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 filed 02/06/2026 with respect to Whitfield 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.
(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) 14-15 and 17-22 s/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Witzel US20230070954.
Regarding claim 14, Witzel US20230070954 discloses a heater, comprising:
a combustion chamber for burning pellets (combustion chamber 160), the combustion chamber comprising a first barrier and defining a vertical axis and a horizontal axis (Fig. 4 and Fig. 6, below);
a pellet hopper positioned adjacent to the combustion chamber along a horizontal axis and configured to contain the pellets (Fig. 4, 230), the pellet hopper comprising a second barrier (Fig. 4 and Fig. 6, below);
a ventilated chamber between the combustion chamber and the pellet hopper (Fuel supply assembly 180), the ventilated chamber being enclosed by:
the first barrier; the second barrier; and one or more surfaces extending between the first barrier and the second barrier and comprising one or more orifices allowing air to pass through the ventilated chamber (annotated Fig. 6, below); and
a flue for carrying heat from the combustion chamber (vent 144, Fig. 2),
wherein the ventilated chamber separates the pellet hopper from the combustion chamber and the flue (seen in Fig. 4).
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Regarding claim 15, Witzel further discloses 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 (Witzel, Fig. 4).
Regarding claim 17, Witzel further discloses the heater of claim 14, further comprising a chute extending between the pellet hopper and the combustion chamber (Witzel, 232, Fig. 4).
Regarding claim 18, Witzel further discloses 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 (Witzel, 232, Fig. 4).
Regarding claim 19, Witzel further discloses the heater of claim 17, wherein the chute is angled relative to a horizontal axis of the heater (Witzel, 232, Fig. 4).
Regarding claim 20, Witzel further discloses 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 (Annotated Fig. 6, shows an additional orifice that would necessarily allow the movement of air to the combustion chamber).
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Regarding claim 21, Witzel US20230070954 discloses a heater, comprising:
a combustion chamber configured to burn pellets (combustion chamber 160), the combustion chamber comprising a first barrier (Fig. 4 and Fig. 6, below);
a pellet hopper configured to contain the pellets(Fig. 4, 230), the pellet hopper comprising a second barrier (Fig. 4 and Fig. 6, below); and
a ventilated chamber between the combustion chamber and the pellet hopper (Fuel supply assembly 180), the ventilated chamber being enclosed 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 (Fig. 4 and Fig. 6, below).
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Regarding claim 22, Witzel further discloses the heater of claim 21, wherein the one or more surfaces is a plurality of surfaces (annotated Fig. 6).
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cullen US5133266 in view of Wu US20170328572.
Regarding claim 1, Cullen US5133266 discloses heater, comprising:
a combustion chamber configured to burn pellets (Fig. 1, combustion chamber 24), the combustion chamber comprising a first barrier (wall 32);
a pellet hopper configured to contain the pellets (Fig. 1, 40), the pellet hopper comprising a second barrier (annotated Fig. 1);
a ventilated chamber between the combustion chamber and the pellet hopper (convection chamber 90), the ventilated chamber being enclosed by:
the first barrier (32);
the second barrier (annotated Fig. 1); 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 (90C, having openings 94, Fig. 2, Col. 5 Ln. 13-29);
a flue for carrying heat from the combustion chamber (annotated Fig. 1),
wherein the ventilated chamber separates the pellet hopper from the combustion chamber and the flue (Fig. 1); and
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Cullen 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 Cullen further teaches the heater of claim 1, wherein the pellet hopper is positioned adjacent to the combustion chamber along a horizontal axis (Cullen, Fig. 1).
Regarding claim 3, the modified Cullen further teaches the heater of claim 1, wherein the ventilated chamber is fully enclosed (Cullen, Fig. 1).
Regarding claim 5, the modified Cullen further teaches the heater of claim 1, wherein the first barrier extends parallel to a vertical axis of the heater (Cullen, Fig. 1).
Regarding claim 6, the modified Cullen further teaches the heater of claim 1, wherein the second barrier extends parallel to a vertical axis of the heater (Cullen, Fig. 1).
Regarding claim 7, the modified Cullen further teaches the heater of claim 1, further comprising a chute extending between the pellet hopper and the combustion chamber (Chute 36 and tube containing auger 62).
Regarding claim 8, the modified Cullen further teaches the heater of claim 7, wherein the chute extends through the ventilated chamber (Fig. 1).
Regarding claim 9, the modified Cullen further teaches the heater of claim 7, wherein the chute is angled relative to a horizontal axis of the heater (Fig. 1, chute 36).
Regarding claim 10, the modified Cullen 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 (auger 62, Fig. 1).
Regarding claim 11, the modified Cullen further teaches 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 (Fig. 1, wall 32 comprises at least opening 34).
Regarding claim 12, the modified Cullen further teaches the heater of claim 1, further comprising:
a fire pot disposed at a lower portion within the combustion chamber (burn pot 120), the fire pot comprising a fuel grate (Fig. 4, bottom wall 122 is a grate) configured to:
receive the pellets from the pellet hopper (seen in Fig. 1); and
support the pellets during combustion (seen in Fig. 1);
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 (chute 36 and tube containing auger 62); 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 (ash pan 112).
Cullen does not expressly disclose
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
Wu US20170328572 teaches a pellet stove comprising
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 slidable grate, 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 modified Cullen further teaches 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762