disposed within the second cooking chamber above and below the heat distributors (“horizontal grills 57 and 58” column 3, line 36. Rast has been modified by Takada to possess heat distributors above and below the grill); and
a second lid heat distributor positioned above and over the second grill to receive heat from at least one of the plurality of heat distributors and including a second metal surface having a first end and a second end (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61).
Rast, as modified by Takada, does not disclose the lid heat distributors being structurally supported by the first end and the second end.
However, Smart teaches the lid heat distributor being structurally supported by the first end and the second end (“The upwardly extending flanges 20, 30 can form oven wall engagement portions” column 4, line 3).
In view of Smart’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 the heat distributer as is taught in Smart, in the express cooking grill disclosed by Rast because Smart states “the parabolic arch-shape operates to create a perfect undisrupted convention pattern under the dome that generates consistent and even high-heat temperatures” (column 3, line 43). Therefore, including the heat distributer of Smart will improve consistency and evenness of heat.
Regarding claim 53, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 48, wherein the lid heat distributor moves or pivots upward cooperatively with the lid (The lid heat distributor of Rast is connected to the lid).
Regarding claim 54, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 48.
Smart further teaches wherein the lid heat distributor is detached from the lid and does not move or pivot upward cooperatively with the lid (The distributor of Smart does not cooperate with a lid).
In view of Smart’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 lid heat distributor is detached from the lid and does not move or pivot upward cooperatively with the lid as is taught in Smart, in the express cooking grill disclosed by Rast because having the distributor remain in place while the lid of Rast is moved will retain the benefits of the distributor regardless of the lid position.
Claims 22, 49, and 51 are rejected under 35 U.S.C. 103 as being unpatentable over Rast, in view of Takada, in view of Smart, and further in view of Ducate (US 7021201 B1), hereinafter Ducate.
Regarding claim 22, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 21, wherein the metal surface has a curved portion between the first end and the second end to facilitate heat flow (Figure 5 of Rast. Also taught by Smart).
Rast, as modified by Takada and Smart, does not disclose wherein the first end and the second end are structurally supported by at least two of the plurality of heat distributors.
However, Ducate teaches wherein the end is structurally supported by the heat distributor (“the baffle assembly 32 is made up of a reflector shield 40, two side brackets 42 and a front support 44 that together form a channel for delivering hot exhaust gases from burner 4. In the preferred embodiment, the reflector shield 40 is made of stamped stainless steel sheet or roll stock formed to have multiple, substantially triangular corrugations 50 (shown on FIG. 4) running parallel to the food holder 8. The grill housing 28 has lances 60 (shown on FIG. 5) attached thereon to receive and support the reflector shield 40” column 4, line 64).
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In view of Ducate’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 end is structurally supported by the heat distributor as is taught in Ducate, in the express cooking grill as presently modified because including physical support for the end of the lid heat distributor will improve physical support of the lid heat distributor. The examiner notes that the express cooking grill as modified has two side heat distributors and a lid heat distributor having two ends. The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, duplicating the support taught by Ducate for the opposing side of the lid heat distributor would have likewise been obvious.
Regarding claims 49 and 51, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 48, wherein the first metal surface has a curved portion between the first end and the second end to facilitate heat flow; and
the second metal surface has a curved portion between the first end and the second end to facilitate heat flow (Figure 5 of Rast. Also taught by Smart).
Rast, as modified by Takada and Smart, does not disclose the first end and the second end are structurally supported by at least two of the plurality of heat distributors.
However, Ducate teaches wherein the end is structurally supported by the heat distributor (“the baffle assembly 32 is made up of a reflector shield 40, two side brackets 42 and a front support 44 that together form a channel for delivering hot exhaust gases from burner 4. In the preferred embodiment, the reflector shield 40 is made of stamped stainless steel sheet or roll stock formed to have multiple, substantially triangular corrugations 50 (shown on FIG. 4) running parallel to the food holder 8. The grill housing 28 has lances 60 (shown on FIG. 5) attached thereon to receive and support the reflector shield 40” column 4, line 64).
In view of Ducate’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 end is structurally supported by the heat distributor as is taught in Ducate, in the express cooking grill as presently modified because including physical support for the end of the lid heat distributor will improve physical support of the lid heat distributor. The examiner notes that the express cooking grill as modified has two side heat distributors and a lid heat distributor having two ends. The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, duplicating the support taught by Ducate for the opposing side of the lid heat distributor would have likewise been obvious.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Rast, in view of Takada, in view of Smart, and further in view of Iverson (US 4515074 A), hereinafter Iverson.
Regarding claim 31, Rast, as modified by Takada and Smart, discloses the express cooking grill of claim 27.
Rast, as modified by Takada and Smart, does not disclose wherein the first grill is disposed within the second cooking chamber as well as the first cooking chamber.
However, Iverson teaches wherein the first grill is disposed within the second cooking section as well as the first cooking section (“The two grill support members are disposed on either side of the interior face of the panel 40 in registration so that a single grill member may be received across both grill supports; alternatively, half-sized grills having a dimension approximately the same as each of the segmented portions of the coal well might be utilized” column 4, line 31).
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In view of Iverson’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 a single grill as is taught in Iverson, in the express cooking grill disclosed by Rast because the court has held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). Iverson shows that one or two piece construction of the grill is contemplated by the prior art and is a matter of engineering choice.
Claims 36, 37, and 39-47 are rejected under 35 U.S.C. 103 as being unpatentable over Rast, in view of Takada.
Regarding claim 36, Rast discloses an express cooking grill, comprising:
a housing having a first base and a lid, the housing defining a first cooking chamber and a second cooking chamber therein (“The barbecue unit 10 includes a housing 11 formed with sidewalls 12 and 13, end walls 14 and 16 and a bottom wall or base 17. Each of the walls of 12, 13, 14, 16 and 17 is substantially rectangular in shape forming a chamber, designated 18, therebetween. An arcuately shaped cover 21 is hingedly connected at 22 to the sidewall 13” column 2, line 43);
a first grill disposed within the first cooking chamber (“horizontal grills 57 and 58” column 3, line 36); and
a plurality of heat distributors positioned around a perimeter of the first cooking chamber below the grill and around a perimeter of the second cooking chamber (“fireboxes 47-50 can be filled with charcoal to provide heat for indirect cooking” column 3, line 26).
Rast does not disclose the plurality of heat distributors positioned above and below the grill.
However, Takada teaches the plurality of heat distributors positioned above and below the grill (12, 12’, 13, 13’ and associated structure).
In view of Takada’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 the arrangement as is taught in Takada, in the express cooking grill disclosed by Rast because Takada applies heat on both the upper and the under surface of a food. Therefore, including the arrangement of Takada will improve the distribution of heat in Rast.
Regarding claim 37, Rast, as modified by Takada, discloses the express cooking grill of claim 36, wherein the first base defines both the first cooking chamber and the second cooking chamber (Figure 4).
Regarding claim 39, Rast, as modified by Takada, discloses the express cooking grill of claim 37, further comprising a second grill disposed within the second cooking chamber above and below the heat distributors (“horizontal grills 57 and 58” column 3, line 36. Rast has been modified by Takada to possess heat distributors above and below the grill).
Regarding claim 40, Rast, as modified by Takada, discloses the express cooking grill of claim 37, further comprising a lid heat distributor positioned above and over the first grill and over and above the second grill to receive heat from at least one of the plurality of heat distributors and distribute the heat to the first cooking chamber and the second cooking chamber, the lid heat distributor including a metal surface (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved straps 62” column 3, line 61).
Regarding claim 41, Rast, as modified by Takada, discloses the express cooking grill of claim 37, wherein the first cooking chamber and the second cooking chamber are independently operable (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 42, Rast, as modified by Takada, discloses the express cooking grill of claim 37, wherein the first cooking chamber and second cooking chamber are operable together (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 43, Rast, as modified by Takada, discloses the express cooking grill of claim 36, wherein:
the housing further comprises a second base;
the first base defines the first cooking chamber; and
the second base defines a second cooking chamber (“When it is desired to use only one of the grills 57 or 58 a removable wall or divider 59 may be inserted therebetween to form two separate and substantially identical cooking compartments or zones within the housing” column 3, line 45. The housing may be arbitrarily divided).
Regarding claim 44, Rast, as modified by Takada, discloses the express cooking grill of claim 43, wherein the first cooking chamber and the second cooking chamber are independently operable (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 45, Rast, as modified by Takada, discloses the express cooking grill of claim 43, wherein the first cooking chamber and second cooking chamber are operable together (“with the divider 59 in place the two grill assemblies may be used separately for different purposes. For example, direct heating can be effected in one zone and indirect heating in the other. Of course, if it is desired to cook a large piece of meat such as a side of beef, a pig or the like, the divider 59 may be removed in which case the housing 11 forms a single cooking compartment and the two grill assemblies function as a single unit” column 3, line 50).
Regarding claim 46, Rast, as modified by Takada, discloses the express cooking grill of claim 43, wherein a second grill is disposed within the second cooking chamber above and below the heat distributors (“horizontal grills 57 and 58” column 3, line 36. Rast has been modified by Takada to possess heat distributors above and below the grill).
Regarding claim 47, Rast, as modified by Takada, discloses the express cooking grill of claim 46, further comprising a lid heat distributor positioned above and over the first grill and over and above the second grill to receive heat from at least one of the plurality of heat distributors and distribute the heat to the first cooking chamber and the second cooking chamber, the lid heat distributor including a metal surface (“Radiant heat also emanates upwardly against the inside surface of the cover 21. This radiant heat is redirected or reflected downwardly onto the upper surface of the grills 57 and 58 and any food positioned thereon by placing a reflective material, such as aluminum foil, on the inside of the cover 21. The foil can be held against the upper surface of the cover 21 by four curved st