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 .
Response to Arguments
Applicant’s arguments with respect to Witzel and Cullen have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 14, 15, 17, 18, 19, 20, 21 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nuesmeyer et al. US5357877.
Regarding claim 14, Nuesmeyer et al. US5357877 discloses a heater, comprising:
a combustion chamber for burning pellets (firebox 21, Fig. 2), the combustion chamber comprising being at least partially defined by a first barrier and defining a vertical axis and a horizontal axis (wall 22, see annotated Fig. 2 below);
a pellet hopper positioned adjacent to the combustion chamber along a horizontal axis and configured to contain the pellets (hopper 12), the pellet hopper comprising being at least partially defined by a second barrier (wall 22, see annotated Fig. 2 below);
a ventilated chamber between the combustion chamber and the pellet hopper (annotated Fig.2), the ventilated chamber being enclosed at least partially defined by:
the first barrier; the second barrier (annotated Fig. 2); and
one or more surfaces extending between the first barrier and the second barrier (Fig. 1 shows side walls) and
comprising one or more orifices allowing air to pass through the ventilated chamber (annotated Fig. 2); and
a flue for carrying heat from the combustion chamber, wherein the ventilated chamber separates the pellet hopper from the combustion chamber and the flue (annotated Fig. 2).
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Regarding claim 15, Nuesmeyer further teaches the heater of claim 14, wherein the pellet hopper is positioned such that a top surface of the pellet hopper is parallel to a top surface of the combustion chamber (Nuesmeyer, Fig. 2).
Regarding claim 17, Nuesmeyer further teaches the heater of claim 14, further comprising a chute extending between the pellet hopper and the combustion chamber (Nuesmeyer, Fig. 2, chute 52).
Regarding claim 18, Nuesmeyer further teaches the heater of claim 17, wherein the chute is an enclosed chute including a first opening at the pellet hopper and a second opening at the combustion chamber (Nuesmeyer, Fig. 2, Chute 52, hopper lid 15).
Regarding claim 19, Nuesmeyer further teaches the heater of claim 17, wherein the chute is angled relative to a horizontal axis of the heater (Nuesmeyer, Fig. 2).
Regarding claim 20, Nuesmeyer further teaches the heater of claim 14, wherein the first barrier comprises one or more additional orifices configured to allow air to move from the ventilated chamber to the combustion chamber.
Regarding claim 21, Nuesmeyer et al. US5357877 discloses a heater, comprising:
a combustion chamber configured to burn pellets (firebox 21, Fig. 2), the combustion chamber being at least partially defined by a first barrier (annotated Fig. 2);
a pellet hopper configured to contain the pellets (hopper 12), the pellet hopper being at least partially defined by a second barrier (annotated Fig. 2); and
a ventilated chamber between the combustion chamber and the pellet hopper (annotated Fig. 2), the ventilated chamber being enclosed at least partially defined by: the first barrier; the second barrier; and one or more surfaces each comprising a plurality of orifices allowing air to pass through the ventilated chamber (annotated Fig. 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) 1, 2, 3, 5, 6, 7, 8, 9, 10, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nuesmeyer et al. US5357877 in view of Wu US20170328572.
Regarding claim 1, Nuesmeyer et al. US5357877 discloses a heater, comprising:
a combustion chamber configured to burn pellets (firebox 21, Fig. 2), the combustion chamber comprising being at least partially defined by a first barrier (wall 22, see annotated Fig. 2 below);
a pellet hopper configured to contain the pellets (hopper 12), the pellet hopper comprising being at least partially defined by a second barrier (see annotated Fig. 2 below);
a ventilated chamber between the combustion chamber and the pellet hopper, the ventilated chamber being enclosed at least partially defined by: the first barrier (see annotated Fig. 2); the second barrier (see annotated Fig. 2); and
one or more surfaces comprising one or more orifices allowing air to pass through the ventilated chamber wherein the one or more surfaces are not one or more surfaces of the first barrier or the second barrier (see annotated Fig. 2);
a flue for carrying heat from the combustion chamber (see annotated Fig. 2), wherein the ventilated chamber separates the pellet hopper from the combustion chamber and the flue (see annotated Fig. 2); and
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Nuesmeyer does not expressly disclose a heat deflector disposed on the flue to deflect heat in a radial direction.
Wu US20170328572 teaches a pellet stove comprising
a flue for carrying heat from the combustion chamber (Flue 20, ¶31); and
a heat deflector disposed on the flue to deflect heat in a radial direction (22, Fig. 1)
Wu teaches that such a flue and deflector configuration provides a natural draft, improves warming effect and can provide aesthetic benefits (¶31)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior at device with a flue and deflector, as taught by Wu, since doing so amounts to a known technique for improving similar solid fuel stoves with at least the known predictable results of providing a natural draft, improving warming effect and aesthetic benefits.
Regarding claim 2, the modified Nuesmeyer further teaches the heater of claim 1, wherein the pellet hopper is positioned adjacent to the combustion chamber along a horizontal axis (Neusmeyer, Fig. 2).
Regarding claim 3, the modified Nuesmeyer further teaches the heater of claim 1, wherein the ventilated chamber is fully enclosed (Neusmeyer, Fig. 2).
Regarding claim 5, the modified Nuesmeyer further teaches the heater of claim 1, wherein the first barrier extends parallel to a vertical axis of the heater (Neusmeyer, Fig. 2).
Regarding claim 6, the modified Nuesmeyer further teaches the heater of claim 1, wherein the second barrier extends parallel to a vertical axis of the heater (Neusmeyer, Fig. 2).
Regarding claim 7, the modified Nuesmeyer further teaches the heater of claim 1, further comprising a chute extending between the pellet hopper and the combustion chamber(Neusmeyer, Fig. 2, chute 52).
Regarding claim 8, the modified Nuesmeyer further teaches the heater of claim 7, wherein the chute extends through the ventilated chamber (Neusmeyer, Fig. 2).
Regarding claim 9, the modified Nuesmeyer further teaches the heater of claim 7, wherein the chute is angled relative to a horizontal axis of the heater (Neusmeyer, Fig. 2).
Regarding claim 10, the modified Nuesmeyer further teaches the heater of claim 7, further comprising a movable barrier within the pellet hopper configured to selectively allow one or more of the pellets within the pellet hopper to move along the chute from the pellet hopper to the combustion chamber (Neusmeyer Fig. 3 and Fig. 4, turntable 35, vanes 43).
Regarding claim 22, Nuesmeyer does not expressly disclose heater of claim 21, wherein the one or more surfaces is a plurality of surfaces [each comprising a plurality of orifices].
Wu US20170328572 teaches a pellet stove comprising an interlayer (Fig. 3, interlayer 13, ¶28) arranged between the combustion chamber (firebox 2) and the fuel delivery tube (tube 4.2) the interlayer having a plurality of surfaces each comprising a plurality of orifices (Fig. 1 and Fig. 2, vents 15 seen on either side of the device) and that such a configuration provides air insulation to protect the fuel from overheating (¶28).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Nuesmeyer to have additional orifices on the sides of the ventilated chamber, as taught by Wu, since doing so amounts to a known technique for improving hopper-fed solid fuel combustion devices with the known predictable result of protecting the fuel in the feed tube from overheating.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nuesmeyer et al. US5357877 in view of Wu US20170328572 in view of Nuesmeyer US5297493
Regarding claim 11, the modified Nuesmeyer does not expressly disclose the heater of claim 1, wherein the first barrier comprises one or more additional orifices configured to allow air to move from the ventilated chamber to the combustion chamber.
Nuesmeyer US5297493 (‘493) teaches tube 46 passing air through the ventilated chamber and into the combustion chamber through and orifice (Fig. 2) thereby providing air to the combustion chamber (Col. 3 Ln. 20-25). ‘493 is by the same inventors as Nuesmeyer and these features appear visible in Fig. 2 of Nuesmeyer.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an orifice configured to move air from the ventilated chamber to the combustion chamber as taught by Nuesmeyer ‘493 since doing so amounts to a known improvement for a similar device with the known predictable result of supplying air to the combustion chamber.
Claim(s) 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nuesmeyer et al. US5357877 in view of Wu US20170328572 in view of Wu US20170328572
Regarding claim 12, the modified Nuesmeyer further teaches the heater of claim 1, further comprising:
a fire pot disposed at a lower portion within the combustion chamber (Nuesmeyer, fire pot 24, Fig. 2), the fire pot configured to:
receive the pellets from the pellet hopper; and support the pellets during combustion (Nuesmeyer, Fig. 2);
a chute extending from a lower portion of the second barrier of the pellet hopper to the fire pot by which the pellets within the pellet hopper move to the fire pot (Nuesmeyer, Fig. 2, chute 52);
Nuesmeyer does not expressly disclose the fire pot comprising a fuel grate a slidable ash grate disposed beneath the fire pot, the slidable ash grate configured to receive ashes from the fire pot and comprising a first handle configured to facilitate movement along a horizontal axis of the combustion chamber; and a removable ash pan disposed beneath the slidable ash grate, the removable ash pan configured to catch and store ashes from the slidable ash grate and comprising a second handle.
Wu US20170328572 teaches a pellet stove comprising
A fire box comprising a fuel grate (¶32, ¶36 Fig. 6a, grate 5’ comprising plate 32) and a slidable ash grate disposed beneath the fire pot, the slidable ash grate configured to receive ashes from the fire pot and comprising a first handle configured to facilitate movement along a horizontal axis of the combustion chamber (Fig. 6A, ¶36, ¶37 shaker 33 is disposed under plate 32. Shaker 33 is attached to lever 7, seen in 1 and Fig. 2); and
a removeable ash pan disposed beneath the slidable ash grate, the grate configured to catch and store ashes from the slidable ash grate and comprising a second handle (Ash tray 8 with handle 9, seen in Fig. 1 and Fig. 2, ¶37).
Wu teaches that such a configuration allows ashes to fall through the grate and be removed via the ash tray (¶37, ¶38).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a fuel grate, a slidable grate and ash pan, as taught by Wu, since doing so amount to a known technique for improving similar devices with the known predictable results of removing ashes.
Regarding claim 13, the previously combined references teach the heater of claim 12, wherein the fuel grate includes a first region and a second region, the first region being angled at a first angle with respect to a horizontal axis of the heater and the second region being angled at a second angle with respect to the horizontal axis (Wu, Fig 6a depict a plurality of regions at different angles).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
