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 .
Priority
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.
Claims 6 and 9 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.
Claim 6, line 3 recites “the position”; claim 9, line 3 recites “the same structure”. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-7, 9 and 10 are rejected under 35 U.S.C. 103 as being obvious over Lee (US 2019/0159624) in view of Lentini (US 2022/0192410).
With respect to the limitations of claim 1, Lee teaches an automatic egg frying mechanism (title, abstract) with a flipping function (Figs 3, 5, 12, 0046, the control unit 72 pivots the first wok 51a, for example 180 degrees, to allow the egg liquid 22 to drop into the second wok 51b which then cooks the top of the egg 2), comprising a fixing plate (Figs 1-3, vertical support plate), an upper pan and a lower pan (Figs 1-3, 5, first wok 51a, second wok 51b, 0046) are fixedly arranged on the fixing plate, egg outlets are formed in the upper pan and the low pan (rim perimeter of woks 51a, 5ab are outlets for eggs), the egg outlet of the upper pan is positioned above the lower pan, the fried eggs naturally fall down to achieve flipping (0046). Lee discloses the claimed invention except for an upper spatula is arranged in the upper pan, and when the upper spatula is pushed to push fried eggs from the egg outlet of the upper pan to the lower pan.
However, Lentini discloses an upper spatula (Figs 4A, 4b, spatula 432A/ 432B, 0119) is arranged in the upper pan, and when the upper spatula is pushed to push (0119, a spatula (e.g., spatula 432A or 432B of FIG. 4A or 4B, respectively) may be configured to push) fried eggs from the egg outlet of the upper pan to the lower pan (second wok 51b as disclosed by Lee) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the automatic egg frying mechanism of Lee silent to a upper spatula with the upper spatula is arranged in the upper pan, and when the upper spatula is pushed to push fried eggs from the egg outlet of the upper pan to the lower pan of Lentini for the purpose of providing a known spatula mechanism that mechanically removes food from the upper pan, thereby ensuring complete transfer of food items.
With respect to the limitations of claims 2, 3 and 5, Lee teaches the upper pan and the lower pan are provided with egg frying surfaces, and the egg frying surfaces extend upwards along a front side and a rear side of a 0-Y direction to form blocking walls (Figs 1, 5, concave surfaces of woks 51a, 51b);
a periphery of the egg frying surface is of an open structure (Figs 1, 5, concave surfaces of woks 51a, 51b);
the egg frying surface is disc-shaped and forms concave circular arc surfaces in directions of a 0-X axis and a 0-Y axis (Figs 1, 5, concave surfaces of woks 51a, 51b);
With respect to the limitations of claims 4, 6 and 7, Lee in view of Lentini discloses the egg frying surface is rectangular (Lentini, Fig 4A, rectangular hot plate 430A, 0119) and forms concave arc surfaces in directions of a 0-X axis and a 0-Y axis (Lee, Figs 1, 5, concave surfaces of woks 51a, 51b);
a U-shaped opening is formed between the blocking walls on both sides, and the position at the U-shaped opening (Lentini, Fig 4B, hot plate 430 B with U-shaped opening, 0119) extends downwards and rolls inwards to form an oil guide portion;
strip hole I and strip hole II are provided in the fixing plate (Lentini, Fig 1B, multiple screw holes), one side of the fixing plate is provided with a driving member (Lentini, Fig 4A, 0122, control device 434A that is configured to control the motion of spatula 432), one side of the driving member is slidably provided with a sliding block (Lentini, Figs 1B, 4A, 4B, rail and sliding block), an upper spatula plate (Lentini, Fig 4B, top rail plate) is fixedly arranged above the upper spatula (432).
Lee in view of Lentini discloses the claimed invention except for the duplication of the spatula and spatula plate.
However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to duplicate the spatula and spatula plate resulting in a lower spatula is arranged in the lower pan, a lower spatula plate is fixedly arranged above the lower spatula, the upper spatula plate is capable of passing through the strip hole I, the lower spatula plate is capable of passing through the strip hole II, and the sliding block drives the upper spatula and the lower spatula to move synchronously, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art (see MPEP 2144.04).
Claims 9 and 10 are rejected because they are dependent upon claim 1.
Claim 8 is rejected under 35 U.S.C. 103 as being obvious over Lee (US 2019/0159624) in view of Lentini (US 2022/0192410) as applied to claims 1 and 2, further in view of Sase (US 2020/0352393).
With respect to the limitations of claim 8, Lee teaches a heater (Figs 2-4, wok 51, heating member 511, 0038). Lee in view of Lentini discloses the claimed invention except for heating pipe holes are provided at lower ends of the upper pan and the lower pan, through holes corresponding to positions of the heating pipe holes are provided in the fixing plate, and heating pipes are mounted into the heating pipe holes from the through holes. However, Sase discloses heating pipe holes are provided at lower ends of the upper pan and the lower pan (Figs 4-6, grooves 331, 0068), through holes corresponding to positions of the heating pipe holes are provided in the fixing plate, and heating pipes (electric heater 31, 0068) are mounted into the heating pipe holes from the through holes is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the automatic egg frying mechanism of Lee in view of Lentini having a heater silent to the heater structure with the heating pipe holes are provided at lower ends of the upper pan and the lower pan, through holes corresponding to positions of the heating pipe holes are provided in the fixing plate, and heating pipes are mounted into the heating pipe holes from the through holes of Sase for the purpose of providing a known heating pipe configuration that is suitable for heating cooking platens.
Allowable Subject Matter
Claims 9 and 10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/11/2026
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