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 .
Election/Restrictions
Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/6/26. Applicant argues that claim 16 includes the invention however, the scheduling feature is separate and a different search area than the invention.
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 1-15 and 17 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.
Regarding Claim 1, it is unclear what “the improvement” is referring to.
Regarding Claim 2, it is unclear what “consists essentially” means.
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) 1-6, 8, 11-15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morgan (U.S. Pub. No. 20050005779).
Regarding Claim 1, Morgan discloses a cooking surface 24 (figure 1) for cookware having a food support surface 27 (Figure 1) for holding food items during cooking, the improvement comprising a removable and replaceable insert 50 (figure 1) configured to connect to the cookware and cover the food support surface during a plurality of cooking cycles (figure 1), the removable and replaceable insert formed of a heat resistant polymer (paragraph 46).
Regarding Claim 2, Morgan discloses the heat resistant polymer consists essentially of a melt-processible fluoropolymer (paragraph 46).
Regarding Claim 3, Morgan discloses the heat resistant polymer comprises a perfluoroalkoxy alkane (PFA), a TFE/perfluoromethylvinylether copolymer (MFA), a fluorinated ethylene propylene (FEP), a homopolymer or copolymer of PTFE, or combinations thereof (paragraph 46).
Regarding Claim 4, Morgan discloses a laminate material with structural rigidity (paragraph 46), wherein the laminate material includes a flexible substrate impregnated and coated with the heat resistant polymer material, and pressed or molded as the removable and replaceable insert (paragraph 46).
Regarding Claim 5, Morgan discloses the removable and replaceable insert is pressed or molded in the form of a surface cover of a pan, basket, tray, sheet, or plate (figure 1).
Regarding Claim 6, Morgan discloses the removable and replaceable insert is fully free of metal (paragraph 46).
Regarding Claim 8, Morgan discloses the removable and replaceable insert is clipped, snapped, or press-fit to the cookware over the food support surface (figure 4).
Regarding Claim 11, Morgan discloses a cooking support including a support frame 22 (figure 1) having side walls 27 (figure 1) defining a cooking area 29 (Figure 1), and an inner support structure configured to receive and support the removable and replaceable insert 28/30 (Figure 1); wherein the removable and replaceable insert is shaped and adapted to be inserted into the cooking support and on the inner support structure (Figure 1), wherein the cooking insert includes the cooking surface and receives the food items during cooking (Figure 1).
Regarding Claim 12, Morgan discloses removing and replacing the cooking insert (figure 1 and 4).
Regarding Claim 13, Morgan discloses a removable insert 50 (Figure 1), which is separate from and adapted to be removably secured within the cookware for holding food items during cooking in an oven (paragraph 49-50).
Regarding Claim 14, Morgan discloses removing and replacing the removable and replaceable insert in the cookware (paragraph 49-50).
Regarding Claim 15, Morgan discloses removing and replacing the removable and replaceable insert with a second removable and replaceable insert after multiple heating cycles in the oven (paragraph 49-50).
Regarding Claim 17, Morgan discloses placing a food item on the removable and replaceable insert; placing the cookware in the oven while supporting the removable and replaceable insert and the food item; removing the cookware from the oven; removing the food item from the cooking surface or insert; repeating the placing and removing steps for each of a plurality of food items; and replacing the removable and replaceable insert of the cookware (paragraph 49-50).
Claim(s) 1, 6, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarnoff et al. (U.S. Patent No. 4941401).
Regarding Claim 1, Sarnoff et al. discloses a cooking surface 20 (figure 2) for cookware having a food support surface 24 (Figure 2) for holding food items during cooking, the improvement comprising a removable and replaceable insert 40 (Figure 2) configured to connect to the cookware and cover the food support surface during a plurality of cooking cycles, the removable and replaceable insert formed of a heat resistant polymer (Column 2, lines 31-36).
Regarding Claim 6, Sarnoff et al. discloses the removable and replaceable insert is fully free of metal (Column 2, lines 31-36).
Regarding Claim 9, Sarnoff et al. discloses the removable and replaceable insert comprises a separately formed cooking surface insert 42 (Figure 2) of the heat resistance polymer (Column 2, lines 31-36), applied as or over the food support surface of a cookware, wherein the surface insert is replaceable and recyclable (Column 2, lines 31-36).
Regarding Claim 10, Sarnoff et al. discloses the removable and replaceable insert comprises a snap on nonstick cover 60 (Figure 2).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (U.S. Pub. No. 20050005779) in view of Hartsing, Jr (U.S. Patent No. 4503168).
Regarding Claim 7, Morgan teaches all the limitations substantially as claimed except for the removable and replaceable insert can withstand temperatures over 500° F (260° C). However, Hartsing, Jr teaches withstand temperatures over 500° F (260° C) (Column 1, lines 11-15,29-32). Therefore, it would be obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morgan to include the above, as taught by Hartsing, Jr, in order to allow for the cookware to function in ovens reaching over 500 degrees Fahrenheit without damage.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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