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 § 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 52 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.
In claim 52, the limitation “a filter chamber” and “a smoke filter” is unclear if it is referring to the same filter chamber and smoke filter recited in claim 50.
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.
Claims 36-41, 43, 44 and 46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WU (CN 111700519).
Regarding claim 36, WU teaches an apparatus (Fig. 1-3) configured to operate as both an indoor grill and an air fryer (abstract), the apparatus comprising: a housing (2, 211); a chamber within the housing in which food to be grilled or air fried is disposed (as shown in Fig. 2-4); a fan system (28); a heating element (24); a food placement element (22) comprising a surface on which the food is placed in the chamber (as shown in Fig. 2 and 3; para. 0052); and a porous protrusion (231 and corresponding protrusion in frying basket 22) extending into the chamber (as shown in Fig. 2-3), the porous protrusion configured to deliver air directed by the fan system into the chamber (para. 0046; 0052); wherein the food placement element is disposed between the chamber and at least one of the fan system or the heating element (as shown in Fig. 2-3).
Regarding claim 37, WU teaches the apparatus of claim 36, wherein the porous protrusion is in a shape of a frustum cone (as shown in Fig. 2-3).
Regarding claim 38, WU teaches the apparatus of claim 36, wherein the food placement element comprises a hole through which the porous protrusion extends (as shown in Fig. 2-3).
Regarding claim 39, WU teaches the apparatus of claim 36, further comprising a food placement support (23) on which the food placement element is disposed (as shown in fig. 2-3).
Regarding claim 40, WU teaches the apparatus of claim 39, wherein the food placement support and the porous protrusion are integral components (as shown in Fig. 2-3).
Regarding claim 41, WU teaches the apparatus of claim 39, wherein the food placement support is configured as an insert that is removably coupled to an internal surface of the housing (as shown in Fig. 2-3).
Regarding claim 43, WU teaches the apparatus of claim 36, wherein the heating element is positioned below the food placement element (as shown in Fig. 2-3), and the fan system is positioned below the heating element (as shown in Fig. 2-3).
Regarding claim 44, WU teaches an apparatus (Fig. 1-3) configured to operate as both an indoor grill and an air fryer (abstract), the apparatus comprising: a housing (2, 211); a chamber within the housing in which food to be grilled or air fried is disposed (as shown in Fig. 2-4); a fan system (28); a heating element (24); a food placement element (22) comprising a surface on which the food is placed in the chamber (as shown in Fig. 2-3); and a lid (1) removably engageable with the housing (as shown in Fig. 2).
Regarding claim 46, WU teaches the apparatus of claim 44, wherein the lid is slidably engageable with the housing when oriented substantially parallel with an upward direction of the apparatus (as shown in Fig. 2).
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 42 is rejected under 35 U.S.C. 103 as being unpatentable over WU in view of ZHANG (CN 217118201).
Regarding claim 42, WU teaches all the elements of the claimed invention as set forth above in claim 36, except for, wherein the heating element is movable relative to the housing.
ZHANG teaches a lifting multifunctional air fryer (as shown in Fig. 1-3) comprising a heating element movable relative to the housing (para. 0008; 0010; 0023; 0032; 0034-0035).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating element of WU, with ZHANG, by providing movement of the heating element, to further control/adjust heat distribution and for easier cleaning. POSITA would have known that providing a movable heating element would have a reasonable expectation of success and predictable results such as adjusting heat distribution and easier cleaning.
Claims 45 and 47-54 are rejected under 35 U.S.C. 103 as being unpatentable over WU in view of WANG (CN 114451787).
Regarding claim 45, WU teaches all the elements of the claimed invention as set forth above in claim 44, except for, wherein the lid comprises a transparent portion that provides visual access into the chamber.
WANG teaches a cooking appliance (Fig. 1) wherein a lid (8) comprises a transparent portion (81) that provides visual access into the chamber (para. 0019; 0055).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid of WU, with WANG, by providing a transparent portion, to allow the user to monitor the food inside the chamber. POSITA would have known that providing a transparent portion on the lid would have a reasonable expectation of success and predictable results such as allowing the user to see inside the chamber and therefore monitor cooking process.
Regarding claim 47, WU teaches all the elements of the claimed invention as set forth above in claim 44, except for, wherein the food placement element comprises a first food placement element, the apparatus further comprising a second food placement element, wherein one of the first food placement element and the second food placement element is used to grill the food, and the other of the first food placement element and the second food placement element is used to air fry the food.
WANG teaches a cooking appliance (Fig. 1) wherein a food placement element (71-74) comprises a first food placement element (72), the apparatus further comprising a second food placement element (73 or 74), wherein one of the first food placement element and the second food placement element is used to grill the food (para. 0063; as shown in Fig. 1), and the other of the first food placement element and the second food placement element is used to air fry the food (para. 0063; as shown in Fig. 1).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the food placement element of WU, with WANG, by providing a second food placement element interchangeable used with the air fryer basket, to improve the frying and grilling functionality. POSITA would have known that providing a second food placement element interchangeable used with the air fryer basket would have a reasonable expectation of success and predictable results such as improving frying and grilling functionality.
Regarding claim 48, WU and WANG combined teach the apparatus of claim 47, wherein the one of the first food placement element and the second food placement element used to grill the food is heavier than the other of the first food placement element and the second food placement element used to air fry the food (WANG; as shown in Fig. 1 based on the size of the grill assembly 74, at least the grill assembly 74 is heavier than frying basket 72).
Regarding claim 49, WU and WANG combined teach the apparatus of claim 47, wherein the one of first food placement element and the second food placement element used to grill the food comprises a set of ribs configured to create grill marks on the food with which the set of ribs is in contact (WANG; as shown in Fig. 1, 12, 14 and 18, elements 73 and 74 have ribs that will create grill marks on the food).
Regarding claim 50, WU teaches an apparatus (Fig. 1-3) configured to operate as both an indoor grill and an air fryer (abstract), the apparatus comprising: a housing (2, 211); a chamber within the housing in which food to be grilled or air fried is disposed (as shown in Fig. 2-4); a lid (1) movable between a closed position to cover the chamber and an open position to expose the chamber (as shown in Fig. 1-3); a fan system (25, 28); a heating element (24); a food placement element (22) comprising a surface on which the food is placed in the chamber (as shown in Fig. 2-3; para. 0052); wherein the fan system is configured to direct air into the channel (para. 0052-0053).
WU fails to disclose a filter chamber in which a smoke filter is disposed; and at least one channel in fluid communication with the filter chamber and the chamber.
WANG teaches a cooking appliance (Fig. 1) comprising a filter chamber (chamber inside 82) in which a smoke filter (821) is disposed (as shown in Fig. 6); and at least one channel (channel formed by lower side of the lid 8) in fluid communication with the filter chamber and the chamber (as shown in Fig. 8, 10, 13, 16, 20).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Wu, with WANG, by providing a filter chamber in which a smoke filter is disposed, for safety reasons and reducing smoke fumes during cooking process. POSITA would have known that providing a filter chamber in which a smoke filter is disposed would have a reasonable expectation of success and predictable results such as reducing smoke fumes during cooking process.
Regarding claim 51, WU and WANG combined teach the apparatus of claim 50, wherein the housing comprises a container (WU; 27) in which the heating element and the food placement element are disposed (WU; as shown in Fig. 2-3), wherein the container comprises an opening in fluid communication with the channel (WU; top opening of 27).
Regarding claim 52, WU and WANG combined teach the apparatus of claim 51, wherein the fan system comprises an upper fan (WU; 25) and a lower fan (WU; 28), the upper fan disposed above a floor of the container in which the heating element and the food placement element are disposed (WU; as shown in Fig. 2-3), and the lower fan disposed below the floor (WU; as shown in Fig. 2-3), the apparatus further comprising: a dual channel system in fluid communication with a filter chamber (WANG; chamber inside 82) for a smoke filter (WANG; 821), the dual channel system comprising an upper channel and a lower channel (WU when viewed in combination with WANG; channel below lid and channels thru which air is directed by fans 25 and 28), wherein the upper fan is configured to direct air above the floor to the filter chamber (WU when viewed in combination with WANG), and wherein the lower fan is configured to direct air below the floor to the filter chamber (WU when viewed in combination with WANG).
Regarding claim 53, WU and WANG combined teach the apparatus of claim 50, wherein the apparatus further comprises a food placement support (WU; 23) on which the food placement element is disposed (as shown in Fig. 2-3), the food placement support comprising a vent (WU; 231, 232) providing fluid communication between the chamber and the opening (WU; as shown in Fig. 6).
Regarding claim 54, WU and WANG combined teach the apparatus of claim 53, wherein the upper fan is further configured to directed heated air into the chamber (para. 0052).
Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over WU in view of WANG as set forth above, and further in view of ZHU (CN 106618249).
Regarding claim 55, WU and WANG combined teach all the elements of the claimed invention as set forth above in claim 50, except for, wherein the fan system is configured to stay active for a predetermined time period upon at least one of: the apparatus is deactivated to stop cooking, or the lid is moved to an open position.
ZHU teaches an air fryer (Fig. 1, 2 and 5) wherein the fan system (42) is configured to stay active for a predetermined time period upon at least one of: the apparatus is deactivated to stop cooking, or the lid is moved to an open position (para. 0008-0010; 0024; 0054-0055).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fan system of Wu and WANG, with ZHU, by configuring to stay active for a predetermined time period upon the apparatus is deactivated to stop cooking, to accelerate the cooling process (para. 0054) and reduce temperature shock on elements of the air fryer that will increase lifespan and stability of devices and components (para. 0004). POSITA would have known that configuring the fan system to stay active for a predetermined time period upon the apparatus is deactivated to stop cooking would have a reasonable expectation of success and predictable results such as accelerating the cooling process and increasing lifespan and stability of devices and components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Itzkowitz (US 2022/0125241) is considered relevant art in the field of cooking appliances (air fryers/indoor grill), as shown in Fig. 1-14, comprising a housing (100); a chamber within the housing in which food to be grilled or air fried is disposed (as shown in Fig. 1-12); a fan system (600; 9600); a heating element (9490; 9491); a food placement element (800; 400; 9400) comprising a surface on which the food is placed in the chamber (as shown in Fig. 1-14; para. 0044; 0052; 0062)…but fails to disclose a porous protrusion extending into the chamber, or a filter chamber in which a smoke filter is disposed, and at least one channel in fluid communication with the filter chamber and the chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 09/05/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
Prosecution Insights