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 .
Election/Restrictions
This application contains claims directed to the following patentably distinct species:
Species A – a fryer plate of figure 3.
Species B- a fryer plate of figures 5-6.
Species C- a fryer plate of figures 7-9.
The species are independent or distinct because species A-C have different physical configurations. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claims 1-6, 10-12, and 17-20 are generic.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
Species A-C are mutually exclusive where each species assumes physically different configurations because of which careful consideration of each species, one at a time, is the must during examination process.
the inventions require a different field of search (for example: employing different search queries due to lack of overlapping physical configurations);
the prior art applicable to one invention would not likely be applicable to another invention.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Brian Schwartz on 13th August 2026 a provisional election was made without traverse to prosecute the invention of species C figures 7-9, claims 1-6 and 10-20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 7-9 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the a plurality of limiting protrusions of claim 18 and a plurality of fifth holes of claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2, 5, 15 and 18 are objected to because of the following informalities:
In claim 2 line 6, “…the part of…” should read “…the at least a part of…” for the purpose of consistency and clarity.
In claim 5 line 4, “the support portions…” should read “…the plurality of support portions…” for the purpose of consistency and clarity.
In claim 15 lines 1-2, “…wherein a plurality of second guide ribs and a plurality of first air holes…” should read “…wherein the plurality of second guide ribs and the plurality of first air holes …” as positively recited in claims 10 and 14.
In claim 18 line 8, “…the number of the limiting protrusions being equal to the number…” should read “…a number of the limiting protrusions being equal to a number…” for the purpose of consistency and clarity.
Appropriate correction is required.
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 1-6 and 10-20 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 1 recites “a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket” in lines 5-6 which renders the claim indefinite as in claim 1 recites “wherein the support portion is also coupled to the fryer basket” in line 4. Since, support portion is coupled to the fryer basket it is unclear how a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket. For the examination the limitation is interpreted as “a first air passage is formed between the holding portion and the inner bottom wall surface of the fryer basket”.
Claim 3 recites “wherein a plurality of support portions is discretely arranged…” which renders the claim indefinite as claim 1, on which claim 3 depends, recite “a support portion”, thus it is unclear if “a support portion” is a part of “a plurality of support portions” or if they are separate components. For the examination purpose “a support portion” is considered to be a part of “a plurality of support portions”, and the limitation is interpreted as “wherein a plurality of support portions comprising the support portion are discretely arranged…”.
Claim 5 recites “wherein a plurality of support portions is arranged…” which renders the claim indefinite as claim 1, on which claim 5 depends, recite “a support portion”, thus it is unclear if “a support portion” is a part of “a plurality of support portions” or if they are separate components. For the examination purpose “a support portion” is considered to be a part of “a plurality of support portions”, and the limitation is interpreted as “wherein a plurality of support portions comprising the support portion are arranged…”.
Claim 10 recites “wherein a plurality of first air holes is spaced…” which renders the claim indefinite as claim 1, on which claim 10 depends, recite “a first air hole”, thus it is unclear if “a first air hole” is a part of “a plurality of first air holes” or if they are separate components. For the examination purpose “a first air hole” is considered to be a part of “a plurality of first air holes”, and the limitation is interpreted as “wherein a plurality of first air holes comprising the first air hole are spaced…”.
Claim 13 recites “wherein a plurality of guide ribs is spaced…” which renders the claim indefinite as claim 11, on which claim 13 depends, recite “a guide rib”, thus it is unclear if “a guide rib” is a part of “a plurality of guide ribs” or if they are separate components. For the examination purpose “a guide rib” is considered to be a part of “a plurality of guide ribs”, and the limitation is interpreted as “wherein a plurality of guide ribs comprising the guide rib are spaced…”.
Claim 16 recites “wherein a plurality of first air holes is present…” which renders the claim indefinite as claim 1, on which claim 16 depends, recite “a first air hole”, thus it is unclear if “a first air hole” is a part of “a plurality of first air holes” or if they are separate components. For the examination purpose “a first air hole” is considered to be a part of “a plurality of first air holes”, and the limitation is interpreted as “wherein a plurality of first air holes comprising the first air hole are present…”.
Claim 17 recites “a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket” in lines 6-7 which renders the claim indefinite as in claim 17 recites “a support portion is also coupled to the fryer basket” in line 5. Since, support portion is coupled to the fryer basket it is unclear how a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket. For the examination the limitation is interpreted as “a first air passage is formed between the holding portion and the inner bottom wall surface of the fryer basket”.
Claim 18 recites “there are a plurality of support portions arranged…” which renders the claim indefinite as claim 17, on which claim 18 depends, recite “a support portion”, thus it is unclear if “a support portion” is a part of “a plurality of support portions” or if they are separate components. For the examination purpose “a support portion” is considered to be a part of “a plurality of support portions”, and the limitation is interpreted as “there are a plurality of support portions comprising the support portion arranged…”.
Claim 20 recites “a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket” in lines 8-9 which renders the claim indefinite as in claim 20 recites “the support portion is coupled to the fryer basket” in line 7. Since, support portion is coupled to the fryer basket it is unclear how a first air passage is formed between the support portion and the inner bottom wall surface of the fryer basket. For the examination the limitation is interpreted as “a first air passage is formed between the holding portion and the inner bottom wall surface of the fryer basket”.
Claims not addressed above are rejected due to their dependency on rejected base claims.
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, 10, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 113287949).
Regarding claim 1 (as best understood), Zhang ‘949 teaches (figures 1-5) a fryer plate/frying plate (22) being accommodated inside a fryer basket/frying basket main body (23) (English Translation Pg. 4 Para 3, 9; frying plate/frying plate can be used alone), the fryer plate/frying plate (22) comprising:
a holding portion (clearly shown in the figure below) for holding food and comprising a first air hole/through hole (221) (English Translation Pg. 4 Para 9; holding portion is a top surface of the fryer plate/frying plate (22)); and
a support portion (clearly shown in the figure below) coupled to the holding portion/ top surface of the fryer plate/frying plate (22) (English Translation Pg. 4 Para 9; support portion is an edge of the fryer plate/frying plate (22) erected on step (25)),
wherein the support portion is also coupled to the fryer basket/frying basket main body (23), the holding portion is spaced apart from an inner bottom wall surface (clearly shown in the figure below) of the fryer basket/frying basket main body (23), and a first air passage (as shown in the figure below by dotted arrow) is formed between the holding portion and the inner bottom wall surface of the fryer basket/frying basket main body (23) and is in connection with the first air hole/through hole (221) (English Translation Pg. 4 Para 9; support portion is coupled to the fryer basket/frying basket main body via. step (25)).
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Regarding claim 2, Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) further comprising a lateral wall portion (clearly shown in the figure above) on a periphery of the holding portion, the lateral wall portion and the holding portion defining an accommodation space with an upward opening (support portion is at a height with respect to holding portion and is connected to the holding portion via lateral wall portion);
wherein at least a part of the lateral wall portion is spaced apart from an inner side wall surface of the fryer basket/frying basket main body (23), and a second air passage (as shown in the figure above by dotted arrow) is formed between the at least part of the lateral wall portion and the inner sidewall surface of the fryer basket/frying basket body (23) (clearly shown in the figure above);
an upper end of the second air passage is in connection with an upper surface of the lateral wall portion, and a lower end of the second air passage is in connection with the first air passage (clearly seen in the figure above).
Regarding claim 10 (as best understood), Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein a plurality of first air holes comprising the first air hole/through hole (221) are spaced apart from each other on the holding portion (clearly seen in figure 5).
Regarding claim 16 (as best understood), Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein a plurality of first air holes comprising the first air hole are present and extend along a spiral direction around a center line of holding portion (clearly seen in figure 5).
Regarding claim 17 (as best understood), Zhang ‘949 teaches (figures 1-5) a fryer basket assembly comprising a fryer basket/frying basket main body (23) and a fryer plate/frying plate (22) accommodated inside a fryer basket/frying basket main body (23) (English Translation Pg. 4 Para 3, 9; fryer plate/frying plate can be used alone), wherein the fryer plate/frying plate (22) comprises:
a holding portion (clearly shown in the figure below) for holding food and comprising a first air hole/through hole (221) (English Translation Pg. 4 Para 9; holding portion is a top surface of the fryer plate/frying plate (22)); and
a support portion (clearly shown in the figure below) coupled to the holding portion/ top surface of the fryer plate/frying plate (22) (English Translation Pg. 4 Para 9; support portion is an edge of the frying plate/frying plate (22) erected on step (25)),
wherein the support portion is also coupled to the fryer basket/frying basket main body (23), the holding porting is spaced apart from an inner bottom wall surface (clearly shown in the figure below) of the fryer basket/frying basket main body (23), and a first air passage (as shown in the figure below by dotted arrow) is formed between the holding portion and the inner bottom wall surface of the fryer basket/frying basket main body (23) and is in connection with the first air hole/through hole (221) (English Translation Pg. 4 Para 9; support portion is coupled to the fryer basket via step (25)).
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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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) in view of Zhu (CN 114847767).
Regarding claim 1 (as best understood), Zhang ‘949 teaches (figures 1-5) a fryer plate/frying plate (22) being accommodated inside a fryer basket/frying basket main body (23) (English Translation Pg. 4 Para 3, 9; frying plate/frying plate can be used alone), the fryer plate/frying plate (22) comprising:
a holding portion (clearly shown in the figure below) for holding food and comprising a first air hole/through hole (221) (English Translation Pg. 4 Para 9; holding portion is a top surface of the fryer plate/frying plate (22)); and
the holding portion is spaced apart from an inner bottom wall surface (clearly shown in the figure below) of the fryer basket/frying basket main body (23), and a first air passage (as shown in the figure below by dotted arrow) is formed between the holding portion and the inner bottom wall surface of the fryer basket/frying basket main body (23) and is in connection with the first air hole/through hole (221) (English Translation Pg. 4 Para 9; support portion is coupled to the fryer basket/frying basket main body via. step (25)).
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but it is silent about the fryer plate comprising:
a support portion coupled to the holding portion of the fryer plate,
wherein the support portion is also coupled to the fryer basket.
Zhu ‘767 teaches (figures 1-5) a baking tray/fryer plate (3) with a guide rib/support portion (34) arranged on a bottom surface (English Translation Pg. 5 Para 9, Pg. 6 Para 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang ‘949 to incorporate the teachings of Zhu ‘767 to configure the fryer plate comprising:
a support portion coupled to the holding portion of the fryer plate,
wherein the support portion is also coupled to the fryer basket (support portion comes in contact with inner bottom surface of the fryer basket).
One of ordinary skill in art would recognize that doing so would support food from the bottom and enhance stability of the fryer plate.
Regarding claim 3 (as best understood), Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein a plurality of support portions comprising the support portion are discretely arranged on a bottom surface of the holding portion (as modified by Zhu ‘767).
Regarding claim 4, modified Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein the plurality of support portions extends along a spiral direction around a center line of the holding portions (as modified by Zhu ‘767; plurality of support portions are positioned along a spiral direction around the center line of the holding portion).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) as applied to claim 2 above, and further in view of Zhang (US 2021/0369050).
Regarding claim 5 (as best understood), Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein a plurality of support portions comprising the support portion are arranged on an outer peripheral surface of the lateral wall portion (clearly seen in the figure below); and
the plurality of support portions are coupled to the inner sidewall surface of the fryer basket (support portions are coupled to the inner sidewall surface of the fryer basket/frying basket main body (23) via a step (25)).
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but it is silent about the fryer plate wherein a plurality of support portions comprising the support portion are spaced apart from each other along a peripheral direction of the lateral wall portion.
Zhang ‘050 teaches (figures 14-16) a frying basket/fryer plate for air fryer (105) including a basket body (25) wherein the frying basket comprises handle portions/support portions (31s) spaced apart from each other along a peripheral direction of outer side wall/lateral wall portion of the basket body (25) (clearly seen in figure 14) (Para 0030, 0064, 0066).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhang ‘949 to incorporate the teachings of Zhang ‘050 to configure the fryer plate wherein a plurality of support portions comprising the support portion are spaced apart from each other along a peripheral direction of the lateral wall portion.
One of ordinary skill in art would recognize that doing so would enable to easily pick the fryer plate from the air fryer.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) and Zhang (US 2021/0369050) as applied to claim 5 above, and further in view of Stolle (KR 20160092009).
Regarding claim 6, Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) according to claim 5 but it is silent about the fryer plate further comprising a plurality of silicone sleeves in one-to-one correspondence with the plurality of support portions, wherein each silicone sleeve is fitted over the corresponding support portion.
Stolle ‘009 teaches (figures 4-5) a baking apparatus (110) comprising a baking member/fryer plate (116) wherein edge region/support portion (127 of the baking member/fryer plate (116) is formed of silicone rubber (English Translation; Pg. 3 Para 1). Stolle ‘009 further teaches (figures 12-13) an alternative baking member (416) comprising two half shells (430, 431) waffle molds (432, 433) surrounded by silicon rings (434, 435) (English Translation; Pg. 3 Para 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang ‘949 to incorporate the teachings of Stolle ‘009 to configure the fryer plate further comprising a plurality of silicone sleeves in one-to-one correspondence with the plurality of support portions, wherein each silicone sleeve is fitted over the corresponding support portion.
One of ordinary skill in art would recognize that doing so would enhance stability by providing a secure non-slip grip and insulate hands against hot temperature.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) as applied to claim 10 above, and further in view of Zhang (US 2021/0369050).
Regarding claim 11, Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein the holding portion comprises a bottom plate and the plurality of first air holes are on the bottom plate (holding portion is a bottom plate; bottom plate has plurality of first air holes/through holes (221)) but it is silent about the fryer plate wherein the holding portion comprises a guide rib on the bottom plate;
the guide rib protrudes from a top surface of the bottom plate; and
the plurality of first air holes are spaced from the guide rib.
Zhang ‘050 teaches (figures 14-18) a frying basket/fryer plate for air fryer (105) including a basket body (25) wherein a bottom surface of the basket body/bottom plate (25) is provided with bottom convex bulges/guide ribs (26) with first bottom inlet holes (27) and a second bottom inlet holes/first air holes (32) provided at intervals between adjacent bottom convent bulges/guide ribs (26) (Para 0064-0065).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhang ‘949 to incorporate the teachings of Zhang ‘050 to configure the fryer plate wherein the holding portion comprises a guide rib on the bottom plate;
the guide rib protrudes from a top surface of the bottom plate; and
the plurality of first air holes are spaced from the guide rib.
One of ordinary skill in art would recognize that doing so would elevate the food from the bottom plate and enhances cooking by enabling increased airflow between food and the bottom plate.
Regarding claim 12, modified Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein the guide rib comprises a fourth air hole (as modified by Zhang ‘050).
Regarding claim 13 (as best understood), modified Zhang ‘949 teaches (figures 1-5)the fryer plate/frying plate (22) wherein a plurality of guide ribs comprising the guide rib are spaced apart from each other along a peripheral direction of the holding portion (as modified by Zhang ‘050 fig. 15) ;
each of the plurality of guide ribs extends along a spiral direction around a center line of the bottom plate (as modified by Zhang ‘050 fig. 15); and
at least one first air hole is present between adjacent guide ribs (as modified by Zhang ‘050 fig. 15).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) and Zhang (US 2021/0369050) as applied to claim 11 above, and further in view of Anthony et al. (US 2019/0254476).
Regarding claim 14, modified Zhang ‘949 teaches (figures 1-5) the fryer plate/frying plate (22) wherein the guide rib comprises:
a plurality of first guide ribs, each first guide rib extending along a spiral direction around a center line of the bottom plate, and the plurality of first guide ribs being spaced apart from each other along a peripheral direction of the holding portion (as modified by Zhang ‘050 fig. 15)
but it is silent about the fryer plate wherein the guide rib comprises:
a plurality of second guide ribs, each second guide rib extending along the peripheral direction of the holding portion, and at least one second guide rib being arranged between any two adjacent first guide ribs.
Anthony et al. ‘476 teaches (figures 1-12) a cooking system (20) comprising a support body/fryer plate (100) within an interior (38) of the cooking container (36) wherein the support body/fryer plate (100) comprises a plurality of ribs (108) extending from an upper surface (110) of the body (102) wherein the plurality of ribs (108) vary in size or shape based on the position o of the rib (108) wherein longer ribs (116) extend radially outwardly from a center opening (118) and the intermediate ribs (115) and shorter ribs (117) arranged between longer ribs (116) (Para 0069-0070, 0086).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhang ‘749 to incorporate the teachings of Anthony et al. ‘476 to configure the fryer plate wherein the guide rib comprises:
a plurality of second guide ribs, each second guide rib extending along the peripheral direction of the holding portion, and at least one second guide rib being arranged between any two adjacent first guide ribs (spaces between second bottom inlet holes (32) in Zhang ‘050 can be used to add additional smaller guide ribs).
One of ordinary skill in art would recognize that doing so would enable to maximize the number of guide ribs on the fryer plate which in turn ensures maximum portion of food is elevated to maximize airflow between the food and bottom plate.
Regarding claim 15, modified Zhang ‘718 teaches (figures 1-10) the fryer plate/frying board (22) wherein the plurality of second guide ribs and the plurality of first air holes are arranged between any two adjacent first guide ribs and the plurality of second guide ribs and the plurality of first air holes between any two adjacent first guide ribs are alternately arranged along a radial direction of the holding portion (as modified by Anthony et al. ‘476 and Zhang ‘050).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) as applied to claim 17, and further in view of Zhang (US 2021/0369050).
Regarding claim 18 (as best understood), Zhang ‘949 teaches (figures 1-5) the fryer basket assembly wherein:
the fryer plate/frying plate (22) further comprises a lateral wall portion (clearly shown in the figure above) on a periphery of the holding portion, the lateral wall portion and the holding portion defining an accommodation space with an upward opening (support portion is at a height with respect to holding portion and is connected to the holding portion via lateral wall portion); and
there are a plurality of support portions comprising the support portion arranged on an outer peripheral surface of the lateral wall portion (clearly seen in the figure below); and
the fryer basket/frying basket main body (23) comprises a plurality of limiting protrusions/steps (25) on an inner peripheral surface/side wall of the fryer basket/frying basket body (23) (English Translation Pg. 4 Para 9);
a number of limiting protrusions/step (25) being equal to a number of the support portions (English Translation Pg. 4 Para 9); and
each support portion abuts against a top surface of the correspond limiting protrusion (clearly seen in figure 1).
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but it is silent about the fryer basket wherein:
there are a plurality of support portions comprising the support portion spaced apart from each other along a peripheral direction of the lateral wall portion; and
the plurality of limiting protrusions are spaced apart from each other along a peripheral direction of the fryer basket.
Zhang ‘050 teaches (figures 14-16) a frying basket/fryer plate for air fryer (105) including a basket body (25) wherein the frying basket comprises handle portions/support portions (31s) spaced apart from each other along a peripheral direction of outer side wall/lateral wall portion of the basket body (25) (clearly seen in figure 14) (Para 0030, 0064, 0066).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhang ‘949 to incorporate the teachings of Zhang ‘050 to configure the fryer basket wherein:
there are a plurality of support portions comprising the support portion spaced apart from each other along a peripheral direction of the lateral wall portion; and
the plurality of limiting protrusions are spaced apart from each other along a peripheral direction of the fryer basket (support portions abuts against a top surface of limiting protrusions).
One of ordinary skill in art would recognize that doing so would enable to easily pick the fryer plate from the air fryer.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) as applied to claim 17 above, and further in view of Itzkowitz et al. (US 2022/0125241).
Regarding claim 19, Zhang ‘949 teaches (figures 1-5) the fryer basket assembly according to claim 17 but it is silent about the fryer basket assembly wherein the fryer basket comprises a plurality of fifth air holes on a side wall of the fryer basket.
Itzkowitz et al. ‘241 teaches (figure 3) a cooker (105) with an air fry insert (500) and an air fry basket/fryer plate (800) located within the air fry insert/fryer basket (500) wherein the air fry insert (500) comprises an air inlet vents/holes (700) (Para 0048, 0058).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang ‘949 to incorporate the teachings of Itzkowitz et al. ‘241 to configure the fryer basket assembly wherein the fryer basket comprises a plurality of fifth air holes on a side wall of the fryer basket.
One of ordinary skill in art would recognize that doing so would direct heated air directly from a side wall across food positioned in the fryer plate (Para 0058).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 113287949) in view of Zhang (US 2021/0369050).
Regarding claim 20 (as best understood), Zhang ‘949 teaches (figures 1-5) an air fryer, comprising, a heat circulation fan (4), a heating device (3), a fryer basket/frying basket main body (23) and a fryer plate/frying plate (22) accommodated inside the fryer basket/frying basket body (23) (English Translation Pg. 4 Para 3, 9; Pg. 5 Para 2; frying plate/frying plate can be used alone),
the heat circulation fan (4) blows air downwards (English Translation Pg. 2 Para 3);
the air is heated through the heating device (3) and enters the fryer basket/frying basket main body (23) (English Translation Pg. 2 Para 3),
wherein the fryer plate/frying plate (22) comprises:
a holding portion (clearly shown in the figure below) holding food and comprising a first air hole/through hole (221) (English Translation Pg. 4 Para 9; holding portion is a top surface of the fryer plate/frying plate (22)); and
a support portion (clearly shown in the figure below) coupled to the holding portion/ top surface of the fryer plate/frying plate (22) (English Translation Pg. 4 Para 9; support portion is an edge of the frying plate/frying plate (22) erected on step (25)),
the support portion is coupled to the fryer basket/frying basket main body (23), the holding portion is spaced apart from an inner bottom wall surface (clearly shown in the figure below) of the fryer basket/frying basket main body (23), and a first air passage (as shown in the figure below by dotted arrow) is formed between the holding portion and the inner bottom wall surface of the fryer basket/frying basket main body (23) and is in connection with the first air hole/through hole (221) (English Translation Pg. 4 Para 3, 9; support portion is coupled to the fryer basket via step (25)),
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but it is silent about the air fryer comprising a motor and a heating device as a heating tube, wherein the motor drives the heat circulation fan to rotate.
Zhang ‘050 teaches (figure 1) an air fryer comprising a heating pipe/tube (8), a fan assembly (40) and a motor (43) wherein motor (43) drives the fan assembly (40) to rotate and the airflow generated thereby flow towards the heating pipe (8) (Para 0049).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang ‘949 to incorporate the teachings of Zhang ‘050 to configure a motor and a heating device as a heating tube, wherein the motor drives the heat circulation fan to rotate.
One of ordinary skill in art would recognize that doing so would drive fan to generate heated airflow inside the air fryer.
Conclusion
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/ASHESH DANGOL/Primary Examiner, Art Unit 3642
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