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 .
This action is written in response to application number 18/897,589 filed 09/26/2024
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21 and 22 of U.S. Patent No. 12,103,137. Although the claims at issue are not identical, they are not patentably distinct from each other because the issued patent and the current application share commonalities as seen in the chart analysis below.
Application 18/897,589
Patent 12,103,137
1, 10. A cooking utensil (200) with non-stick capability, the cooking utensil (200) comprising:
a cooking vessel (204); and
a handle (218) operatively connected to the cooking vessel (204) for handling the cooking utensil (200);
wherein the cooking vessel (204) includes an inner cooking surface (212) having depressions (208) for receiving therein a cooking liquid;
the cooking utensil (200) being characterized in that:
the cooking vessel (204) includes a substrate (202) made of a material selected from the group consisting of cast iron, aluminum, aluminum alloy, stainless steel- aluminum, stainless steel, copper, and composite material;
the inner cooking surface (212) of the cooking vessel (204) is provided with a
homogeneous passivation layer produced by shot-peening, and has depressions (208)
substantially shaped like meteorite craters;
the depressions (208) have a substantially semi-spherical shape, with an average depth of about 0.1 mm to about 0.5 mm, and an average diameter ranging between about 1 mm to about 3 mm, the depressions (208) having an average depth
of about 0.2 mm to about 0.3 mm, and an average diameter ranging between about 1 mm to about 1.5 mm;
the homogeneous passivation layer of the cooking vessel (204) has depressions (208) substantially shaped like meteorite craters being further provided on an outer surface (214) of the cooking vessel (204);
the depressions (208) provided about the inner cooking surface (212) of the cooking vessel (204) are positioned, shaped and sized about the cooking surface (210) of the cooking vessel (204) for receiving therein a cooking liquid which forms a fluid film and cushions food being cooked by the cooking utensil (200), thereby providing the cooking utensil (200) with both a physical anti-adherent effect, as well as surface passivation effect; and
an overall resulting hardness of the cooking vessel (204) is between about 32 HB and about 34 HB.
2. The cooking utensil (200) according to claim 1, wherein the depressions 5 (208) are distributed substantially homogeneously and substantially densely across a treated surface of a blank forming a dimpled surface (210) with concavely and convexed grooved sections.
21. A cooking utensil with non-stick capability, the cooking utensil comprising:
a cooking vessel; and
a handle operatively connected to the cooking vessel for handling the cooking utensil;
wherein the cooking vessel includes an inner cooking surface provided with a homogeneous passivation layer having depressions substantially shaped like meteorite craters,
said depressions being positioned, shaped and sized about the cooking surface of the cooking vessel for receiving therein a cooking liquid which forms a fluid film and cushions food being cooked by the cooking utensil, thereby providing the cooking utensil with both a physical anti-adherent effect, as well as surface passivation effect:
wherein the depressions have a substantially semi-spherical shape, with an average depth of about 0.1 mm to about 0.5mm, and an average diameter ranging between about 1 mm to about 3 mm:
wherein the depressions have an average depth of about 0.2 mm to about 0.3 mm, and an average diameter ranging between about 1 mm to about 1.5 mm;
wherein the cooking vessel includes a substrate made of a material selected from the group consisting of cast iron, aluminum, aluminum alloy, stainless steel-aluminum, stainless steel, copper, and composite material:
wherein the homogeneous passivation layer of the cooking vessel is produced by a manufacturing process where impact balls, having a diameter ranging between about 1 mm and about 4 mm, impact a blank of the cooking vessel densely and uniformly at high speed and kinetic energy;
wherein the homogeneous passivation layer of the cooking vessel is produced by a shot-peening process;
wherein the shot-peening process involves impacting a blank of the cooking vessel with impact balls with a density ranging between about 100 particles/cm? to about 350 particles/cm, and at a velocity ranging between about 10 m/sec. to about 30 m/sec., providing an impact load ranging between about 0.65 PSI and about 2.5 PSI:
wherein the shot peening process involves impacting the blank of the cooking vessel with stainless and high strength alloy steel balls with a density of about 200 particles/cm, and with a final velocity of about 21m/sec., providing an impact load of about 1.3 PSI;
wherein the steel balls are selected from the group consisting of high-alloy steel balls (of type YG6, YG6X, YG8, YG8X, YN6, YNQ, or the like), stainless steel balls (of type 440C, 304, 316L, 420, 430, or the like), and carbon low-alloy steel balls (of type A3, Q195, Q235, AlS1010, AISI1015, or the like);
wherein the depressions are distributed substantially homogeneously and substantially densely across a treated surface of the blank forming a dimpled surface with concavely and convexed grooved sections;
wherein an overall resulting hardness of the cooking vessel is between about 32 HB and about 34 HB; and
wherein the cooking utensil is a cooking utensil selected from the group consisting
of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
3. The cooking utensil (200) according to claim 1, wherein the cooking
utensil (200) further includes an outer non-stick coating applied to said homogeneous passivation layer in order to provide the cooking utensil (200) with a dual non-stick capability resulting from both physical deformation of the inner cooking surface (212) of the cooking vessel (204) and from the non-stick coating thereof.
4. The cooking utensil (200) according to claim 3, wherein the non-stick coating is sintered onto internal and external surfaces (212,214) of the cooking vessel (204).
22. A cooking utensil cooking vessel for handling the cooking utensil;
…wherein an outer non-stick coating is further applied to said homogeneous passivation layer in order to provide the cooking utensil with a dual non-stick capability resulting from both physical deformation of the inner cooking surface of the cooking vessel and from the non-stick coating thereof;
wherein the non-stick coating is sintered onto internal and external surfaces of the cooking vessel:
wherein the cooking vessel includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating;
5. The cooking utensil (200) according to claim 3, wherein the cooking
vessel (204) includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating; wherein the sand-blasted surface is provided with a microcosmic level rough surface of about 2 um to about 4 yum in depth; wherein a bottom surface of the cooking vessel (204) is provided with a machined ring; and
wherein the cooking utensil (200) is a cooking utensil (200) selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
6. The cooking utensil (200) according to claim 1, wherein the depressions (208) are distributed substantially homogeneously and substantially densely across a treated surface of a blank forming a dimpled surface (210) with concavely and convexed grooved sections; and
7. The cooking utensil (200) according to claim 6, wherein the cooking vessel (204) includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating;
wherein the sand-blasted surface
is provided with a microcosmic level rough surface of about 2 um to about 4 um in depth; wherein a bottom surface of the cooking vessel (204) is provided with a machined ring; and
wherein the cooking utensil (200) is a cooking utensil (200) selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
8. The cooking utensil (200) according to claim 7, wherein the cooking vessel (204) includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating;
wherein the sand-blasted surface is provided with a microcosmic level rough surface of about 2 um to about 4 yum in depth;
wherein a bottom surface of the cooking vessel (204) is provided with a machined ring; and wherein the cooking utensil (200) is a cooking utensil (200) selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
9. The cooking utensil (200) according to claim 6, wherein the cooking vessel (204) includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating;
wherein the sand-blasted surface is provided with a microcosmic level rough surface of about 2 um to about 4 um in depth;
wherein a bottom surface of the cooking vessel (204) is provided with a machined ring; and wherein the cooking utensil (200) is a cooking utensil (200) selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
11. According utensil with non-stick capability, the cooking utensil comprising: a cooking vessel; and a handle operatively connected to the cooking vessel for handling the cooking utensil;
wherein the cooking vessel includes an inner cooking surface provided with a homogeneous passivation layer having depressions substantially shaped like meteorite craters, said depressions being positioned, shaped and sized about the cooking surface of the cooking vessel for receiving therein a cooking liquid which forms a fluid film and cushions food being cooked by the cooking utensil, thereby providing the cooking utensil with both a physical anti-adherent effect, as well as surface passivation effect;
wherein the depressions have a substantially semi-spherical shape, with an average depth of about 0.1 mm to about 0.5 mm, and an average diameter ranging between about 1 mm to about 3 mm; wherein the depressions have an average depth of about 0.2 mm to about 30 0.3mm, and an average diameter ranging between about 1 mm to about 1.5 mm;
wherein the cooking vessel includes a substrate made of a material selected from the group consisting of cast iron, aluminum, aluminum alloy, stainless steel- aluminum, stainless steel, copper, and composite material;
wherein the homogeneous passivation layer of the cooking vessel is produced by a manufacturing process where impact balls, having a diameter ranging between about 1 mm and about 4 mm, impact a blank of the cooking vessel densely and uniformly at high speed and kinetic energy; wherein the homogeneous passivation layer of the cooking vessel is produced by a shot-peening process; 1wherein the shot-peening process involves impacting a blank of the cooking vessel with impact balls; wherein the shot peening process involves impacting the blank of the cooking vessel with stainless and high strength alloy steel balls;
wherein the steel balls are selected from the group consisting of high-alloy steel 15 balls (of type YG6, YG6X, YG8, YG8X, YN6, YNQ, or the like), stainless steel balls (of type 440C, 304, 316L, 420, 430, or the like), and carbon low-alloy steel balls (of type A3, Q195, Q235, AlS1010, AISI1015, or the like);
wherein the depressions are distributed substantially homogeneously and substantially densely across a treated surface of the blank forming a dimpled surface with concavely and convexed grooved sections; wherein an overall resulting hardness of the cooking vessel is between about 32 HB and about 34 HB; wherein an outer non-stick coating is further applied to said homogeneous passivation layer in order to provide the cooking utensil with a dual non-stick capability resulting from both physical deformation of the inner cooking surface of the cooking vessel and from the non-stick coating thereof;
wherein the non-stick coating is sintered onto internal and external surfaces of the cooking vessel; wherein the cooking vessel includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating; and
wherein the cooking utensil is a cooking utensil selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
22. A cooking utensil with non-stick capability, the cooking utensil comprising: a cooking vessel; and
a handle operatively connected to the cooking vessel for handling the cooking utensil; wherein the cooking vessel includes an inner cooking surface provided with a homogeneous passivation layer having depressions substantially shaped like meteorite craters, said depressions being positioned, shaped and sized about the cooking surface of the cooking vessel for receiving therein a cooking liquid which forms a fluid film and cushions food being cooked by the cooking utensil, thereby providing the cooking utensil with both a physical anti-adherent effect, as well as surface passivation effect:
wherein the depressions have a substantially semi-spherical shape, with an average depth of about 0.1 mm to about 0.5mm, and an average diameter ranging between about 1 mm to about 3 mm:
wherein the depressions have an average depth of about 0.2 mm to about 0.3 mm, and an average diameter ranging between about 1 mm to about 1.5 mm;
wherein the cooking vessel includes a substrate made of a material selected from the group consisting of cast iron, aluminum, aluminum alloy, stainless steel-aluminum, stainless steel, copper, and composite material: wherein the homogeneous passivation layer of the cooking vessel is produced by a manufacturing process where impact balls, having a diameter ranging between about 1 mm and about 4 mm, impact a blank of the cooking vessel densely and uniformly at high speed and kinetic energy;
wherein the homogeneous passivation layer of the cooking vessel is produced by a shot-peening process; wherein the shot-peening process involves impacting a blank of the cooking vessel with impact balls with a density ranging between about 100 particles/cm? to about 350 particles/cm?, and at a velocity ranging between about 10 m/sec. to about 30 m/sec., providing an impact load ranging between about 0.65 PSI and about 2.5 PSI: wherein the shot peening process involves impacting the blank of the cooking vessel with stainless and high strength alloy steel balls with a density of about 200 particles/cm?, and with a final velocity of about 21m/sec., providing an impact load of about 1.3 PSI;
wherein the steel balls are selected from the group consisting of high-alloy steel balls (of type YG6, YG6X, YG8, YG8X, YN6, YNQ, or the like), stainless steel balls (of type 440C, 304, 316L, 420, 430, or the like), and carbon low-alloy steel balls (of type A3, Q195, Q235, AlS1010, AISI1015, or the like);
wherein the depressions are distributed substantially homogeneously and substantially densely across a treated surface of the blank forming a dimpled surface with concavely and convexed grooved sections;
wherein an overall resulting hardness of the cooking vessel is between about 32 HB and about 34 HB:
wherein an outer non-stick coating is further applied to said homogeneous passivation layer in order to provide the cooking utensil with a dual non-stick capability resulting from both physical deformation of the inner cooking surface of the cooking vessel and from the non-stick coating thereof; wherein the non-stick coating is sintered onto internal and external surfaces of the cooking vessel:
wherein the cooking vessel includes a sand-blasted surface underlining the outer non-stick coating for ensuring a better adhesion of the non-stick coating;
wherein the sand-blasted surface is provided with a microcosmic level rough surface of about 2 um to about 4 um in depth; and
wherein the cooking utensil is a cooking utensil selected from the group consisting of a cooking pot, a cooking pan, a cooking dish, a heating dish and a baking dish.
Appropriate action is required.
Conclusion
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735