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 .
DETAILED ACTION
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 bin of claims 6, 12, 17, and 18 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 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.
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.
Claims 1-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bang (KR 200394387 Y1), hereinafter Bang, in view of Narducci (EP 1132034 A1), hereinafter Narducci.
Regarding claims 1-4, Bang discloses a side shelf system for coupling to a portable outdoor cooking station, comprising:
a side shelf including a main wall, a front side wall, a rear side wall, an outer side wall and an inner side wall (“a folding table (50d)” all citations from the machine translation appended to the foreign reference), the inner side wall sized and configured to be pivotably coupled to the cooking station such that the side shelf is moveable between a use position and a pivoted position (“folding table (50a, 50b, 50c, 50d) is, but is to be folded to the side of the body 10 by a hinge 51”), the main wall extending to define a recess therein such that, upon the side shelf being in the use position, the main wall extends to define an upper surface and an underside surface, the underside surface including a wall extending directly downward from the underside surface and adjacently along portions of the recess so as to be set-back from a free end of the main wall that defines the recess, the wall including a ledge extending from the wall such that the ledge extends inward to extend substantially parallel with the underside surface of the main wall and adjacently below the free end (“a shallow groove for fitting a cutting board surface 54 to the upper surface of the folding table (50d) to be separated from the folding table (50d)”); and
an insert sized and configured to be positioned within the recess so as to be positioned over the ledge and below the free end of the main wall (Figures 1 and 3 shows cutting board 54 inset in the groove).
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Bang does not disclose:
the insert configured to be slidably removed from the side shelf in a direction parallel with the upper surface;
wherein the side shelf is configured to facilitate the insert being removed from, or inserted into, the recess along a single side of the side shelf;
wherein the front side wall is the single side of the side shelf;
wherein the recess is sized and configured to retain the insert in the use position and the pivoted position.
However, Narducci teaches:
the insert configured to be slidably removed from the shelf in a direction parallel with the upper surface (“in this embodiment of the invention, in which the work shelf 101 is an integral part of or coincides with the support surface 18 of a piece of furniture 17, the extractable slab 5 is preferably slidingly mounted as a drawer in its housing seat 7 formed in the frame 104” paragraph [0055]);
wherein the shelf is configured to facilitate the insert being removed from, or inserted into, the recess along a single side of the shelf (Figure 2);
wherein the front side wall is the single side of the shelf (Figure 2);
wherein the recess is sized and configured to retain the insert in the use position and the pivoted position (“it is advantageously possible not only to facilitate the insertion and extraction operations of the slab 5 into and from the frame 4, but also to prevent accidental movements of the slab 5 along a vertical direction and away from its seat 7” paragraph [0036]).
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In view of Naraducci’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the insert configured to be slidably removed from the side shelf in a direction parallel with the upper surface as is taught in Naraducci, in the side shelf system disclosed by Bang because Naraducci states that the arrangement facilitates insertion and extraction. Therefore, including the cutting board arrangement of Naraducci will facilitate insertion and extraction of the cutting board of Bang.
Regarding claim 5, Bang, as modified by Naraducci, discloses the side shelf system of claim 1, wherein, upon the insert being positioned in the recess, the ledge and the main wall are positioned along opposite sides of the insert (See figure 3 of Bang and/or figures of Naraducci).
Regarding claim 6, Bang, as modified by Naraducci, discloses the shelf system of claim 1, wherein the insert is at least one of a cutting board and a bin (“a cutting board surface 54”).
Regarding claim 7-10, Bang discloses a cooking station, comprising:
a main body having a framework and panels extending between an upper side and a lower side (“a bridge 40, which is removably coupled to a lower portion of the body (10)”), the main body configured to support one or more heating elements therein (“charcoal mounting table 20”) for heating a cooking surface supported adjacent the upper side of the main body (“grill 30”);
a side shelf including a main wall, a front side wall, a rear side wall, an outer side wall and an inner side wall (“a folding table (50d)”), the inner side wall sized and configured to be pivotably coupled to the cooking station such that the side shelf is moveable between a use position and a pivoted position (“folding table (50a, 50b, 50c, 50d) is, but is to be folded to the side of the body 10 by a hinge 51”), the main wall extending to define a recess therein such that, upon the side shelf being in the use position, the main wall extends to define an upper surface and an underside surface, the underside surface including a wall extending directly downward from the underside surface and adjacently along portions of the recess so as to be set-back from a free end of the main wall that defines the recess, the wall including a ledge extending from the wall such that the ledge extends inward to extend substantially parallel with the underside surface of the main wall and adjacently below the free end (“a shallow groove for fitting a cutting board surface 54 to the upper surface of the folding table (50d) to be separated from the folding table (50d)”); and
an insert sized and configured to be positioned within the recess so as to be positioned over the ledge and below the free end of the main wall (Figures 1 and 3 shows cutting board 54 inset in the groove).
Bang does not disclose:
the insert configured to be slidably removed from the side shelf in a direction parallel with the upper surface;
wherein the side shelf is configured to facilitate the insert being removed from, or inserted into, the recess along a single side of the side shelf;
wherein the front side wall is the single side of the side shelf;
wherein the recess is sized and configured to retain the insert in the use position and the pivoted position.
However, Narducci teaches:
the insert configured to be slidably removed from the shelf in a direction parallel with the upper surface (“in this embodiment of the invention, in which the work shelf 101 is an integral part of or coincides with the support surface 18 of a piece of furniture 17, the extractable slab 5 is preferably slidingly mounted as a drawer in its housing seat 7 formed in the frame 104” paragraph [0055]);
wherein the shelf is configured to facilitate the insert being removed from, or inserted into, the recess along a single side of the shelf (Figure 2);
wherein the front side wall is the single side of the shelf (Figure 2);
wherein the recess is sized and configured to retain the insert in the use position and the pivoted position (“it is advantageously possible not only to facilitate the insertion and extraction operations of the slab 5 into and from the frame 4, but also to prevent accidental movements of the slab 5 along a vertical direction and away from its seat 7” paragraph [0036]).
In view of Naraducci’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the insert configured to be slidably removed from the side shelf in a direction parallel with the upper surface as is taught in Naraducci, in the side shelf system disclosed by Bang because Naraducci states that the arrangement facilitates insertion and extraction. Therefore, including the cutting board arrangement of Naraducci will facilitate insertion and extraction of the cutting board of Bang.
Regarding claim 11, Bang, as modified by Naraducci, discloses the cooking station of claim 7, wherein, upon the insert being positioned in the recess, the ledge and the main wall are positioned along opposite sides of the insert (See figure 3 of Bang and/or figures of Naraducci).
Regarding claim 12, Bang, as modified by Naraducci, discloses the cooking station of claim 7, wherein the insert is at least one of a cutting board and a bin (“a cutting board surface 54”).
Regarding claim 13-16, Bang discloses a method for retaining portions of a side shelf system, the method comprising:
providing an outdoor cooking station with a main body (10), the main body including a side shelf coupled thereto (“a folding table (50d)”), the side shelf defining an upper side and a lower side, the upper side including a recess defined therein, the recess extending from the upper side to the lower side to define containment walls (“a shallow groove for fitting a cutting board surface 54 to the upper surface of the folding table (50d) to be separated from the folding table (50d)”); and
placing an insert into the recess such that the containment walls retain the insert within the recess (Figures 1 and 3 shows cutting board 54 inset in the groove);
wherein the ledge and upper side of the side shelf is positioned along opposite sides of the insert (Figure 3);
further comprising pivoting the side shelf to a pivoted position (“folding table (50a, 50b, 50c, 50d) is, but is to be folded to the side of the body 10 by a hinge 51”).
Bang does not disclose:
sliding an insert into the recess in a direction parallel to the upper side of the side shelf and along a front side of the side shelf such that the containment walls retain the insert within the recess, upon the side shelf being moved between a use position and a pivoted position;
wherein the sliding comprises moving the insert between a ledge and the upper side of the side shelf;
wherein the sliding comprises removing or inserting the insert into the recess along a single side of the side shelf;
maintaining the insert in the recess of the side shelf.
However, Naraducci teaches:
sliding an insert into the recess in a direction parallel to the upper side of the shelf and along a front side of the shelf (“in this embodiment of the invention, in which the work shelf 101 is an integral part of or coincides with the support surface 18 of a piece of furniture 17, the extractable slab 5 is preferably slidingly mounted as a drawer in its housing seat 7 formed in the frame 104” paragraph [0055]) such that the containment walls retain the insert within the recess, upon the shelf being moved (“it is advantageously possible not only to facilitate the insertion and extraction operations of the slab 5 into and from the frame 4, but also to prevent accidental movements of the slab 5 along a vertical direction and away from its seat 7” paragraph [0036]);
wherein the sliding comprises moving the insert between a ledge and the upper side of the shelf (See figures);
wherein the sliding comprises removing or inserting the insert into the recess along a single side of the side shelf (Figure 2);
maintaining the insert in the recess of the side shelf (“it is advantageously possible not only to facilitate the insertion and extraction operations of the slab 5 into and from the frame 4, but also to prevent accidental movements of the slab 5 along a vertical direction and away from its seat 7” paragraph [0036]).
In view of Naraducci’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the steps as is taught in Naraducci, in the side shelf system disclosed by Bang because Naraducci states that the arrangement facilitates insertion and extraction. Therefore, including the cutting board arrangement of Naraducci will facilitate insertion and extraction of the cutting board of Bang.
Regarding claim 18, Bang, as modified by Naraducci, discloses the method according to claim 13, wherein the sliding an insert comprises positioning at least one of a cutting board and a bin at least partially within the recess of the side shelf (“a cutting board surface 54”).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bang, in view of Narducci, and further in view of Russ (US 2609024 A), hereinafter Russ.
Regarding claim 17, Bang, as modified by Naraducci, discloses the method according to claim 13.
Bang, as modified by Naraducci, does not disclose wherein the sliding an insert comprises positioning a flange portion of a bin within the recess of the side shelf.
However, Russ teaches wherein the sliding an insert comprises positioning a flange portion of a bin within the recess (“A sheet metal food receptacle of usual construction, indicated generally at 16 is slidably mounted in the lower part of the frame, and for this purpose longitudinal extending angles 17 are secured as by welding to the interior surfaces of the side walls 5 and 6. The receptacle 16 has an outturned peripheral flange 13 which is slidably supported on the angles 17 at both sides of the receptacle” column 2, line 49).
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In view of the teachings of Russ, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the sliding an insert comprises positioning a flange portion of a bin within the recess as is taught in Russ, in the method as presently modified because Russ states the bin is “for receiving and containing food chopped on the board” (column 1, line 4). Therefore, including the bin of Russ will improve utility of the shelf as presently modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Brown (US 5341793 A) discloses a side table comprising a cutting board and sliding bin.
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Meether (US 20080245357 A1) discloses a side table comprising a removable cutting board and sliding bin
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Diaz (US 20130206016 A1) “The oven/grill 100 may also have a wooden cutting board 130 that is capable of being folded flat against the side wall of the oven chamber 110. The wooden cutting board 130 is also capable of being easily and quickly removed from the oven/grill 100 for washing and cleaning”
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Lago (FR 3020255 A1)
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Guzman (US 20170027314 A1)
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762
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