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) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: aperture 52 and first arm 150A. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following issues:
reference character “70A” has been used to designate both first arm and first groove
reference character “152” has been used to designate both aperture and outlet.
reference character “12” has been used to designate both storage bag shell and internal volume.
reference character “80A3” has been used to designate both third groove portion and third ridge portion.
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. 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.
Specification
The disclosure is objected to because of the following informalities: reference character 52A is included in the drawings (Figure 3) but is not mentioned in the specification.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
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.
Claims 1, 2, 4, 12-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Benedetti et al (WO 2023/007522).
Regarding Claim 1: The main embodiment of Benedetti et al teaches a temperature probe insert, comprising: a coupling portion (C9, L22-27.) (See annotated Figure 1), including aperture that extends through the coupling portion (C13, L29-31.); a first arm extending from the coupling portion (See annotated Figure 1); and a second arm extending from the coupling portion, the first arm and second arm extending from different sides of the coupling portion (See annotated Figure 1); wherein the temperature probe insert is configured to be removably disposed in an opening in a storage bag shell (Containing Element 16, 50, Apparatus 10 (Figure 1, 2, 8)(C9, L22-23)), the first arm and the second arm are configured to contact the storage bag shell to prevent movement of the coupling portion in the opening in the storage bag shell (Figure 2)(See also annotated Figure 1), and the aperture configured to direct a temperature probe (Figure 2, C18, L11-15.). The main embodiment of Benedetti et al does not specifically teach a storage bag disposed in an internal volume of the storage bag shell. However, an additional embodiment of Benedetti et al teaches a storage bag disposed in an internal volume of the storage bag shell (Figure 8, C18, L11-15.). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the main embodiment of Benedetti et al that includes the frame-shaped containing element 16 with the storage bag/containing element 50 of an alternative embodiment) for the purpose of containing the material being stored and delimiting a space around it
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Benedetti et al, Annotated Figure 1
Regarding Claim 2: The previously referenced sections of Benedetti et al, both the main and additional embodiment, teach the temperature probe insert of Claim 1. The main embodiment of Benedetti et al does not teach that the aperture has a size configured to direct the temperature probe at an angle that disposes an end of the temperature probe in the storage bag. However, the additional embodiment of Benedetti et al (Figure 8) teaches that (C18, L11-15. Aperture 51, Containing Element 50) (Figure 8). The motivation to combine is the same as Claim 1. Additionally, Benedetti teaches that the aperture 51 of the containing element 50 in the additional embodiment is equivalent to the aperture 29 of containing element 16 in the main embodiment (C18, L11-15).
Regarding Claim 4: The previously referenced sections of Benedetti et al, both the main and additional embodiment, teach the temperature probe insert of Claim 1. Additionally, the also teach that the aperture has an outlet configured to face towards a central portion of the internal volume (Space (S), Figure 2)(C18, L11-15.).
Regarding Claim 12: The main embodiment of Benedetti et al teaches a(Plate Cooking Device 11, Figure 1) including a base and a top disposed on the base to form an internal volume configured to contain a storage bag (Lower Plate 12, Upper Plate 13, Space (S), Figures 1 and 2), the storage bag shell including an opening (Figure 1); and a temperature probe insert removably disposed in the opening in the storage bag shell (C9, L22-23), the temperature probe including: a coupling portion including aperture that extends through the coupling portion (C13, L29-31. See also Annotated Figure 1), a first arm extending from the coupling portion, and a second arm extending from the coupling portion, the first arm and the second arm extending from different sides of the coupling portion (See Annotated Figure 1), wherein the first arm and the second arm contact the storage bag shell preventing movement of the coupling portion in the opening in the storage bag shell (C10, L4-8), and the aperture configured to direct a temperature probe (Figure 2, C18, L11-15.). The main embodiment of Benedetti et al does not specifically teach a storage bag disposed in an internal volume of the storage bag shell. However, an additional embodiment of Benedetti et al teaches a storage bag disposed in an internal volume of the storage bag shell (Figure 8, C18, L11-15.). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the main embodiment of Benedetti et al that includes the frame-shaped containing element 16 with the storage bag/containing element 50 of an alternative embodiment) for the purpose of containing the material being stored and delimiting a space around it
Regarding Claim 13: The previously referenced sections of Benedetti et al teach the device of Claim 12, Benedetti et al regarding the main embodiment further teaches that positioning of the top and the base of the storage bag shell prevents removal of the temperature probe insert from the opening in the storage bag shell without moving at least one of the t (When the storage bag shell closes, it holds the containing element in place, preventing the removal of the coupling portion from the storage bag shell opening (C10, L4-8. See also Figure 2)).
Regarding Claim 14: The previously referenced sections of Benedetti et al teach the 2. Additionally, the previously referenced sections of Benedetti et al regarding the main embodiment also teach a temperature probe disposed in the aperture of the temperature probe insert (C13, L29-31).
Regarding Claim 15: The previously referenced sections of Benedetti et al teach the storage bag temperature monitoring assembly of Claim 12. Additionally, the previously referenced sections of Benedetti et al regarding the main embodiment also teach a clearance fit formed between the temperature probe and the aperture in the coupling portion (C13, L29-33. C14, L1-2).
Regarding Claim 17: The previously referenced sections of Benedetti et al teach the storage bag temperature monitoring assembly of Claim 12. Additionally, the previously referenced sections of Benedetti et al regarding the main embodiment also teach [that] the temperature probe insert is friction fit in the opening in the storage bag shell (C6, L9-14).
Regarding Claim 18: The main embodiment of Benedetti et al teaches a kit comprising: a temperature probe insert comprising: a coupling portion (C9, L22-27)(See annotated Figure 1) including aperture that extends through the coupling portion (C13, L29-31); a first arm extending from the coupling portion, and a second arm extending from the coupling portion, the first arm and the second arm extending from different sides of the coupling portion (See annotated Figure 1), wherein the temperature probe insert is configured to be removably disposed in an opening in a storage bag shell (C9, L22-23), the first arm and the second arm are configured to contact the storage bag shell to prevent movement of the coupling portion in the opening in the storage bag shell (When the storage bag shell closes, it holds the containing element in place, preventing the removal of the coupling portion from the storage bag shell opening (C10, L4-8. See also Figure 2)), and a temperature probe configured to be disposed in the aperture of the temperature probe insert, the aperture configured to direct the temperature probe (C18, L11-15. Figure 2). The main embodiment of Benedetti et al does not teach a storage bag disposed in an internal volume of the storage bag shell and the temperature probe configured to detect a temperature of fluid in the storage bag. However, an additional embodiment of Benedetti et al teaches a storage bag disposed in an internal volume of the storage bag shell (Figure 8, C18, L11-15.). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the main embodiment of Benedetti et al that includes the frame-shaped containing element 16 with the storage bag/containing element 50 of an alternative embodiment) for the purpose of containing the material being stored and delimiting a space around it
The inclusion of the concept of the storage bag containing element and the explicit reference to maintaining a sufficient level of moisture within the containing element additionally indicate that the temperature probe is configured to detect a temperature of fluid in the storage bag. Foodstuff contained within the bag contains fluids, the bag maintains a desired degree of moisture (C3, L16-21.), and the temperature probe is explicitly compatible with the storage bag with the purpose of detecting a temperature of the foodstuff within. Therefore, the probe is configured to detect a temperature of fluid in the storage bag.
Regarding Claim 19: The previously referenced sections of Benedetti et al teach the kit of Claim 18, Benedetti et al further suggests [that] the aperture has a size configured to form a clearance fit between the aperture and the temperature probe (Aperture 29 made of deformable material, C13, L29-33. C14, L1-2).
Regarding Claim 20: The previously referenced sections of Benedetti et al teach the kit of Claim 18. Additionally, the previously referenced sections of Benedetti regarding the main embodiment et al also teach [that] the aperture has an outlet configured to direct the temperature probe towards a central portion of the internal volume (Space (S), Figure 2)(C18, L11-15.).
.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Benedetti et al (WO 2023/007522) in view of Fortune (US 3886798 A).
Regarding Claim 3: Benedetti et al teaches the temperature probe insert of Claim 1, but does not specifically teach that a location where the aperture extends through the coupling portion is adjustable. However, in a similar field of endeavor, Fortune teaches that a location (C4, L58-67. C5, L1-2. Circular Transverse Opening 61 (Figure 7)). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Benedetti et al with the adjustable aperture of Fortune for the purpose of securely holding the temperature probe at a predetermined position (Fortune, C5, L1-2).
Claims 5- 11, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Benedetti et al (WO 2023/007522) in view of Coscia (US 20220295784 A1).
Regarding Claim 5: Benedetti et al teaches the device of Claim 1. Benedetti et al does not specifically teach [that] the first arm includes a first groove, and the first groove is configured to receive a first ridge of the storage bag shell so as to prevent removal of the insert from the opening in the storage bag shell. However, in a similar field of endeavor, Coscia teaches [that] (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Claim 1 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Regarding Claim 6: Benedetti et al in view of Coscia teaches the temperature probe insert of Claim 5. Coscia additionally teaches [that] the first groove includes a first groove portion having a first depth and a second groove portion having a second depth different from the first depth, the first groove portion configured to receive a first ridge portion of the first ridge and the second groove portion configured to receive a second ridge portion of the first ridge to prevent movement of the insert within the opening in the storage bag shell (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Claim 5 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Regarding Claim 7: Benedetti et al in view of Coscia teaches the temperature probe insert of Claim 5. Coscia additionally teaches [that] the first groove includes a first groove portion, a second groove portion, and a third groove portion having at least two different depths, the first groove portion configured to receive a first ridge portion of the first ridge, the second groove portion configured to receive a second ridge portion of the first ridge, and the third groove portion configured to receive a third ridge portion of the first ridge to prevent movement of the temperature probe insert within the opening in the storage bag shell (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Claim 5 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Regarding Claim 8: Benedetti et al in view of Socia teaches the temperature probe insert of Claim 5. Coscia additionally teaches [that] the second arm includes a second groove, and the second groove is configured to receive a second ridge of the storage bag shell to prevent removal of the temperature probe insert from the opening in the storage bag shell (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Claim 5 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Regarding Claim 9: Benedetti et al teaches the temperature probe insert of Claim 1. Benedetti et al additionally teaches a third arm slidingly coupled to the coupling portion (Lateral Wall 19 in telescopic structure, Figure 5). Benedetti et al does not teach the third arm including a groove configured to receive a ridge of the storage bag shell. However, in a similar field of endeavor, Coscia teaches the third arm including a groove configured to receive a ridge of the storage bag shell (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the temperature probe insert of Claim 1 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Regarding Claim 10: Benedetti in view of Coscia teaches the temperature probe insert of Claim 9. The main embodiment of Benedetti et al does not specifically teach that the insert is configured to be pressure fit in the opening via sliding coupling of the third arm with the coupling portion. However, an additional embodiment of Benedetti et al teaches that an insert is (Lateral Wall 19, telescopic structure of Figure 5.). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the device of the main embodiment of Benedetti et al with the pressure fit in an opening via sliding coupling of a third arm with a coupling portion of an additional embodiment of Benedetti for the purpose of adapting the height of the chamber 18 within the limits of the opening (C16, L6-12).
Regarding Claim 11: Benedetti et al in view of Coscia teaches the temperature probe insert of Claim 9. The main embodiment of Benedetti et al additionally teaches [that] the first arm includes a first portion extending from the coupling portion and a second portion extending from the first portion, the second arm includes a first portion extending from the coupling portion and a second portion extending from the first portion of the second arm (See annotated Figure 1), and the temperature probe insert is configured to be disposed in the opening (C9, L22-23).
The main embodiment of Benedetti et al does not teach [that] a handle of the storage bag shell [is] disposed between the first arm and the second arm, so as to prevent movement of the insert within the opening. However, in a similar field of endeavor, Coscia teaches [that] a handle of the storage bag shell [is] disposed between the first arm and the second arm, so as to prevent movement of the insert within the opening (Paragraph 5, Figure 6). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the main embodiment of Benedetti et al with the storage bag handle disposed between the first and second arm of Coscia for the purpose of fixing the position of the bag and preventing movements of components within the assembly (.
Regarding Claim 16: Benedetti et al teaches the storage bag temperature monitoring assembly of Claim 12, but does not teach [that] the storage bag shell includes a first ridge having a first ridge portion, a second ridge portion, and a third ridge portion, and the temperature probe insert includes a first groove having a first groove portion, a second groove portion, and a third groove portion having at least two different depths, the first ridge portion disposed in the first groove portion, a second ridge portion disposed in the second ridge portion, and the third ridge portion disposed in the third groove portion so as to prevent movement of the insert within the opening in the storage bag shell. However, in a similar field of endeavor, Coscia teaches [that] the storage bag shell includes a first ridge having a first ridge portion, a second ridge portion, and a third ridge portion, and the temperature probe insert includes a first groove having a first groove portion, a second groove portion, and a third groove portion having at least two different depths, the first ridge portion disposed in the first groove portion, a second ridge portion disposed in the second ridge portion, and the third ridge portion disposed in the third groove portion so as to prevent movement of the insert within the opening in the storage bag shell (Recessed Portions 116, Extending Portions 114, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the storage bag assembly of Claim 12 with the grooves and ridges of Coscia as a known method of joining 2 pieces by matching the ridges and grooves (Coscia, Paragraph 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA C. BAIR whose telephone number is (571)272-0781. The examiner can normally be reached Mon-Thurs 8/8:30 - 5/5:30, Friday 8:30 - 5:00 or Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Emma C Bair/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
