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
Claims 9 and 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/13/2025.
Applicant’s election without traverse of claims 1-8,10-16 and 19-23 in the reply filed on 08/13/2025 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/06/2022 and 11/06/2025 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 13 recites grammatical error “a electronic…” Examiner suggests amending line 13 to begin with the article “an.” Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Crowe et al (US 2021/0404667).
Regarding claim 22, Crowe discloses a method for assembling a simulated fireplace and furniture assembly combination comprising the steps of:
providing a packaged kit that contains (i) a furniture kit in an unassembled configuration, the furniture kit including a plurality of unassembled furniture components ([0023] lines 1-7 ---" Further, the present invention is also directed toward a method for assembling an electric fireplace and cabinet combination comprising the steps of (A) providing a package assembly that retains (i) a cabinet assembly in an unassembled configuration, the cabinet assembly including a cabinet top, a first cabinet side, and a second cabinet side as separate components…”), and (ii) a simulated fireplace kit in an unassembled configuration, the simulated electronic fireplace including a foundation assembly (Fig 2 #40 electrical insert), a simulated electronic firebed that is configured to generate a simulated flame, and an electrical connection assembly that selectively electrically connects the simulated electronic firebed to a control in the foundation (Fig 2 #40 electrical insert) ([0023] lines 7-14 ---" and (ii) an electric fireplace in an unassembled configuration, the electric fireplace including a heater assembly that is configured to generate heated air, a flame generator that is configured to generate a simulated flame, and an electrical connection assembly, the electrical connection assembly including a low voltage cable that selectively electrically connects the heater assembly to the flame generator;”);
assembling the furniture components to define a structural firebox opening within an assembled furniture piece (Assembling the furniture is performed by the operator.); assembling the simulated fireplace kit including connecting the simulated electronic firebed to the control in the foundation (Assembling the simulated fireplace is performed by the operator.);
and positioning the simulated fireplace kit in the structural firebox opening (Positioning the simulated fireplace kit in the structural firebox opening is performed by the operator.).
Regarding claim 23. Crowe teaches the method as appears above (see the rejection of claim 22), and Crowe teaches wherein the foundation (Fig 2 #40 electrical insert) includes an electric heater assembly (Fig. 2 #26 heater assembly) that is controlled by the controller in the foundation (Fig 2 #40 electrical insert) and configured to generate heated air.
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.
Claim(s) 1-4, 6-10, 11-16, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crowe et al (US 2021/0404667; first embodiment Fig. 9A-B) in view of Crowe et al (US 2021/0404667; second embodiment Fig. 6A-K).
Regarding claim 1, Crowe first embodiment discloses a furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit comprising:
a firebox panel having a rear imaging screen portion (Fig. 9B #932 back panel) and a forwardly extending portion (Shown in the figure below);
a foundation (9B #910 electric fireplace) having a front, a top, opposing left and right sides, and a rear (Fig. 9B shows the electric fireplace having a front, a top, opposing left and right sides, and a rear.);
said firebox panel having a lower peripheral edge (Shown in the figure below) configured to be secured to said foundation (9B #910 electric fireplace), first and second upright structural supports (Fig. 9B #934 side panels) each having a lower end configured to be secured to said foundation (9B #910 electric fireplace) adjacent to said front, said forwardly extending panel portion (Shown in the figure below) of said firebox panel engaging said uprights structural supports (Fig. 9B #934 side panels) whereby said foundation (9B #910 electric fireplace) and said upright structural supports (Fig. 9B #934 side panels) transfer structural rigidity to said firebox panel;
and a electronic simulated firebed assembly (Fig. 9B #920 simulated logs and #924 flame generator) configured to be received on the foundation (9B #910 electric fireplace).
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However, Crowe first embodiment does not disclose a furniture piece comprising; a furniture base having an upper surface, a furniture top having a lower surface, left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly, wherein said assembled simulated fireplace kit is slidably received into said insert cavity.
Nonetheless, Crowe second embodiment teaches
a furniture base having an upper surface (Shown in the figure below), a furniture top having a lower surface (Shown in the figure below), left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly (Shown in the figure below), wherein said assembled simulated fireplace kit is slidably received into said insert cavity (Shown in the figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit of Crowe first embodiment by incorporating the furniture piece as taught by Crowe second embodiment for the benefit of overall cost efficiencies. [0009]
Regarding claim 2, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crow first embodiment teaches wherein each of said upright supports has a rearwardly extending firebox panel attachment structure, said forwardly extending portion of said firebox panel having a respective forward edge portion configured to be secured to said rearwardly extending firebox panel attachment structures of said upright structural supports ([0187] lines 15-23 ---" In various embodiments, prior to any components of the electric fireplace 910 being installed within the structural opening 911A of the cabinet assembly 911B, the first cabinet side 911F and the second cabinet side 911S can be assembled to the cabinet top 911T with a cabinet attachment assembly 984 (e.g., utilizing one or more screws, pins, or other suitable fasteners or attachers), which helps to define the structural opening 911A of the cabinet assembly 911B when in an assembled configuration.”).
Regarding claim 3, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crow first embodiment teaches wherein said forwardly extending panel portion (Shown in the figure below) comprises left and right side panel portions (Fig. 9B #911F first cabinet side and #911S second cabinet side) extending forwardly from side edges of said rear imaging screen portion.
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Regarding claim 4, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 3), and Crowe first embodiment teaches wherein said rearwardly extending firebox panel attachment structures comprise a planar flange (Shown in the figure below) extending along at least a portion of said upright supports.
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Regarding claim 6, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 3), and Crowe first embodiment teaches wherein said left and right side panel portions of said firebox panel each have a lower peripheral edge configured to be secured to said foundation ([0187] lines 15-23 ---" In various embodiments, prior to any components of the electric fireplace 910 being installed within the structural opening 911A of the cabinet assembly 911B, the first cabinet side 911F and the second cabinet side 911S can be assembled to the cabinet top 911T with a cabinet attachment assembly 984 (e.g., utilizing one or more screws, pins, or other suitable fasteners or attachers), which helps to define the structural opening 911A of the cabinet assembly 911B when in an assembled configuration.”).
Regarding claim 7, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crowe first embodiment teaches wherein said forwardly extending panel portion comprises a top panel portion (Shown in the figure below) extending forwardly from a top edge of said rear imaging screen portion.
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Regarding claim 8, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 7), and Crowe first embodiment teaches wherein said rearwardly extending firebox panel attachment structures comprise a shoulder (Shown in the figure below) extending rearwardly adjacent an upper end of said upright supports.
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Regarding claim 10, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crowe first embodiment teaches wherein said insert kit further comprises a heater unit (Fig. 9B #926 heater assembly) located within the foundation.
Regarding claim 11, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crowe first embodiment teaches wherein said insert kit further comprises a decorative face frame (Fig. 9B #985 front panels; [0056] lines 25-33 ---" Additionally, the design of each of the components of the electric fireplace 10 can be mixed and matched as desired. Thus, with the modular design described herein, the consumer is provided with a larger variety of options for the overall design (e.g., size, shape and aesthetic appearance) of the electric fireplace 10, thus enhancing consumer control and happiness, while still enabling various cost and product development efficiencies.”) secured to the front of the foundation.
Regarding claim 12, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 1), and Crowe first embodiment teaches wherein said insert kit further comprises a transparent viewing panel (Fig. Fig. 9B #936 front frame) removably received and supported at the front of the foundation between said first and second upright supports.
Regarding claim 13, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 12), and Crowe first embodiment teaches wherein each of said upright structural supports each has an inwardly extending viewing panel attachment structure (Shown in the figure below), said transparent viewing panel having opposing side edges removably received and coupled to said viewing panel attachment structures (Shown in the figure below).
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Regarding claim 14, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 11), and Crowe first embodiment teaches wherein said insert kit further comprises a horizontal structural support (Fig. 9B #987 door panel) extending between upper ends of said first and second upright structural supports.
Regarding claim 15, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 11), and Crowe first embodiment teaches wherein said horizontal structural support (Fig. 9B #987 door panel) comprises a structural connector ([0188] lines 1-8 ---"As illustrated, in certain embodiments, the cabinet assembly 911B can further include one or more of front panels 985, a center panel 986, a door panel 987, a corner panel 988, and a corner support 989 that can be individually attached with any suitable attachers or fasteners to the other components of the cabinet assembly 911B as the cabinet assembly 911B is moved from the unassembled configuration to the assembled configuration.”) removably secured between respective upper ends of said first and second upright structural supports.
Regarding claim 16, Crowe first embodiment discloses a furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit comprising:
a firebox panel having at least a rear imaging screen portion (Fig. 9B #932 back panel) and a forwardly extending portion (Shown in the figure below);
a foundation (9B #910 electric fireplace) having a front, a top, opposing left and right sides, and a rear (Fig. 9B shows the electric fireplace having a front, a top, opposing left and right sides, and a rear.);
said firebox panel having a lower peripheral edge (Shown in the figure below) configured to be secured to said foundation (9B #910 electric fireplace), first and second upright structural supports (Fig. 9B #934 side panels) each having a lower end configured to be secured to said foundation (9B #910 electric fireplace) adjacent to said front, said forwardly extending panel portion (Shown in the figure below) of said firebox panel engaging said uprights structural supports (Fig. 9B #934 side panels) whereby said foundation (9B #910 electric fireplace) and said upright structural supports (Fig. 9B #934 side panels) transfer structural rigidity to said firebox panel;
and an electronic simulated firebed assembly (Fig. 9B #920 simulated logs and #924 flame generator) configured to be received on the foundation (9B #910 electric fireplace); wherein said rear imaging panel (Fig. 9B #932 back panel) and said forwardly extending side portions (Shown in the figure below) of said firebox panel cooperate to form a simulated firebox.
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However, Crowe first embodiment does not disclose a furniture piece comprising; a furniture base having an upper surface, a furniture top having a lower surface, left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly, wherein said assembled simulated fireplace kit is slidably received into said insert cavity.
Nonetheless, Crowe second embodiment teaches
a furniture base having an upper surface (Shown in the figure below), a furniture top having a lower surface (Shown in the figure below), left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly (Shown in the figure below), wherein said assembled simulated fireplace kit is slidably received into said insert cavity (Shown in the figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit of Crowe first embodiment by incorporating the furniture piece as taught by Crowe second embodiment for the benefit of overall cost efficiencies. [0009]
Regarding claim 19, Crowe first embodiment discloses a furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit comprising:
a firebox panel having at least forwardly extending side portions (Fig. 9B #934 side panels);
a foundation (9B #910 electric fireplace) having a front, a top, opposing left and right sides, and a rear (Fig. 9B shows the electric fireplace having a front, a top, opposing left and right sides, and a rear.);
said firebox panel having a lower peripheral edge (Shown in the figure below) configured to be secured to said foundation (9B #910 electric fireplace), first and second upright structural supports (Fig. 9B #911F first cabinet side and #911S second cabinet side) each having a lower end configured to be secured to said foundation (9B #910 electric fireplace) adjacent to said front, said forwardly extending panel portion (Shown in the figure below) of said firebox panel engaging said uprights structural supports (Fig. 9B #911F first cabinet side and #911S second cabinet side) whereby said foundation (9B #910 electric fireplace) and said upright structural supports (Fig. 9B #911F first cabinet side and #911S second cabinet side) transfer structural rigidity to said firebox panel;
and an electronic simulated firebed assembly (Fig. 9B #920 simulated logs and #924 flame generator) configured to be received on the foundation (9B #910 electric fireplace); wherein said rear imaging panel (Fig. 9B #932 back panel) and said forwardly extending side portions (Shown in the figure below) of said firebox panel cooperate to form a simulated firebox; a rear imaging panel (Fig. 9B #932 back panel).
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However, Crowe first embodiment does not disclose a furniture piece comprising; a furniture base having an upper surface, a furniture top having a lower surface, left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly, wherein said assembled simulated fireplace kit is slidably received into said insert cavity.
Nonetheless, Crowe second embodiment teaches
a furniture base having an upper surface (Shown in the figure below), a furniture top having a lower surface (Shown in the figure below), left and right furniture sides extending between the upper surface of the furniture base and the lower surface of the top and structurally supporting said top above said base when assembled therewith to form an insert cavity within said furniture assembly (Shown in the figure below), wherein said assembled simulated fireplace kit is slidably received into said insert cavity (Shown in the figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit of Crowe first embodiment by incorporating the furniture piece as taught by Crowe second embodiment for the benefit of overall cost efficiencies. [0009]
Regarding claim 20, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 19), and Crowe first embodiment teaches wherein said insert kit further comprises a heater unit (Fig. 9B #926 heater assembly) located within the foundation.
Regarding claim 21, Crowe first embodiment in view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 19), and Crowe first embodiment teaches wherein said insert kit further comprises a face frame (Fig. 9B #985 front panels) secured to a front of the heater unit.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crowe et al (US 2021/0404667; first embodiment Fig. 9A-B) in view of Crowe et al (US 2021/0404667; second embodiment Fig. 6A-K) as applied to claim 3, further in view of O’Niell (GB 2275105).
Regarding claim 5, Crowe first embodiment view of Crowe second embodiment teaches the furniture assembly as appears above (see the rejection of claim 3), but does not teach wherein said rearwardly extending firebox panel attachment structures comprise a channel extending along at least a portion of said upright supports.
Nonetheless, O’Niell teaches wherein said rearwardly extending firebox panel attachment structures comprise a channel (Fig. 1 #29 front glass channel) extending along at least a portion of said upright supports.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture assembly comprising, in combination: a ready to assemble simulated fireplace insert kit of Crowe first embodiment in view of Crowe second embodiment by incorporating the channel extending along at least a portion of said upright supports as taught by O’Niell for the benefit of retaining a front panel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761