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 § 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) 9 and 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Cowan et al. US20190383497.
Regarding claim 9, Cowan et al. US20190383497 discloses a cooktop assembly, comprising:
a cooktop (20, Fig. 2);
a coupling member coupled to a central portion of the cooktop (hinge bracket 120, Fig. 3, Fig,. 4), the coupling member defining a first cavity on a first side and a second cavity on a second side, the second side opposing the first side (Cavities of hinge bracket 120 defined by walls 126 and 128, respectively);
a first grate positioned proximate to the first side of the coupling member (100a), wherein the first grate includes a first pivot member disposed within the first cavity (Fig. 4, hinge 125); and
a second grate positioned proximate to the second side of the coupling member (100c), wherein the second grate includes a second pivot member disposed within the second cavity (Fig. 4, hinge 125), and
wherein the first and second grates are independently operable between raised and lowered positions (Fig. 3 and Fig. 4).
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Regarding claim 13, Cowan further teaches the cooktop assembly of claim 9, wherein the first and second pivot members are configured to rotate within the first and second cavities as the first and second grates and moved between the raised and lowered positions, respectively (Cowan, Fig. 3 and Fig. 4).
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.
Claim(s) 1, 2, 4-8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cowan et al. US20190383497 in view of Kim et al. US8147015.
Regarding claim 1, Cowan et al. US20190383497 discloses a cooktop assembly, comprising:
a cooktop (20, Fig. 2);
a burner mounted on the cooktop (burner 19);
a coupling member coupled to the cooktop and defining at least one cavity (hinge bracket 120); and
a grate rotatable between a raised position and a lowered position (grates 100, Fig. 2, Fig. 3), the grate including a pivot member engageable with the coupling member (hinge 125, Fig. 4)
Cowan does not expressly disclose the coupling member including a first outwardly angled side and a second opposing outwardly angled side defining a cavity, wherein the pivot member includes a rounded end opposing an abutting edge, and wherein the abutting edge rests upon the second outwardly angled side when the grate is in a lowered position, and further wherein a top surface of the pivot member rests on the first outwardly angled side when the grate is in a raised position
Kim et al. US8147015 teaches a hinge for a kitchen appliance wherein
a coupling member (201, Fig. 8) has a cavity (205) having a first outwardly angled side and a second opposing outwardly angled side defining the cavity (Fig. 8); and
a pivot member (hinge member 180) slidably engages the first outwardly angled side when rotating between the open position and the closed position (seen in Fig. 8 and 10, hinge member 180 at least partially slides along the angled side of 205 seen on the left side in Fig. 8 and Fig. 10).
wherein the pivot member includes a rounded end (Fig. 8, 184) opposing an abutting edge (187), and wherein the abutting edge rests upon the second outwardly angled side when the hinge is in a lowered position (seen in Fig. 8), and further wherein a top surface of the pivot member rests on the first outwardly angled side when the hinge is in a raised position (Fig. 10, top surface of 184)
Kim teaches that such a hinge arrangement improves the appearance of the device and ensures the hinges are not exposed when closed (Col. 11 Ln. 7-11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Cowan with the hinge of Kim since doing so amounts to a simple substitution of known hinges with the known predictable results of improving the appearance of the device and ensures the hinges are not exposed when closed.
Regarding claim 2, the previously combined reference teach the cooktop assembly of claim 1, wherein the cavity defines an asymmetrical shape (Kim, Fig. 8).
Regarding claim 4, the previously combined reference teach the cooktop assembly of claim 1, wherein the first outwardly extending side and the second opposing outwardly extending side are connected via a rounded portion, the rounded portion at least partially defining the cavity (seen in Kim Fig. 8, the cavity 205 has a rounded portion between the two sides).
Regarding claim 5, the previously combined reference teach the cooktop assembly of claim 4, wherein the rounded end of the pivot member slidably engages the first outwardly angled side and the rounded portion until the top surface rests on the first outwardly angled side as the grate moves from the lowered position to the raised position (Kim, Fig. 8 and Fig. 10, 184 slidably rotates into position).
Regarding claim 6, the previously combined reference teach the cooktop assembly of claim 4, wherein the first outwardly angled side and the rounded portion of the coupling member mirror a shape of the pivot member to provide a close fit of the pivot member within the cavity (Kim, Fig. 8; The limitation is interpreted in light of instant specification Fig. 28 and ¶89).
Regarding claim 7, the previously combined reference teach the cooktop assembly of claim 1, further comprising: a second coupling member coupled to the cooktop, wherein the grate includes a second pivot member extending from the first end to engage the second coupling member (Cowan, Fig. 3 depicts two hinges)
Regarding claim 8, the previously combined reference teach the cooktop assembly of claim 1, wherein the pivot member extends a length of the first end (Cowan, Fig. 3, the hinge extends a length of the first end).
Regarding claim 14, Cowan, as applied to claim 9 above, does not expressly disclose the cooktop assembly of claim 9, wherein the first cavity is angled in a first direction toward a first lateral side of the cooktop, and wherein the second cavity is angled in a second direction toward a second opposing lateral side of the cooktop.
Kim et al. US8147015 teaches a hinge for a kitchen appliance wherein
a coupling member (201, Fig. 8) has a cavity (205) having a first outwardly angled side and a second opposing outwardly angled side defining the cavity (Fig. 8); and
a pivot member (hinge member 180) slidably engages the first outwardly angled side when rotating between the open position and the closed position (seen in Fig. 8 and 10, hinge member 180 at least partially slides along the angled side of 205 seen on the left side in Fig. 8 and Fig. 10).
wherein the pivot member includes a rounded end (Fig. 8, 184) opposing an abutting edge (187), and wherein the abutting edge rests upon the second outwardly angled side when the hinge is in a lowered position (seen in Fig. 8), and further wherein a top surface of the pivot member rests on the first outwardly angled side when the hinge is in a raised position (Fig. 10, top surface of 184)
Kim teaches that such a hinge arrangement improves the appearance of the device and ensures the hinges are not exposed when closed (Col. 11 Ln. 7-11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Cowan with the hinge of Kim since doing so amounts to a simple substitution of known hinges with the known predictable results of improving the appearance of the device and ensures the hinges are not exposed when closed.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cowan et al. US20190383497 in view Mishra US20110114077.
Regarding claim 11, Cowan, as applied to claim 9 above, does not expressly disclose the cooktop assembly of claim 9, wherein the first cavity and the second cavity are U- shaped.
Cowan does discuss having different numbers and arrangement of hinges to accommodate respective additional grates (¶40).
Mishra US20110114077 teaches cooktop with a grate wherein the attaches to a coupling member (Fig. 6, yokes 154) defining a plurality of cavities (Fig. 6, each of yokes 154 have a cavity defined by arms 162 and 164 seen in Fig. 6) wherein the cavities are U-shaped (seen in Fig. 6).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a pivot assembly, as taught by Mishra, since doing so amounts to a simple substitution of known pivot assemblies for grates in the field of cooktops with the known predictable result of allowing pivoting of the grate.
Regarding claim 12, Cowan, as applied to claim 9 above, does not expressly disclose the cooktop assembly of claim 9, wherein the first pivot member and the second pivot member are pins extending outward from inner ends of the first and second grates, respectively.
Mishra US20110114077 teaches cooktop with a grate wherein the attaches to a coupling member (Fig. 6, yokes 154) defining a plurality of cavities (Fig. 6, each of yokes 154 have a cavity defined by arms 162 and 164 seen in Fig. 6) wherein the cavities are U-shaped (seen in Fig. 6) and wherein the pivot members are pings extending from the ends of the respective grates (pivot pin 168).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a pivot assembly, as taught by Mishra, since doing so amounts to a simple substitution of known pivot assemblies for grates in the field of cooktops with the known predictable result of allowing pivoting of the grate.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cowan et al. US20190383497.
Regarding claim 15, Cowan, as applied to claim 9 above, does not expressly disclose the cooktop of claim 9, further comprising: a second coupling member coupled to the central portion of the cooktop and spaced from the coupling member, the second coupling member defining a first cavity and a second cavity, wherein the first grate includes a third pivot member disposed within the first cavity of the second coupling member, and wherein the second grate includes a fourth pivot member disposed within the second cavity of the second coupling member.
Cowan does discuss having different numbers and arrangement of hinges to accommodate respective additional grates or different sizes of grates (¶40). Cowan Fig. 4 teaches the first grate having a third pivot member and the second grate having a fourth pivot member (Hinges 125). Cowan has additional pivot members but lacks an additional coupling member with respective cavities.
The difference between the prior art and the claimed subject matter amounts to a duplication of parts of the prior art device.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an additional coupling member with at least two additional cavities for supporting the respective pivot members of the grates since doing so amounts to a mere duplication of parts of the prior art device and would provide the known predictable result of accommodating larger grates.
Allowable Subject Matter
Claims 16-20 are allowed.
Claim 3, 10 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 following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, The prior art fails to teach or make obvious the limitations of claim 2. Further modification of the teaching reference of Kim would defeat an intended function of the device. There is insufficient teaching, suggestion or motivation to make such a modification.
Regarding claim 10, The prior art fails to teach or make obvious wherein the first grate is configured to rest on an inner end of the second grate when the first grate is in the raised position and the second grate is in the lowered position in combination with the features of claim 9. The prior art of record teaches various arrangements of pivoting grates, however the particularly claimed arrangement could not be found. Further, the relied upon art teaches that may be simultaneously raised to facilitate cleaning. The limitations of claim 10 would defeat that function.
Regarding claim 16, Breneman et al. US20180180294 discloses cooktop assembly, comprising:
a cooktop (Fig. 1, cooktop 2);
a coupling member coupled to an edge of the cooktop, the coupling member having first and second pins; (Fig. 3, hinge mount 130, pins 134 and 135); and
a grate selectively coupled to the first and second pins and rotatable between raised and lowered positions when coupled to the coupling member (Grate 71, positions seen in Fig. 1, uncoupled seen in Fig. 3 and 4),
the grate including:
a frame (Fig. 1, body portion 77);
support members coupled to the frame and extending parallel to one another (two of support arms 84-86, 89, 92, 95, 98 and 99); and
Breneman lacks a centrally-disposed griddle portion having a continuous planar surface, the centrally-disposed griddle portion being integrally formed with the support members,
wherein the support members are coupled to and extend between the frame and a first side of the centrally-disposed griddle portion and are coupled to and extend from a second opposing side of the centrally-disposed griddle portion, wherein the centrally- disposed griddle portion and the support members are configured to rotate as a single unit between the raised position and the lowered position.
Billman US20180245799 (Fig. 2), Cowan US20190383497 (Fig. 10A), Cadima US20180340691 (Fig. 3, Fig. 4) each teach planar griddles attached or connected to grates (see referenced figures).
However, each of these references expressly teach that the griddle is separable from the grate structure in order to facilitate cleaning or modularity. Each of these references lack the support members of the grate coupled to and extend between the frame and a first side of the griddle portion and are coupled to and extend from a second opposing side of the griddle portion, wherein the griddle portion and the support members are configured to rotate as a single unit between the raised position and the lowered position. Achieving the claimed subject matter would require modifying references in such a way that is contrary to their teachings and require improper hindsight reasoning on the part of the examiner.
Claims 17-20 are allowable by virtue of dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762