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 § 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 16 is 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.
Claim 16 recites the limitation "the heating element" in line 15. There is insufficient antecedent basis for this limitation in the claim.
The claim is considered indefinite because it is unclear if the hot surface igniter and the heating element are separate or the same component. In paragraph 0023 it is implied that the components are the same according to the excerpt “The fuel source hopper 106 may include a basket area 110, a fire starter tray 112, a heating element such as a hot surface igniter 114, and a fan 116. The claim will be interpreted in accordance with paragraph 0023.
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, 4, 6, 10 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hodges et al [20210278087].
With respect to claim 1, Hodges discloses: A method for automatically igniting fuel within a fuel source hopper of a grill, the method comprising: receiving, with a controller (13), an indication from a user to initiate an ignition sequence [paragraph 0034]; controlling, with the controller, based on the indication from the user, a heating element (19) of the fuel source hopper to be active for a defined period of time, wherein the heating element is configured to ignite a starter block (18) within the fuel source hopper that is positioned to ignite fuel within the fuel source hopper [paragraph 0035]; and controlling, with the processor, based on the indication from the user, a fan (23) of the fuel source hopper that is configured to provide an airflow to an area where the starter block ignites fuel within the fuel source hopper [paragraph 0033].
Hodges further discloses:
{cl. 4} The method of claim 1, wherein the heating element (19) comprises a hot surface igniter [paragraph 0034].
With respect to claim 6, Hodges discloses: A system for automatically igniting fuel within a fuel source hopper of a grill, the system comprising: a fuel source hopper comprising: a basket (2) configured to hold a stack of fuel [paragraph 0032]; a fire starter tray (17) positioned beneath the stack of fuel within the fuel source hopper and configured to hold a starter block, wherein when the starter block is ignited, the positioning of the starter block within the fire starter tray is configured to ignite the stack of fuel in the basket [paragraph 0033]; a heating element (19) configured to ignite the starter block within the fire starter tray when the heating element is activated; and a fan (23) configured to provide an airflow to an area beneath the stack of fuel where the starter block in the fire starter tray ignites the stack of fuel in the basket; a display and user controls configured to receive information from a user [paragraph 0042]; and a controller (13) in communication with the display and user controls and in communication with the heating element and the fan of the fuel source hopper, wherein the controller is configured to operate the heating element and the fan to automatically ignite the stack of fuel within the fuel source hopper based on information received from the user via the display and user controls [paragraph 0033-0034].
Hodges further discloses:
{cl. 10} The system of claim 6, wherein to operate the heating element and the fan to automatically ignite the fuel within the fuel source hopper based on information received from the user and the display and user controls (13), the controller is configured to: receive, via the display (29) and user controls, an indication from the user to initiate an ignition sequence; receive, via the display and user controls, an indication from the user of a desired temperature; control the heating element of the fuel source hopper to be active for a defined period of time; and control the fan of the fuel source hopper to provide the airflow to the area beneath the stack of fuel where the starter block in the fire starter tray ignites the stack of fuel in the basket [paragraph 0041].
With respect to claim 16, Hodges discloses: A system for automatically igniting charcoal within a charcoal hopper of a grill, the system comprising: a charcoal hopper comprising: a basket (2) configured to hold a stack of charcoal [paragraph 0032]; a fire starter tray (17) positioned beneath the stack of charcoal within the charcoal hopper and configured to hold a starter block, wherein when the starter block is ignited, the positioning of the starter block within the fire starter tray is configured to ignite the stack of charcoal in the basket [paragraph 0033]; a hot surface igniter (19) configured to ignite the starter block within the fire starter tray when the hot surface igniter is activated [paragraph 0035]; and a fan (23) configured to provide an airflow to an area beneath the stack of charcoal where the starter block in the fire starter tray ignites the stack of fuel in the basket; a display and user controls configured to receive information from a user [paragraph 0042]; and a controller 913) in communication with the display and user controls and in communication with the heating element and the fan of the fuel source hopper, wherein the controller is configured to: receive, via the display and user controls, an indication from the user to initiate an ignition sequence and a desired temperature [paragraph 0030]; control the heating element of the charcoal hopper to be active for a defined period of time based on the indication from the user; and control the fan of the charcoal hopper, based on the indication from the user, to provide the airflow to the area beneath the stack of charcoal where the starter block in the fire starter tray ignites the stack of charcoal in the basket [paragraph 0034-0035].
Examiner’s Note: Regarding claims 1, 6 and 16, since the claims only require the hopper to hold the fuel source, and does not imply feeding fuel with a hopper which is commonly known as the function of a hopper, Hodges anticipates the claims with regard to the system limitations, and all structural limitations recited in the claim is seen in Hodges, because the system is only responsive to the fuel already in the combustion area.
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, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al [20210278087], further in view of French et al [20090184103].
With respect to claims 2 and 11, Hodges discloses the invention as substantially claimed, however does not show the control features as further claimed.
French makes up for these deficiencies by teaching:
{cl. 2} The method of claim 1, wherein controlling the fan of the fuel source hopper comprises: controlling, with the controller, the fan to run at a first power level for a first period of time; and controlling, with the controller, the fan to run at a second power level for a second period of time; wherein the second period of time occurs after expiration of the first period of time and the first power level is different than the second power level [paragraph 0030].
{cl. 11} The system of claim 10, wherein to control the fan of the fuel source hopper, the controller is configured to: control the fan to run at a first power level for a first period of time; and control the fan to run at a second power level for a second period of time; wherein the second period of time occurs after expiration of the first period of time and the first power level is different than the second power level [paragraph 0030].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Hodges with the teachings of French because French provides a known control feature capable of maintaining a desired heat with minimal power consumption.
Claim(s) 3, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al [20210278087], further in view of Powell et al [20200093145].
With respect to claims 3 and 7, Hodges discloses the invention as substantially claimed, however does not show the use of charcoal.
Powell makes up for these deficiencies by teaching a grill/smoker (12) with a fuel hopper (44) and
{cl. 3} The method of claim 1, wherein the fuel within the hopper comprises charcoal [paragraph 0049].
{cl. 7} The system of claim 6, wherein the fuel comprises charcoal [paragraph 0049].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Hodges to include the use of charcoal for the fuel hopper as taught by Powell because Powell provides a known fuel source usable with a fuel hopper to deliver a desired heat output.
Claim(s) 5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al [20210278087].
With respect to claims 5 and 8, Hodges discloses the invention as substantially claimed, however does not specify the material of the starter block as further claimed. Hodges however provides other options for the starter, and since no criticality is offered for using compressed wood or a tumble weed style starter, it is reasonable to assume Hodges teaches:
{cl. 5} The method of claim 1, wherein the starter block is configured in at least one of a tumble weed style configuration or a compressed wood style configuration [paragraph 0033].
{cl. 8} The system of claim 6, wherein the starter block is configured in at least one of a tumble weed style configuration or a compressed wood style configuration [paragraph 0033].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the type of starter claimed because Hodges is aware of the options that provide the same effect of effectively igniting a fuel supply.
Allowable Subject Matter
Claims 9, 12-15 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The features of the dependent claims directed toward the hopper are not seen in the art, specifically with regard to the lid, the removability and the grease catching capabilities.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Traeger [20170176018] is considered relevant art for similar teachings of a cooking grill with a fuel hopper automatically feeding/igniting the fuel [paragraph 0048].
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
1/31/2026