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 § 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 (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.
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) 1-4 and 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al (US 2009/0206074) previously cited, in view of Dhawan et al (US 2020/0299051) new cited. Regarding claim 1, Schneider discloses apparatus (600, Figure 6A) for cooking raw food items in a microwave oven comprising a first compartment (602) having a first base (636) and first sidewalls (640) extending from the first base (636) to define a first cavity (606), the ends of the first sidewalls opposite the first base (636) forming a first opening into the first cavity (606), a flange disposed about at least a portion of the first opening into the first cavity (606); a second compartment (604) having a second base (638) and second sidewalls (642) extending from the second base (638) to define a second cavity (608) separate from the first cavity (606), the ends of the second sidewalls (642) opposite the second base (638) forming a second opening into the second cavity (608), the flange disposed about at least a portion of the second opening into the second cavity (608); a hinge (612) extending between the first compartment (602) and the second compartment (604) such that the first compartment (602) is able to be moved relative to the second compartment (604) for causing a content within the first compartment (602) to move into the second compartment (604); and a crisping susceptor (628, 630)disposed within the first compartment (par. 0064, Figures 6A-6C). However, Schneider does not disclose the second compartment does not include a microwave energy interactive material therein. Dhawan discloses a second compartment does not include a microwave energy interactive material therein (page 4, claims 9 and 10; Figure 4, and #2 to #7). It would have been obvious to one ordinary skill in the art before the effective filling date of the invention was made to utilize in Schneider a second compartment does not include a microwave energy interactive material therein as taught by Dhawan in order to suit user specific application. Regarding claim 2, Schneider discloses the hinge (612, Figures 6A-6B) extends through at least a portion of the width of the flange between the sidewalls (640, 642) of the first (602) and second (604) compartments. Regarding claim 3, Schneider discloses the hinge (612) extends from a first edge to a second edge (Figures 6A, 6B). Regarding claim 4, Schneider discloses the first compartment (602) and the second (604) compartment are formed of a rigid material and the hinge (612) is formed in the rigid material (par. 0079, Figures 6A-6C). Regarding claim 6, Schneider is easily derived from the pair of compartments (602, 604, par. 0013) may be hinged joint to one another with their respective interior spaces facing one another). Regarding claim 7, it would be easily derived from Schneider the crisping susceptor (628, 630, Figures 6A, 6C) is affixed to the first base (636,638) of the first compartment. Regarding claim 8, it would be easily derived from Schneider transferring the partially cooked food product from one cavity (606) to the other (608) to provide more even heating of the food item, wherein the second compartment (604) is able to move relative to the first compartment (602) by the hinge (612, par. 0059, Figures 6A-6C). Regarding claim 9, it would be easily derived from Schneider the susceptor elements (628, 630) often are used to promote browning and/or crisping of the surface of the food item in which the susceptors (628, 630) overlie the interior side of the base (636, 638) and the respective peripheral wall (640,642) of each compartment (602, 604), where uncooked item is placed into one of the compartments (602,604, par. 0005, par. 0013, par. 0064). Regarding claim 10, It would be easily derived from Schneider (par. 0077, and Figure 6A-6C: if desired, the microwave energy interactive element may be supported on a microwave inactive or transparent substrate, for example, a polymer film or other suitable polymeric material, for ease of handling and/or to prevent contact between the microwave energy interactive material and the food item). Regarding claim 11, it would be easily derived from Schneider (par. 0006, par. 0059: and figures 6A-6C: after heating the food product within the cavity (606) for a specified amount of time, the partially cooked food product is transferred from one cavity (606) to the other cavity (608) to provide more even heating of the food item; and both of the opposed compartment (602,604) may be shaped to define an overall shape of the cooked food item, to define contours in the surface of food item, to accommodate the increasing volume of the food item as it cooks). Regarding claim 12, it would be easily derived from Schneider (par. 0004, par. 0079-par. 0080; and Figures 6A-6C: the apparatus (600) may be formed at least partially from a polymer or polymeric material, and the apparatus (600) may be formed in thermal bonding process etc., wherein the apparatus (600) is for preparing the food item in the microwave oven).
Response to Amendment
Applicants' arguments with respect to claim(s) 1-4 and 6-12 have been considered but are moot in new ground of rejection.
Applicants' amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/QUANG T VAN/Primary Examiner, Art Unit 3761 September 28, 2026
