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 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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Metz (DE 102005040481) in view of Franklin et al. (US 2012/0138593).
With regard to claim 1, Metz teaches an open food storage container(A; FIG. 1), comprising: a housing (A) comprising a bottom, right and left side walls (12/12), and first and second end portions (see illustrated FIG) that in combination establish a holding volume, wherein the side walls (12/12) and end portions (see illustrated FIG) are arranged with the right side wall (12 – right side adjacent second end portion) extending from the first and second end portions and the left side wall (12 – left side adjacent first end portion) also extending from the first and second end portions; the first end portion includes a first air handling unit (9), wherein the first air handling unit (9) is configured to draw air in a first direction (see illustrated FIG) through a suction substantially parallel to a plane parallel to one or both of the right and left side walls and discharge air in a second direction (see illustrated FIG) substantially perpendicular to the plane, the second end portion includes a second air handling unit and a second heating element, wherein the second air handling unit is configured to draw air in a third direction through a suction, wherein the third direction (see illustrated FIG) is opposite from the first direction and substantially parallel to the plane, and discharge air in the second direction (see illustrated FIG).
PNG
media_image1.png
755
1006
media_image1.png
Greyscale
Metz does teach heating elements; however, the citation does not teach the first end portion including both the first air handling unit and a first heating element; however, Franklin from the same field of endeavor directed toward open warming cabinet teaches the aforementioned limitation of the air handling unit 62 and heater 64: “The flow of heated air that establishes the air curtain 57 across the front opening 19 as well as the flow of heated air 53, 55 that flows through the internal volume 18 of the container 10 is created by one or more fans 62 and one or more heating elements 64 (either electric or gas) that may be disposed within a partially enclosed mechanical compartment of the container 10, for example in an upper compartment 51. Alternatively, the fans 62 and the heating elements 64 may be disposed in other locations within the container 10, i.e. within the ventilation duct 50, to limit the possibility of personal injury due to unintended contact with the fans 62 and/or the heating elements 64.”, para. [0017].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Metz reference, such that the first end portion including the first air handling unit and a first heating element, as suggested and taught by Franklin, for the purpose of providing a predetermined amount of heated air to a given location.
With regard to claim 2, Metz teaches the first air handling unit (9 – left side adjacent first end portion) and the second air handling unit (9 – right side adjacent second end portion) each include fans (“The forced control The process air is essentially done by fans in the upper Area of the wall slices are arranged and the sucked air into the diffuser.”), wherein the fan in the first air handling unit (9 - left side adjacent first end portion) rotates in a clockwise direction when viewed straight on from the holding volume, and the fan in the second air handling unit (9 – right side adjacent second end portion) rotates in a counter-clockwise direction when viewed straight on from the holding volume (inherently present as the illustrated air flow (with a specific emphasis upon the “air – second direction”) present in the illustrated figure would not occur without such a rotational movement of the fans).
Claims 3, 4, 10, 11, 14-17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Metz (DE 102005040481) in view of Franklin et al. (US 2012/0138593) and Pawlick (CA 2597125).
With regard to claim 3, Metz teaches an open food storage container(A; FIG. 1), comprising: a housing (A) comprising a bottom, right and left side walls (12/12), and first and second end portions (see illustrated FIG) that in combination establish a holding volume, wherein the side walls (12/12) and end portions (see illustrated FIG) are arranged with the right side wall (12 – right side adjacent second end portion) extending from the first and second end portions and the left side wall (12 – left side adjacent first end portion) also extending from the first and second end portions; the first end portion includes a first air handling unit (9), wherein the first air handling unit (9) is configured to draw air in a first direction (see illustrated FIG) through a suction substantially parallel to a plane parallel to one or both of the right and left side walls and discharge air in a second direction (see illustrated FIG) substantially perpendicular to the plane, the second end portion includes a second air handling unit and a second heating element, wherein the second air handling unit is configured to draw air in a third direction through a suction, wherein the third direction (see illustrated FIG) is opposite from the first direction and substantially parallel to the plane, and discharge air in the second direction (see illustrated FIG).
PNG
media_image1.png
755
1006
media_image1.png
Greyscale
Metz does teach heating elements; however, the citation does not teach the first end portion including both the first air handling unit and a first heating element; however, Franklin from the same field of endeavor directed toward open warming cabinet teaches the aforementioned limitation of the air handling unit 62 and heater 64: “The flow of heated air that establishes the air curtain 57 across the front opening 19 as well as the flow of heated air 53, 55 that flows through the internal volume 18 of the container 10 is created by one or more fans 62 and one or more heating elements 64 (either electric or gas) that may be disposed within a partially enclosed mechanical compartment of the container 10, for example in an upper compartment 51. Alternatively, the fans 62 and the heating elements 64 may be disposed in other locations within the container 10, i.e. within the ventilation duct 50, to limit the possibility of personal injury due to unintended contact with the fans 62 and/or the heating elements 64.”, para. [0017].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Metz reference, such that the first end portion including the first air handling unit and a first heating element, as suggested and taught by Franklin, for the purpose of providing a predetermined amount of heated air to a given location.
Furthermore, Metz teaches the first air handling unit (9 – left side adjacent first end portion) and the second air handling unit (9 – right side adjacent second end portion) each include fans (“The forced control The process air is essentially done by fans in the upper Area of the wall slices are arranged and the sucked air into the diffuser.”), wherein the fan in the first air handling unit (9 - left side adjacent first end portion) rotates in a clockwise direction when viewed straight on from the holding volume, and the fan in the second air handling unit (9 – right side adjacent second end portion) rotates in a counter-clockwise direction when viewed straight on from the holding volume (inherently present as the illustrated air flow (with a specific emphasis upon the “air – second direction”) present in the illustrated figure would not occur without such a rotational movement of the fans).
Additionally, it is submitted that Metz does not teach a first tray that is received upon the housing and within the holding volume and the first tray is removable from the housing without the need for use of any tools, and a second tray that is received upon the first tray and within the holding volume, wherein the second tray is removable from the first tray without the need for use of any tools, wherein the first tray comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity, wherein when the first tray is disposed within the housing the left wall of the first tray is proximate to the left side wall of the housing, the right wall of the first tray is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing. However, Pawlick from the same field of endeavor directed toward a cooking method and apparatus teaches the aforementioned limitations: a first tray (224, FIG. 12) that is received upon the housing (“The ovenable cooking apparatus 220 may be suitable for use in commercial foodservice applications. FIGS. 10 through 26 show an ovenable cooking apparatus 220 suitable for foodservice applications.”, pg. 19) and within the holding volume and the first tray (224) is removable from the housing without the need for use of any tools (first tray 224 easily movable via rolled edge 230, FIG. 12), and a second tray (222) that is received upon the first tray (224) and within the holding volume, wherein the second tray (222) is removable from the first tray (224) without the need for use of any tools (using rolled edge 226 as illustrated in FIG. 12: “The wok-shaped basket 256 may be depicted in FIG. 21 and may include a rolled edge 226 to allow stacking of the basket 222 within the container 224.”, pg. 25), wherein the first tray (224) comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity (see FIG. 12 for claimed walls of first tray 224), wherein when the first tray (224) is disposed within the housing the left wall of the first tray (224) is proximate to the left side wall of the housing, the right wall of the first tray (224) is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing (housing is correlated with ovenable cooking environment: (“The ovenable cooking apparatus 220 may be suitable for use in commercial foodservice applications. FIGS. 10 through 26 show an ovenable cooking apparatus 220 suitable for foodservice applications.”, pg. 19)\).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Metz reference, to include a first tray that is received upon the housing and within the holding volume and the first tray is removable from the housing without the need for use of any tools, and a second tray that is received upon the first tray and within the holding volume, wherein the second tray is removable from the first tray without the need for use of any tools, wherein the first tray comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity, wherein when the first tray is disposed within the housing the left wall of the first tray is proximate to the left side wall of the housing, the right wall of the first tray is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing, as suggested and taught by Pawlick, for the purpose of providing an efficient mechanism for cooking several different food items in a separated arrangement from one another.
With regard to claim 4, with regard to the limitation of the first tray comprises a first plurality of adjacent apertures that are disposed on the first end wall proximate to the first heating element at the first end portion when the first tray is disposed within the holding volume, a second plurality of adjacent apertures that are disposed on the second end wall proximate to the second heating element at the second end portion when the first tray is disposed within the holding volume, it is submitted that Pawlick explicitly teaches that apertures may be provided on any/all surfaces of the first tray (224) (“The ovenable cooking apparatus 220 may include a passage for providing airflow and steam flow for cooking the second food component 236. These passages may be defined by the basket 222 and the container 224, and allow an area through which steam may pass to transfer heat andlor steam to the second food component 236. The passage may be defined between the 3o bottom or base 240 of the basket 222 and the top surface of the second food component 236. Cooking the liquid-based second food component 236 generates steam, which may travel across this passage to contact the basket 222 and heat or steam the second food component 236. In the methods illustrated in FIGS. 12, 13, and 15, the passage may be a rectangular prism. However, it will be appreciated that the prism may be shaped differently, such as in a concave shape for increasing the surface area of the basket 222 adjacent to the passage (as depicted in FIG. 21). The passages may take the form of openings 238 that may be located at the base 240 of the basket 222. The openings 238 may include apertures such as perforations, pores, holes, slits, outlets, slots, vents, gaps, pricks, or the like to facilitate steaming when steaming may be desired.”, pg. 19-20). In view of the foregoing, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device of the primary prior art citation as claimed in view of the aforementioned teachings of Pawlick regarding apertures as a matter of routine experimentation and/or to maximize a heating operation by including apertures at predetermined locations since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 10, Pawlick teaches first end wall of the first tray (224) is planar (FIG. 12), and the second end wall includes a first planar portion and second planar portion (FIG. 12 illustrates first tray having a second end wall with a first planar portion (arranged vertically) and second planar portion (intersecting the vertical first planar portion and the rolled edge 230), wherein the first planar portion and the second planar portion intersect at a horizontal edge (intersection point between the first and second planar portions), wherein the first planar portion is disposed at a smaller angle with respect to the bottom wall than the second planar portion is disposed with respect to the bottom wall (see annotated FIG. 12).
PNG
media_image2.png
810
919
media_image2.png
Greyscale
With regard to claim 11, Pawlick teaches the first planar portion of the second end wall is about perpendicular to the bottom wall and the second planar portion of the first or second end wall is at an obtuse angle to the bottom wall (see annotated FIG. 12).
With regard to claim 14, with regard to the limitation of the first plurality of adjacent apertures upon the first end wall are disposed such that every or an overwhelming majority of the apertures within the first plurality of adjacent apertures is closer to the left wall of the first tray than the right wall of the first tray, it is submitted that Pawlick explicitly teaches that apertures may be provided on any/all surfaces of the first tray (224) (“The ovenable cooking apparatus 220 may include a passage for providing airflow and steam flow for cooking the second food component 236. These passages may be defined by the basket 222 and the container 224, and allow an area through which steam may pass to transfer heat andlor steam to the second food component 236. The passage may be defined between the 3o bottom or base 240 of the basket 222 and the top surface of the second food component 236. Cooking the liquid-based second food component 236 generates steam, which may travel across this passage to contact the basket 222 and heat or steam the second food component 236. In the methods illustrated in FIGS. 12, 13, and 15, the passage may be a rectangular prism. However, it will be appreciated that the prism may be shaped differently, such as in a concave shape for increasing the surface area of the basket 222 adjacent to the passage (as depicted in FIG. 21). The passages may take the form of openings 238 that may be located at the base 240 of the basket 222. The openings 238 may include apertures such as perforations, pores, holes, slits, outlets, slots, vents, gaps, pricks, or the like to facilitate steaming when steaming may be desired.”, pg. 19-20). In view of the foregoing, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device of the primary prior art citation as claimed in view of the aforementioned teachings of Pawlick regarding apertures as a matter of routine experimentation and/or to maximize a heating operation by including apertures at predetermined locations since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 15, with regard to the limitation of the second plurality of adjacent apertures upon the second end wall are disposed such that every or an overwhelming majority of the apertures within the second plurality of adjacent apertures is closer to the left wall of the first tray than the right wall of the first tray, it is submitted that Pawlick explicitly teaches that apertures may be provided on any/all surfaces of the first tray (224) (“The ovenable cooking apparatus 220 may include a passage for providing airflow and steam flow for cooking the second food component 236. These passages may be defined by the basket 222 and the container 224, and allow an area through which steam may pass to transfer heat andlor steam to the second food component 236. The passage may be defined between the 3o bottom or base 240 of the basket 222 and the top surface of the second food component 236. Cooking the liquid-based second food component 236 generates steam, which may travel across this passage to contact the basket 222 and heat or steam the second food component 236. In the methods illustrated in FIGS. 12, 13, and 15, the passage may be a rectangular prism. However, it will be appreciated that the prism may be shaped differently, such as in a concave shape for increasing the surface area of the basket 222 adjacent to the passage (as depicted in FIG. 21). The passages may take the form of openings 238 that may be located at the base 240 of the basket 222. The openings 238 may include apertures such as perforations, pores, holes, slits, outlets, slots, vents, gaps, pricks, or the like to facilitate steaming when steaming may be desired.”, pg. 19-20). In view of the foregoing, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device of the primary prior art citation as claimed in view of the aforementioned teachings of Pawlick regarding apertures as a matter of routine experimentation and/or to maximize a heating operation by including apertures at predetermined locations since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 16, Pawlick teaches the surface of the second tray facing the receiving volume comprise a plurality of spaced stand-offs (“protrusion segments 174”) that extend outwardly from planar surfaces that are aligned to establish food resting surfaces of the second tray.
With regard to claim 17, with regard to the limitation of the second tray comprises a fifth plurality of apertures wherein air between the first and second trays blows through the plurality of fifth apertures and into the receiving volume, it is submitted that Pawlick explicitly teaches that apertures may be provided on any/all surfaces of the first tray (224) (“The ovenable cooking apparatus 220 may include a passage for providing airflow and steam flow for cooking the second food component 236. These passages may be defined by the basket 222 and the container 224, and allow an area through which steam may pass to transfer heat andlor steam to the second food component 236. The passage may be defined between the 3o bottom or base 240 of the basket 222 and the top surface of the second food component 236. Cooking the liquid-based second food component 236 generates steam, which may travel across this passage to contact the basket 222 and heat or steam the second food component 236. In the methods illustrated in FIGS. 12, 13, and 15, the passage may be a rectangular prism. However, it will be appreciated that the prism may be shaped differently, such as in a concave shape for increasing the surface area of the basket 222 adjacent to the passage (as depicted in FIG. 21). The passages may take the form of openings 238 that may be located at the base 240 of the basket 222. The openings 238 may include apertures such as perforations, pores, holes, slits, outlets, slots, vents, gaps, pricks, or the like to facilitate steaming when steaming may be desired.”, pg. 19-20). In view of the foregoing, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device of the primary prior art citation as claimed in view of the aforementioned teachings of Pawlick regarding apertures as a matter of routine experimentation and/or to maximize a heating operation by including apertures at predetermined locations since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With regard to claim 19, Pawlick teaches when the second tray (222) in installed within the open cavity of the first tray (224), a bottom of the second tray (222) is disposed above all or a overwhelming majority of the first and second plurality of adjacent apertures (FIG. 12) (“FIGS. 11 through 13 depict the basket 222 that may be suitable for foodservice applications. The basket 222 may include openings 238 that extend through the base 240 of the basket 222. Basket 222 may also include openings 238 along the sidewalls 250 of the basket 222.”).
With regard to claim 20, Pawlick teaches the right and left side walls of the housing are substantially parallel with each other (FIG. 12 illustrates the left side wall and the right sidewall is a mirror image of the left side wall).
With regard to claim 21, Metz teaches an open food storage container(A; FIG. 1), comprising: a housing (A) comprising a bottom, right and left side walls (12/12), and first and second end portions (see illustrated FIG) that in combination establish a holding volume, wherein the side walls (12/12) and end portions (see illustrated FIG) are arranged with the right side wall (12 – right side adjacent second end portion) extending from the first and second end portions and the left side wall (12 – left side adjacent first end portion) also extending from the first and second end portions; the first end portion includes a first air handling unit (9), wherein the first air handling unit (9) is configured to draw air in a first direction (see illustrated FIG) through a suction substantially parallel to a plane parallel to one or both of the right and left side walls and discharge air in a second direction (see illustrated FIG) substantially perpendicular to the plane, the second end portion includes a second air handling unit and a second heating element, wherein the second air handling unit is configured to draw air in a third direction through a suction, wherein the third direction (see illustrated FIG) is opposite from the first direction and substantially parallel to the plane, and discharge air in the second direction (see illustrated FIG).
PNG
media_image1.png
755
1006
media_image1.png
Greyscale
Metz does teach heating elements; however, the citation does not teach the first end portion including both the first air handling unit and a first heating element; however, Franklin from the same field of endeavor directed toward open warming cabinet teaches the aforementioned limitation of the air handling unit 62 and heater 64: “The flow of heated air that establishes the air curtain 57 across the front opening 19 as well as the flow of heated air 53, 55 that flows through the internal volume 18 of the container 10 is created by one or more fans 62 and one or more heating elements 64 (either electric or gas) that may be disposed within a partially enclosed mechanical compartment of the container 10, for example in an upper compartment 51. Alternatively, the fans 62 and the heating elements 64 may be disposed in other locations within the container 10, i.e. within the ventilation duct 50, to limit the possibility of personal injury due to unintended contact with the fans 62 and/or the heating elements 64.”, para. [0017].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Metz reference, such that the first end portion including the first air handling unit and a first heating element, as suggested and taught by Franklin, for the purpose of providing a predetermined amount of heated air to a given location.
Furthermore, Metz teaches the first air handling unit (9 – left side adjacent first end portion) and the second air handling unit (9 – right side adjacent second end portion) each include fans (“The forced control The process air is essentially done by fans in the upper Area of the wall slices are arranged and the sucked air into the diffuser.”), wherein the fan in the first air handling unit (9 - left side adjacent first end portion) rotates in a clockwise direction when viewed straight on from the holding volume, and the fan in the second air handling unit (9 – right side adjacent second end portion) rotates in a counter-clockwise direction when viewed straight on from the holding volume (inherently present as the illustrated air flow (with a specific emphasis upon the “air – second direction”) present in the illustrated figure would not occur without such a rotational movement of the fans).
Additionally, it is submitted that Metz does not teach a first tray that is received upon the housing and within the holding volume and the first tray is removable from the housing without the need for use of any tools, and a second tray that is received upon the first tray and within the holding volume, wherein the second tray is removable from the first tray without the need for use of any tools, wherein the first tray comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity, wherein when the first tray is disposed within the housing the left wall of the first tray is proximate to the left side wall of the housing, the right wall of the first tray is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing. However, Pawlick from the same field of endeavor directed toward a cooking method and apparatus teaches the aforementioned limitations: a first tray (224, FIG. 12) that is received upon the housing (“The ovenable cooking apparatus 220 may be suitable for use in commercial foodservice applications. FIGS. 10 through 26 show an ovenable cooking apparatus 220 suitable for foodservice applications.”, pg. 19) and within the holding volume and the first tray (224) is removable from the housing without the need for use of any tools (first tray 224 easily movable via rolled edge 230, FIG. 12), and a second tray (222) that is received upon the first tray (224) and within the holding volume, wherein the second tray (222) is removable from the first tray (224) without the need for use of any tools (using rolled edge 226 as illustrated in FIG. 12: “The wok-shaped basket 256 may be depicted in FIG. 21 and may include a rolled edge 226 to allow stacking of the basket 222 within the container 224.”, pg. 25), wherein the first tray (224) comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity (see FIG. 12 for claimed walls of first tray 224), wherein when the first tray (224) is disposed within the housing the left wall of the first tray (224) is proximate to the left side wall of the housing, the right wall of the first tray (224) is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing (housing is correlated with ovenable cooking environment: (“The ovenable cooking apparatus 220 may be suitable for use in commercial foodservice applications. FIGS. 10 through 26 show an ovenable cooking apparatus 220 suitable for foodservice applications.”, pg. 19)\).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Metz reference, to include a first tray that is received upon the housing and within the holding volume and the first tray is removable from the housing without the need for use of any tools, and a second tray that is received upon the first tray and within the holding volume, wherein the second tray is removable from the first tray without the need for use of any tools, wherein the first tray comprises right and left side walls, first and second end walls, and a bottom wall, wherein the right and left side walls, the first and second end walls, and the bottom wall collectively establish an open cavity, wherein when the first tray is disposed within the housing the left wall of the first tray is proximate to the left side wall of the housing, the right wall of the first tray is proximate to the right side wall of the housing, the first end wall is proximate to the first end portion of the housing, and the second end wall is proximate to the second end portion of the housing, as suggested and taught by Pawlick, for the purpose of providing an efficient mechanism for cooking several different food items in a separated arrangement from one another.
Allowable Subject Matter
Claims 5-9, 12, 13, and 18 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.
With regard to “objected to” claim 5, a new independent claim which includes ALL of the
limitations of claims 1, 3, 4, and 5. The remaining “objected to” claims due to their direct and/or indirect dependency from claim 5.
With regard to “objected to” claim 12, a new independent claim which includes ALL of the limitations of claims 1, 3, 10, and 12. The remaining “objected to” claim 13 due to its direct dependency from claim 12.
With regard to “objected to” claim 18, a new independent claim which includes ALL of the limitations of claims 1, 3, 4, 16, 17, and 18
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 EST.
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, IBRAHIME ABRAHAM can be reached on 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761