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 .
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.
Claims 1, 2, 5, 7-9, 11, 12 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Russa et al. (U.S. D243,993). O’Russa et al. teaches a cooking pan (either upper or lower component; figure 7) comprising a metal bottom wall including a substantially smooth and flat inside surface (figures 7, 8, see also figure 2 which partial view of smooth inner surface of both upper and lower components) and a substantially flat outside surface, the substantially flat outside surface including a plurality of raised ribs (upper component ribs shown in figures 1, 6) extending away from a lower surface of the bottom wall (figures 7 and 8), the plurality of raised ribs being arranged in a pattern to cooperate with supports of a portable stove to hold the portable stove in place (figures 1, 6; capable of supporting and appropriately sized portable stove), with the substantially flat outside surface of the bottom wall facing upward and a combustion chamber of the portable stove above the bottom wall (upper component has bottom wall facing upward and is capable of receiving a combustion chamber thereon), and four metal sidewalls (figure 6 extending from perimeter of the bottom wall) extending away from the bottom wall and arranged in a substantially rectangular configuration to form a container closed on a first side by the bottom wall and open on second side opposite the bottom wall (figures 2 and 6).
*Note that the claims are drawn to the subcombination of the cooking pan and not the combination of the cooking pan and portable stove. The portable stove is not an element of the claimed invention.
Regarding claim 2, the metal bottom wall further includes a raised rim that extends away from the lower surface around a perimeter of the bottom wall (on upper component; figure 1).
Regarding claim 5, the plurality of raised ribs include ribs having straight middle sections of various lengths and rounded end sections (shown in figure 1).
Regarding claim 7, the pattern of the plurality of raised ribs includes perpendicular lines devoid of ribs (space between ribs located inwardly of ribs that run about the perimeter) between pluralities of the raised rib, the perpendicular lines devoid of ribs being arranged to cooperate with one or more support structures of a portable stove to hold the portable stove in place (capable of cooperating with appropriately sized support structures).
Regarding claim 8, the pattern of the plurality of raised ribs includes a rectangular path along the lower surface that surrounds a plurality of the raised ribs, wherein the path is devoid of any raised ribs (space between ribs located inwardly of ribs that run about the perimeter) and is configured to cooperate with one or more support structures of a portable stove to hold the portable stove in place (capable of cooperating with appropriately sized support structures).
Regarding claim 9, a first sidewall of the four metal sidewalls includes a first flange extending outwardly away from the first sidewall and away from the container (figure 3), wherein a second sidewall of the four metal sidewalls, which is opposite to the first sidewall, includes a second flange extending outwardly away from the sidewall and away from the container (figure 3).
Regarding claim 11, O’Russa et al. teaches an apparatus, shown in figure 1, comprising a first cooking pan (upper component) including a metal bottom wall including a substantially smooth and flat inside surface (figures 2, 7 and 8) and a substantially flat outside surface (figures 7, 8), the substantially flat outside surface including a plurality of raised ribs (figures 1 and 6) extending away from a lower surface of the bottom wall (figure 7), the plurality of raised ribs being arranged in a pattern to cooperate with supports of a portable stove to hold the portable stove in place (capable of supporting an appropriately sized portable stove), with the substantially flat outside surface of the bottom wall facing upward (figure 1) and a combustion chamber of the portable stove above the bottom wall, and four metal sidewalls extending away from the bottom wall (figures 7 and 8) and arranged in a substantially rectangular configuration to form a container closed on a first side by the bottom wall (figure 6) and open on second side opposite the bottom wall (figure 2), the container having a first depth (figure 7), and a second cooking pan (lower component) including a metal bottom wall including a substantially smooth and flat inside surface (figures 2, 7 and 8) and a substantially flat outside surface, the substantially flat outside surface including a plurality of raised ribs extending away from a lower surface of the bottom wall (figures 7 and 8; shown extending downwardly from bottom wall at perimeter of bottom wall), the plurality of raised ribs being arranged in a pattern to cooperate with supports of a portable stove to hold the portable stove in place (capable of supporting an appropriately sized portable stove), with the substantially flat outside surface of the bottom wall facing upward (figure 2) and a combustion chamber of the portable stove above the bottom wall, and four metal sidewalls extending away from the bottom wall (figures 7, 8) and arranged in a substantially rectangular configuration (figure 6) to form a container closed on a first side by the bottom wall and open on second side opposite the bottom wall (figure 2), the container having a second depth (figures 7 and 8).
Regarding claim 12, the second depth is different from the first depth (figures 7 and 8).
Regarding claim 18, the plurality of raised ribs of each of the first and second cooking pans include ribs having straight middle sections of various lengths and rounded end sections (figure 1).
Regarding claim 19, the pattern of the plurality of raised ribs of each of the first and second cooking pans includes perpendicular lines devoid of ribs between pluralities of the raised rib (space inwardly of ribs that run about the perimeter), the perpendicular lines devoid of ribs being arranged to cooperate with one or more support structures of a portable stove to hold the portable stove in place (capable of cooperating with appropriately sized support structures).
Regarding claim 20, the pattern of the plurality of raised ribs of each of the first and second cooking pans includes a rectangular path along the lower surface that surrounds a plurality of the raised ribs (figure 1), wherein the path is devoid of any raised ribs (space located radially inwardly of ribs extending about the perimeter) and is configured to cooperate with one or more support structures of a portable stove to hold the portable stove in place (capable of cooperating with appropriately sized support structures).
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.
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over O’Russa et al. (U.S. D243,993) in view of Klock et al. (U.S. 2016/0106253).
Regarding claims 3 and 15, O’Russa et al. discloses the claimed invention except for the cutout section. Klock et al. teaches that it is known to provide a cooking assembly with a cutout section (see element 54). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of O’Russa et al. with a cutout, as taught by Klock et al., in order to accommodate irregularities in the supporting surface, as shown in figure 2 of Klock et al.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over O’Russa et al. (U.S. D243,993) in view of Kim (U.S. D1,047,591).
Regarding claim 4, O’Russa et al. discloses the claimed invention except for the plurality of "L"-shaped ribs. Kim teaches that it is known to provide a cooking assembly with a plurality of "L"-shaped ribs (see figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of O’Russa et al. with a plurality of "L"-shaped ribs, as taught by Kim, in order to provide more evenly distributed ribs for a more stable support.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over O’Russa et al. (U.S. D243,993) in view of Khormaei et al. (U.S. 2019/0104884).
Regarding claim 6, O’Russa et al. discloses the claimed invention except for the ribs that from letters. Khormaei et al. teaches that it is known to provide a cooking assembly with ribs that from letters (see figure 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of O’Russa et al. with ribs that from letters, as taught by Khormaei et al., in order to provide advertising of the product.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over O’Russa et al. (U.S. D243,993) in view of Chou (U.S. 2008/0237228).
Regarding claims 10 and 13, O’Russa et al. discloses the claimed invention except for the divots and raised nubs. Chou teaches that it is known to provide a container assembly with the flange having divots and raised nubs (see elements 31a and 31b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of O’Russa et al. with divots and raised nubs, as taught by Chou, in order to lock the upper and lower components together and prevent movement of one with respect to the other.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over O’Russa et al. (U.S. D243,993) in view of Raichlen et al. (U.S. 7,938,285).
Regarding claim 14, O’Russa et al. discloses the claimed invention except for the basket. Raichlen et al. teaches that it is known to provide a container assembly with a basket (see element 15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of O’Russa et al. with a basket, as taught by Raichlen et al., in order separate liquid out of the contents within the assembly.
Allowable Subject Matter
Claims 16 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the ribs of the bottom wall.
THIS ACTION IS NON-FINAL.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736