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 Objections
Claim 16 objected to because of the following informalities: in lines 5-6 “between the frame the skirt portion” should be “between the frame and the skirt portion”. Appropriate correction is required.
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) 1-2, 4-7, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashcraft et. al (US 5,586,546).
With respect to claim 1 Ashcraft discloses a storable fixture assembly for a recreational vehicle, the assembly comprising: a fixture [references character 10] comprising a body [see annotated Fig. below] and a working surface [see annotated Fig. below], the fixture configured to be pivotably coupled relative to the recreational vehicle to be pivotable between a vertically-oriented storage position [see Fig. 5] in a space1 [see “opening” in column 3 lines 47-51] within an exterior perimeter of the recreational vehicle and a horizontally oriented use position [Fig. 3] disposed at least partially outside of the space and extending away from the exterior perimeter of the recreational vehicle; and a support [reference character 42] movable relative to the recreational vehicle to be moved to a support position supporting the fixture in the use position.
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With respect to claim 2 Ashcraft discloses a housing [reference character 13] configured to be mounted within the space, the housing having a forwardly facing opening and comprising a plurality of walls defining an interior, wherein the cooking appliance and support are pivotably coupled to the housing [see Fig. 1].
With respect to claim 4 Ashcraft discloses a door [reference character 17] coupled to the housing, the door movable to selectively cover the opening thereof.
With respect to claim 5 Ashcraft discloses that the door is pivotably coupled to the housing below the opening [see Fig. 4].
With respect to claim 6 Ashcroft discloses that a frame including a stationary portion [reference character 52] mounted to the housing and a pivoting portion [reference character 40] pivotably coupled to the stationary portion, the fixture mounted to the pivoting portion to be pivoted therewith.
With respect to claim 7 Ashcroft discloses the pivoting portion of the frame comprises a sliding coupling, the sliding coupling allowing the fixture to be slid outwardly to an extended use position spaced from the exterior perimeter of the recreational vehicle [see Figs. 5 and 7 where fixture slides in slot 46 from the stowed position in Fig. 5 to the extended position in Fig. 7].
With respect to claim 12 Ashcroft discloses that the fixture comprises a cooking appliance and the working surface comprises a cooking surface [see Fig. 3].
Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashcraft et. al (US 5,586,546).
With respect to claim 16 Ashcraft discloses a recreational vehicle [reference character 12] comprising: a frame [inherent to a vehicle]; an exterior including a downwardly depending skirt portion [see annotated Fig. below] spaced from the frame by a space; and an assembly [reference characters 10 and 13] mounted to the frame2 at least partially within the space between the frame the skirt portion, the assembly comprising: a fixture comprising a body and a working surface, the fixture pivotably coupled relative to the recreational vehicle to be pivotable between a vertically-oriented storage position [see Fig. 5] in the space and a horizontally-oriented use position [see Fig. 3] disposed at least partially outside of the space and extending away from the exterior of the recreational vehicle; a support [reference character 42] movable relative to the recreational vehicle to be moved to a support position supporting the fixture in the use position.
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Claim(s) 17, and 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashcraft et. al (US 5,586,546).
With respect to claim 17 Ashcraft discloses a method comprising: pivoting a fixture [references character 10] from a vertically-oriented storage position [see Fig. 5] in a space within an exterior perimeter of a recreational vehicle to a horizontally-oriented use position [reference character 3] disposed at least partially outside of the space and extending away from the exterior perimeter of the recreational vehicle; and coupling a support [reference character 40] with the fixture to hold the fixture in the use position.
With respect to claim 19 Ashcraft discloses pivoting the support to a support position [see Figs. 3-4]; and securing the support to a frame [reference character 52] having the fixture mounted thereto to hold the support in the support position.
With respect to claim 20 Ashcraft discloses sliding the fixture outward from the use position to an extended use position using a sliding coupling [see Figs. 3-4 the sliding being accomplished via slot 46 and pin 42].
With respect to claim 21 Ashcraft discloses securing the fixture in the extended use position [the end of the slot 46 stops the translation of pin 42, securing the fixture in the horizontal position].
With respect to claim 22 Ashcraft discloses that the fixture comprises a cooking appliance [a stove], and further comprising connecting a gas supply line [reference character 22] to a gas intake connector [reference character 28] of the cooking appliance.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sussman (US 1,456,474).
With respect to claim 17 Sussman discloses a method comprising: pivoting a fixture [reference character A in Fig. 3] from a vertically-oriented storage position [reference character 4] in a space within an exterior perimeter of a recreational vehicle3 [Sussman discloses that the fixture is in a space within an exterior perimeter of a wall, pp. 1 lines 60-67] to a horizontally-oriented use position [Figs. 1 and 3] disposed at least partially outside of the space and extending away from the exterior perimeter of the wall; and coupling a support [reference character 29] with the fixture to hold the fixture in the use position.
With respect to claim 18 Sussman discloses that pivoting the fixture from the storage position to the use position comprises pivoting the fixture about a pivot [see reference character 27 in Fig. 3] disposed above the fixture in the storage position [see 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.
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) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashcraft et. al (US 5,586,546) in view of Gardner (US 2007/0102975 A1).
With respect to claim 10 Ashcraft does not disclose a hydraulic cylinder coupled to the fixture, the hydraulic cylinder configured to aid a user in pivoting the fixture from the storage position to the use position.
Gardner discloses a pivoting table with a hydraulic cylinder [reference character 60] coupled to the fixture, the hydraulic cylinder configured to aid a user in pivoting the fixture from the storage position to the use position.
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Ashcraft by coupling a hydraulic cylinder to the fixture, as taught by Gardner, in order to aid in movement of the fixture to the use position and dampen the deployment of the fixture if the fixture is dropped.
With respect to claim 11 the combination of Ashcraft and Gardner discloses that the hydraulic cylinder is configured to be driven over center as the fixture is pivoted to the storage position, such that the hydraulic cylinder aids in holding the fixture in the storage position.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashcraft et. al (US 5,586,546) in view of Chevalier et. al (US 11,230,218 B2).
With respect to claim 14 Ashcraft does not disclose that the fixture comprises a sink.
Chevalier discloses a kitchen [reference character 10] that includes a cooktop [reference character 32] and a sink [reference character 34].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the fixture taught by Ashcraft by including a sink, as taught by Chevalier, in order to allow for washing, boiling, and general hygiene whilst cooking.
With respect to claim 15 Ashcraft does not disclose comprising one or more trays configured to releasably attach to the fixture to provide secondary working surfaces adjacent thereto.
Chevalier discloses a tray [reference character 62] releasably attached to the fixture via a bracket [reference character 46] and slot [reference character 44].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the fixture taught by Ashcraft by including a tray, as taught by Chevalier, in order to allow for more working space adjacent to the cooking surface.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashcraft et. al (US 5,586,546) in view of Parker et. al (US 11,912,191 B2).
With respect to claim 23 Ashcraft does not disclose that the fixture comprises a sink, and further comprising connecting a water supply line to a water intake connector of the sink.
Parker discloses a deployable kitchen that comprises a sink [reference character 561], and further comprising connecting a water supply line to a water intake connector of the sink [see annotated Fig. below].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the fixture taught by Ashcraft by including a sink, as taught by Parker, in order to allow for washing, boiling, and general hygiene whilst cooking.
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Allowable Subject Matter
Claims 3, 8-9 and 13 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 VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 Ashcroft discloses that “[m]ore specifically, a recreational vehicle 12, illustrated as the automotive camper type, is provided with a right sidewall 70 having an opening that defines a compartment for a housing 13 which in turn supports the gas stove 10” [column 3 lines 47-51].
2 The assembly in Ashcraft would be mounted to the frame at least via being mounted to the vehicle at large, the frame of a vehicle being internal to the skirt, the assembly would be “mounted to the frame at least partially within the space between the frame the skirt portion”.
3 Sussman does not disclose a recreational vehicle, however, it has been held that to be entitled to weight in method claims, the recited-structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Ex parte Pfeiffer, 1962 C.D. 408 (1961). In this case the recreational vehicle is claimed as intended use and is therefore not given patentable weight in the claims.