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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/28/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Specification
The disclosure is objected to because of the following informalities:
“The fastener 323” [0055], should read “the fastener 33.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Adjustment assembly” in claim 1 and 10. This limitation uses the generic placeholder “assembly” (Prong A); the term “assembly” is modified by functional language “adjustment” (Prong B); and the term “assembly” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “adjustment assembly” will be interpreted as “a fixed ear portion and an adjustment member” and “a fastener,” and equivalents, as indicated by: “the adjustment assembly comprises a fixed ear portion and an adjustment member” (claim 2), “the adjustment assembly further comprises a fastener” (claim 3), and “the adjustment assembly includes a fixed ear portion and an adjustment member… the adjustment assembly further includes a fastener” [0009-0010].
“At least two adjustment assemblies” in claim 6. This limitation uses the generic placeholder “assemblies” (Prong A); the term “assemblies” is modified by functional language “adjustment” (Prong B); and the term “assemblies” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “adjustment assemblies” will be interpreted as “a fixed ear portion and an adjustment member” and “a fastener,” and equivalents, as indicated by: “the adjustment assembly comprises a fixed ear portion and an adjustment member” (claim 2), “the adjustment assembly further comprises a fastener” (claim 3), and “the adjustment assembly includes a fixed ear portion and an adjustment member… the adjustment assembly further includes a fastener” [0009-0010].
“Adjustment member” in claims 2-7. This limitation uses the generic placeholder “member” (Prong A); the term “member” is modified by functional language “adjustment” (Prong B); and the term “member” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “adjustment member” will be interpreted as “a side plate and a pressing plate” and equivalents, as indicated by: “the adjustment member comprises a side plate and a pressing plate vertically connected to the side plate” (claim 8) and “the adjustment member includes a side plate and a pressing plate vertically connected to the side plate” [0015].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9 and 10 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 9 recites the limitation "a grill" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a grill” is already established in claim 1, and claim 9 depends from claim 1, thus it is unclear whether applicant intends to claim another “grill” or the same “grill” established in claim 1.
Claim 10 is rejected for its dependence on an indefinite claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luo et al. (CN 210582237 U), hereinafter Luo.
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Annotated Figure 1 (Luo)
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Figure 6 (Luo)
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Figure 7 (Luo)
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Regarding claim 1, Luo discloses a baking pan (Fig. 2, “movable frame assembly 41” and “oil receiving tray 42” [0041]), applied in a grill (Annotated Fig. 1, “Grill”), comprising: a pan body (Fig. 2, “oil receiving tray 42” [0041]); and an adjustment assembly (Fig. 2, “movable frame assembly 41” [0041]) provided on one side of the pan body (Fig. 2, “oil receiving tray 42” [0041]) and configured to move relative to the pan body (Fig. 2, “oil receiving tray 42” [0041]) to adjust a width or a length (“a slide rail 4111 for sliding the sliding frame 410 back and forth” [0041]) of the baking pan (Fig. 2, “movable frame assembly 41” and “oil receiving tray 42” [0041]).
Regarding claim 2, Luo further discloses wherein the adjustment assembly (Fig. 2, “movable frame assembly 41” [0041]) comprises a fixed ear portion (Fig. 2, “sliding frame 410” [0041]) and an adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]); the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) is relatively protruding from the pan body (Annotated Fig. 14, “oil receiving tray 42” [0041]), and the adjustment member (Fig. 6, “slide rail seat 411” and “lifting plate 412” [0041]) is movably installed on the fixed ear portion (Fig. 12, “sliding frame 410” [0041]) and is configured to move (“a slide rail 4111 for sliding the sliding frame 410 back and forth” [0041]) relative to the fixed ear portion (Fig. 12, “sliding frame 410” [0041]).
Regarding claim 3, Luo further discloses wherein the adjustment assembly (Fig. 2, “movable frame assembly 41” [0041]) further comprises a fastener (Annotated Fig. 8, “second screws 8” [0041]); the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) is provided with a fixed hole (Annotated Fig. 8, “Fixed Hole”; “second screws 8 are fixed on both sides of the sliding frame 410” [0041]; Examiner note: A fixed hole, more specifically two fixed holes, are necessarily present in the “sliding frame 410,” since the “second screws 8” are fixed on both sides of the “sliding frame 410.” The “sliding frame 410” inherently has fixed holes otherwise the “second screws 8” would have no way of screwing into the “sliding frame 410”), and the adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]) is provided with a limiting hole (Fig. 6, “slide rail 4111” [0041]); the fastener (Annotated Fig. 8, “second screws 8” [0041]) is penetrated through the limiting hole (Fig. 6, “slide rail 4111” [0041]) and the fixed hole (Annotated Fig. 8, “Fixed Hole”) to be connected to the adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]) and the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) (”second screws 8 are fixed on both sides of the sliding frame 410, which are adapted to slide in the slide rail 4111. The cooperation between the second screws 8 and the slide rail 4111 allows the sliding frame 410 to move back and forth along the direction of the slide rail 4111” [0041]).
Regarding claim 4, Luo further discloses wherein the limiting hole (Fig. 6, “slide rail 4111” [0041]) is extended along a width direction of the grill (Annotated Fig. 12, “Width Direction of the Grill”) so that the adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]) is configured to move relative (“a slide rail 4111 for sliding the sliding frame 410 back and forth” [0041]) to the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) and the fastener (Annotated Fig. 8, “second screws 8” [0041]), and one end (Annotated Fig. 12, “End of Adjustment Member Away from Fixed Ear Portion”) of the adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]) away from the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) is abutted against the grill (Annotated Fig. 1, “Grill”).
Regarding claim 6, Luo further discloses wherein at least two adjustment assemblies (Fig. 2, “movable frame assembly 41” [0041]) are provided on two opposite sides of the pan body (Fig. 2, “oil receiving tray 42” [0041]) in a width direction (Annotated Fig. 14, “Width Direction of Pan Body”).
Regarding claim 7, Luo further discloses wherein the fixed ear portion (Annotated Fig.14, “sliding frame 410” [0041]) is bent in a direction (Annotated Fig. 14, “Direction Away from Pan Body”) away from the pan body (Annotated Fig. 14, “oil receiving tray 42” [0041]), and the adjustment member (Annotated Fig. 12, “slide rail seat 411” and “lifting plate 412” [0041]) is provided at a top (Annotated Fig. 12, “Top of the Fixed Ear Portion”) or a bottom of the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]).
Regarding claim 8, Luo further discloses wherein the fixed ear portion (Annotated Fig. 14, “sliding frame 410” [0041]) is configured to protrude towards a height direction (Annotated Fig. 14, “Height Direction of Pan Body”) of the pan body (Fig. 14, “oil receiving tray 42” [0041]); the adjustment member (Fig. 7, “slide rail seat 411” and “lifting plate 412” [0041]) comprises a side plate (Fig. 7, “slide rail seat 411” [0041]) and a pressing plate (Fig. 7, “lifting plate 412” [0041]) vertically connected (“the lifting plate 412 is fixed to the outer edge of the slide rail seat 411 by welding” [0041]) to the side plate (Annotated Fig. 12, “slide rail seat 411” [0041]); the side plate (Annotated Fig. 12, “slide rail seat 411” [0041]) is installed on the fixed ear portion (Annotated Fig. 12, “sliding frame 410” [0041]), and the pressing plate (Annotated Fig. 12, “lifting plate 412” [0041]) is abutted against the grill (Annotated Fig. 12, “grill 40” portion of the “Grill” [0041]).
Regarding claim 9, Luo further discloses a grill (Annotated Fig. 1, “Grill”) comprising a grill body (Fig. 2, “outer shell 9” [0038]), an inner supporting bracket (Fig. 2 and Annotated Fig. 3, “the rear plate 21, the left plate 22, and the right plate 23” [0041]) and the baking pan (Fig. 2, “movable frame assembly 41” and “oil receiving tray 42” [0041]).
Regarding claim 10, Luo further discloses wherein the grill (Annotated Fig. 1, “Grill”) comprises the grill body (Fig. 2, “outer shell 9” [0038]) and the inner supporting bracket (Fig. 2 and Annotated Fig. 3, “the rear plate 21, the left plate 22, and the right plate 23” [0041]), and the inner supporting bracket (Fig. 2 and Annotated Fig. 3, “the rear plate 21, the left plate 22, and the right plate 23” [0041]) is provided inside the grill body (Fig. 2, “outer shell 9” [0038]); the inner supporting bracket (Fig. 2 and Annotated Fig. 3, “the rear plate 21, the left plate 22, and the right plate 23” [0041]) is provided with (“the rear plate 21, the left plate 22, and the right plate 23 are fixed together to form an inner cavity 1” [0041]) an accommodating chamber (Annotated Fig. 1, “inner cavity 1” [0041]), and the baking pan (Fig. 2, “movable frame assembly 41” and “oil receiving tray 42” [0041]) is provided in (“the oil receiving tray 42 and the sliding frame 410 can be pulled out of the oven body 1 from the front end face of the inner cavity 1” [0041]) the accommodating chamber (Annotated Fig. 1, “inner cavity 1” [0041]); the pan body (Fig. 2, “oil receiving tray 42” [0041]) is provided in the accommodating chamber (Annotated Fig. 1, “inner cavity 1” [0041]); a lug (Annotated Fig. 8, “Lug” with “handle 4100” [0041]; Examiner note: Merriam Webster defines Lug as “something (such as a handle) that projects like an ear” https://www.merriam-webster.com/dictionary/lug) is configured to protrude outward on one side of the pan body (Annotated Fig. 14, “oil receiving tray 42” [0041]) away from the adjustment assembly (Fig. 2, “movable frame assembly 41” [0041]), and the lug (Annotated Fig. 8, “Lug” with “handle 4100” [0041]) is abutted against the inner supporting bracket (Fig. 2 and Annotated Fig. 3, “the rear plate 21, the left plate 22, and the right plate 23” [0041]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 210582237 U) in view of Mao (CN 110101313 A).
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Figure 7 (Luo)
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Figure 7 (Luo)
Regarding claim 5, Luo further discloses wherein the fastener (Annotated Fig. 8, “second screws 8” [0041]) is a screw (Annotated Fig. 8, “second screws 8” [0041]); the screw (Annotated Fig. 8, “second screws 8” [0041]) is configured to penetrate the limiting hole (Fig. 6, “slide rail 4111” [0041]) and the fixed hole (Annotated Fig. 8, “Fixed Hole”) in sequence (”second screws 8 are fixed on both sides of the sliding frame 410, which are adapted to slide in the slide rail 4111. The cooperation between the second screws 8 and the slide rail 4111 allows the sliding frame 410 to move back and forth along the direction of the slide rail 4111” [0041]), and a part of the screw (Annotated Fig. 8, “Part of the Screw that is Stopped at Adjustment Member”) is stopped at the adjustment member (Fig. 2, “slide rail seat 411” and “lifting plate 412” [0041]).
Luo does not explicitly disclose a screw comprising a screw rod and a nut.
However, Mao discloses a screw (Mao’s Figs. 8 and 9, “lead screw 630” and “nut 650” [0031]) comprising a screw rod (Mao’s Figs. 8 and 9, “lead screw 630” [0031]) and a nut (Mao’s Figs. 8 and 9, “nut 650” [0031]) (“the lead screw 630 and a nut 650 threaded onto the lead screw 630” [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted the Luo’s screw with the Mao’s screw, because the substitution of one known screw for another would have yielded predictable results of penetrating the limiting hole and the fixed hole in sequence, and stopping at the adjustment member. KSR International Co. v. Teleflex Inc., 550 US 398, 82 USPQ2d 1385 (2007).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Regarding claims 1-4 and 6-10, Suzuki et al. (JP 2010048496 A), hereinafter Suzuki, discloses:
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Figure 1 (Suzuki)
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Figure 4 (Suzuki)
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Figure 5 (Suzuki)
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Figure 10 (Suzuki)
a baking pan (Suzuki’s Fig. 1, “grill plate 40” [0012])
a grill (Suzuki’s Fig. 1, “cooking appliance 100” [0009])
a grill body (Suzuki’s Fig. 1, “box-shaped main body case 1” [0010])
a pan body (Suzuki’s Fig. 10, “recessed plate portion 41” [0023])
at least two adjustment assemblies (Suzuki’s Fig. 1, “metal plate sliding rails 23” and “fixed guide rails 14” [0013] – [0014])
a fixed ear portion (Suzuki’s Fig. 1, “fixed guide rails 14” [0013])
an adjustment member (Suzuki’s Fig. 4, “metal plate sliding rails 23” [0014])
a fastener (Suzuki’s Fig. 4, “retainer 25 holds rotatable rollers 26” [0015])
a side plate (Suzuki’s Annotated Fig. 5, “side plate”)
a pressing plate (Suzuki’s Annotated Fig. 5, “pressing plate”)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA ELIZABETH ULATOWSKI whose telephone number is (571)272-3322. The examiner can normally be reached 9am-6pm.
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 at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.E.U./Examiner, Art Unit 3761 09/30/2026
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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