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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 8, and 10-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Dean (US 2022/0136702), which shows all of the claimed limitations. Dean shows:
1. A manifold for a grill comprising: a base 142 defining an interior passageway 104, the base comprising a first open end 148, a second open end 150, and a third open end 138, each of which are in communication with the interior passageway of the base (fig. 3,4); a first arm 144 defining an interior passageway and a plurality of apertures 152 on a side of the first arm that are in communication with the interior passageway of the first arm, wherein the first arm is connected to the first open end 148 of the base such that the interior passageway of the first arm is in communication with the interior passageway of the base (fig. 3,4); and a second arm 146 defining an interior passageway and defining a plurality of apertures 152 on a side of the second arm that are in communication with the interior passageway of the second arm, wherein the second arm is connected to the second open end 150 of the base such that the interior passageway of the second arm is in communication with the interior passageway of the base (fig. 3,4).
2. The manifold of claim 1, wherein the manifold is Y-shaped (fig. 2 – arms 144 and 146 show slanted surfaces making a Y-shape).
3. The manifold of claim 1, wherein the manifold is U-shaped (fig. 2 – space 104 providing a U-shape).
4. The manifold of claim 1, wherein a top side of the first arm comprises at least one slanted surface (fig. 1-4).
6. The manifold of claim 1, wherein the plurality of apertures of the first arm face the plurality of apertures of the second arm (fig. 3,4).
8. The manifold of claim 1, wherein the third open end 138 of the base is configured to couple with a heat source 104,126 of a grill (para. 0020,0025).
10. The manifold of claim 1, wherein the manifold is configured such that when positioned in the grill, the first arm and the second arm are positioned on opposite side of a grilling area of the grill 200 (fig. 5).
11. A manifold for a grill comprising: a first arm 144 configured to be positioned on a first side of a grilling area of the grill, the first arm defining an interior passageway and a plurality of apertures 152 on at least a side of the first arm that are in communication with the interior passageway of the first arm (fig. 3-5); and a second arm 146 configured to be positioned on a second side of the grilling area of the grill that is opposite to the first side of the grilling area, the second arm defining an interior passageway and a plurality of apertures 152 on at least a side of the second arm that are in communication with the interior passageway of the second arm (fig. 3-5); wherein the plurality of apertures on the side of the first arm face the plurality of apertures on the side of the second arm (fig. 3,4); wherein the first arm is configured to receive heat originating from a heat source 104,126 of the grill and provide an air flow for the heat through the interior passageway of the first arm and out of the plurality of apertures of the first arm (fig. 2, para. 0020,0025); and wherein the second arm is configured to receive heat originating from the heat source of the grill and provide an air flow for the heat through the interior passageway of the second arm and out of the plurality of apertures of the second arm (fig. 2, para. 0020,0025).
12. The manifold of claim 11, wherein the manifold is Y-shaped (fig. 2 – arms 144 and 146 show slanted surfaces making a Y-shape).
13. The manifold of claim 11, wherein the manifold is U-shaped (fig. 2 – space 104 providing a U-shape).
14. The manifold of claim 11, wherein a top side of the first arm comprises at least one slanted surface (fig. 1-4).
Claim Rejections - 35 USC § 103
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 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.
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.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dean (US 2022/0136702), which discloses substantially all of the claimed limitations.
Dean teaches the invention as described above, but fails to explicitly teach the top side of the first arm comprises two slanted surfaces.
The claimed shape/orientation is an obvious modification based on design choice, and depends on spatial considerations such as availability of space and arrangement of other components.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the two slanted into the invention disclosed by Dean, so as to provide for spatial considerations.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dean (US 2022/0136702), which discloses substantially all of the claimed limitations.
Dean teaches the invention as described above, but fails to explicitly teach the aperture of the plurality of apertures of the first arm is rectangular.
The claimed shape of an aperture is an obvious modification based on design choice, and depends on manufacturing considerations such as ease of manufacture and cost (i.e., availability of tools for stamping or drilling apertures).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the claimed shape into the invention disclosed by Dean, so as to provide for manufacturing considerations.
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dean (US 2022/0136702) in view of Terrell (US 2022/0087475), which discloses substantially all of the claimed limitations.
Dean teaches the invention as described above including a fuel hopper (para. 0019), but fails to explicitly teach the use of charcoal as a fuel.
Terrell, in the same or related field of endeavor (i.e., grills/smokers), teaches that it is known in the art that a fuel hopper may use charcoal along with or instead of wood (para. 0010,0045).
Terrell teaches that such an arrangement provides for convenient and efficient cooking and temperature control (para. 0002).
Accordingly, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention incorporate the use of charcoal as a fuel as taught by Terrell into the invention disclosed by Dean, so as to provide for convenient and efficient cooking and temperature control.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These references disclose devices with many of the claimed components. Nevertheless, in order to avoid overburdening the applicant with redundant rejections, these references were not applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED BASICHAS whose telephone number is 571 272 4871. The examiner can normally be reached on Monday through Friday during regular business hours.
To contact the examiner’s supervisor please call MICHAEL HOANG whose telephone number is 571 272 6460.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Tech Center telephone number is 571 272 3700.
February 3, 2026
/ALFRED BASICHAS/Primary Patent Examiner, Art Unit 3762