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 § 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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundelfinger (US 1982382) in view of Topaz et al. (US 10294956B2) and Smith (US 2694136)
Gundelfinger discloses:
1. A space heater A/B comprising:
a heater housing 16/29/34/48 having a front grill 48 and rear grill 16;
a fan 14/12 positioned near the rear grill 16 of the heater housing, the fan includes a hub and fan blades positioned in angular relationship to the rotational axis of the fan
at least one heating element C positioned in front of the fan behind the front grill 48 of the heater housing where the at least one heating element and the fan are linearly aligned (along axis through center of fan/motor); and a duct assembly 29/34 positioned within the heater housing surrounding both the fan 14 and the at least one heating element C where the duct assembly gradually decreases in circumference as it approaches the front grill of the heater housing. See Figure 2
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Grundelfinger does not explicitly disclose the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan. Additionally, Grundelfinger discloses a housing that integrally forms a duct assembly—therefore the duct assembly can be said to be within the housing. However, additionally, Smith discloses a similar heating device comprising a heater housing 44 having a front grill and rear grill 70-75, and further including a duct assembly 46 positioned within the heater housing surrounding both the fan 90 and the at least one heating element 68 where the duct assembly gradually decreases in circumference as it approaches the front grill of the heater housing.
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Topaz discloses a fan/propeller configuration for reducing radial flow and force losses, redirecting the radial flow in an axial direction, reducing the exit flow area of the propeller, and increasing the inlet flow area of the propeller including the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan.
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One of skill in the art would have found it obvious to modify the construction of the fan blades of Grundelfinger to reduce radial flow and force losses, redirect the radial flow in an axial direction, reduce the exit flow area of the propeller, and increase the inlet flow area of the propeller by including the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan. Further one of skill would find it obvious to modify the Gundelfinger device to include a separate housing as shown by Smith that established an insulated space around the duct assembly positioned within the housing to provide for a cooler surface of the housing when the heater is in operation which may be preferred by the user.
4. The space heater of claim 1 where the fan and the at least one heating element are both in communication with a controller that is programed to operate the fan either with, or
independent of, the at least one heating element. See page 2, lines 4-7.
Claim(s) 2-3, 5-6, 8, 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundelfinger (US 1982382) in view of Topaz et al. (US 10294956B2) and Soverhill (US 2109279) and Smith (US 2694136)
Gundelfinger discloses the claimed invention except in reference to claim:
2. The space heater of claim 1 where the at least one heating element includes at least two ring shaped heating elements.
3. The space heater of claim 2 where the at least two ring shaped heating elements are positioned in front of the fan with one of the at least two ring shaped heating elements positioned in front of the other, where the center of the at least two ring shaped heating elements is on the axis of rotation of the fan and are in linear axial alignment with the fan such that the at least two ring shaped heating elements are aligned between the hub of the fan and the tip of the fan blades. See as discussed above mutatis mutandis
Regarding claims 2-3, Gundelfinger in view of Topaz disclose the claimed invention (as discussed above) with the exception of the use of two ring shaped heating elements fan with one of the at least two ring shaped heating elements positioned in front of the other. Soverhill discloses a similar heating device explicitly teaching two ring two ring shaped heating elements 41 with one of the at least two ring shaped heating elements positioned in front of the other along the flow direction.
5. A space heater comprising:
a heater housing having a front grill and rear grill; and
a heating assembly including:
a fan having a hub and at least two fan blades positioned in angular relationship to the rotational axis of the fan, the at least two fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are both bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan; and at least two ring shaped heating elements positioned in front of the fan, where one heating element is positioned in front of the other and where the centers of each of the at least two ring shaped circular heating elements are on the axis of rotation of the fan and where the diameter of each of the at least two ring shaped heating elements is equal to or lesser than the fan diameter such that an outer circumference of the at least two ring shaped heating elements is positioned at or just inside the circumference of fan as defined by the fan blades when rotating; and where the heating assembly is positioned within the heater housing such that the at least two ring shaped heating elements are positioned behind the front grill of the heater housing and the fan is positioned near the rear grill of the heater housing.
See Figure 2. And See Claims 1, 2, 3 mutatis mutandis.
Regarding claim 5, Gundelfinger in view of Topaz disclose the claimed invention (as discussed above) with the exception of the use of two ring shaped heating elements with one of the at least two ring shaped heating elements positioned in front of the other. Soverhill discloses a similar heating device explicitly teaching two ring shaped heating elements 41 with one of the at least two ring shaped heating elements positioned in front of the other along the flow direction.
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Additionally note, the use of duplicate/redundant and/or additional heating elements, separately controlled is a well known practice in the art of space heating for the purpose of increasing heating power and/or heating variability, as such one of skill in the art would find it obvious to modify the device described by Gundelfinger to include additional heating elements as described by Soverhill such that additional heating is possible.
6. The space heater of claim 5, further including a duct assembly positioned within the heater housing enclosing the heating assembly where the duct assembly gradually decreases in circumference as it approaches the front grill of the heater housing. See Figure 2. And See Claim 1 mutatis mutandis
8. The space heater of claim 5 where the fan and the at least two ring shaped heating elements are both in communication with a controller that is programed to operate the fan either with, or
independent of, the at least two ring shaped heating element. See claims 1, 4 mutatis mutandis, page 2, lines 4-7.
11. A space heater comprising:
a heater housing having a front grill and rear grill; and
a heating assembly including:
a fan having a fan hub and fan blades, where the fan blades have fronts and tips tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are both bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan; and at least one ring shaped heating element positioned in front of the fan where the center of the ring shaped heating element is on the axis of rotation of the fan and where the ring shaped heating element is in linear alignment with the fan such that the at least one ring shaped heating element is positioned between the hub of the fan and the tip ends of the fan blades and has a diameter equal to or lesser than the fan diameter such that an outer circumference of the at least one ring shaped heating element is positioned at or just inside the circumference of fan as defined by the fan blades when rotating; and where, the heating assembly is positioned within the heater housing such that the heating element is positioned behind the front grill of the heater housing and the fan is positioned near the rear grill of the heater housing, further including a duct assembly positioned within the heater housing enclosing the heating assembly where the duct assembly gradually decreases in circumference as it approaches the front grill of the heater housing.
. See claims 1, 2, 3 and 5 mutatis mutandis.
13. The space heater of claim 11 where the fan and the at least two ring shaped heating element are both in communication with a controller that is programed to operate the fan either with, or independent of, the at least one ring shaped heating element. See claim 1 mutatis mutandis, page 2, lines 4-7.
14. The space heater of claim 11 where the at least one right shaped heating element is a heating ribbon. Heating means C can be read as a ribbon heater
15. The space heater of claim 14 where the heating ribbon includes ceramic heating elements. Gundelfinger discloses :
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Note fire clay can be considered a ceramic
16. The space heater of claim 14 where the heating ribbon includes wire heating elements mounted on the heating ribbon.
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17. The space heater of claim 11 where the at least one ring shaped heating element is a wire coil.
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Claim(s) 5, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (US 4740670) in view of Topaz et al. (US 10294956B2) and Soverhill (US 2109279).
You discloses:
5. A space heater comprising:
a heater housing 1 having a front grill 8 and rear grill 14; and
a heating assembly including:
a fan having at least two fan blades 30 having fronts and tips (14); and
at least a ring shaped heating element 51 positioned in front of the fan where the center of the circular heating element is on the axis of rotation of the fan and where the diameter of the circular heating element extends across the fronts of the fan blades not beyond the tips of the fan blades; and where, the heating assembly is positioned within the heater housing such that the heating element is positioned behind the front grill of the heater housing and the fan is positioned near the rear grill of the heater housing.
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You does not explicitly disclose the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan, or at least two ring shaped heating elements.
Topaz discloses a fan/propeller configuration for reducing radial flow and force losses, redirecting the radial flow in an axial direction, reducing the exit flow area of the propeller, and increasing the inlet flow area of the propeller including the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan.
Soverhill discloses a similar heating device explicitly teaching two ring shaped heating elements 41 with one of the at least two ring shaped heating elements positioned in front of the other along the flow direction.
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Additionally note, the use of duplicate/redundant and/or additional heating elements, separately controlled is a well known practice in the art of space heating for the purpose of increasing heating power and/or heating variability, as such one of skill in the art would find it obvious to modify the device described by You to include additional heating elements as described by Soverhill such that additional heating is possible.
One of skill in the art would have found it obvious to modify the construction of the fan blades of You to reduce radial flow and force losses, redirect the radial flow in an axial direction, reduce the exit flow area of the propeller, and increase the inlet flow area of the propeller by including the fan blades having tip ends with both a forward tip and a rearward tip, where both the forward tip and rearward tip are bent forward toward the front of the fan in the direction of the airflow such that the entire tip end is bent forward toward the front of the fan.
8. The space heater of claim 5 where the fan and the at least two ring shaped heating element are both in communication with a controller that is programed to operate the fan either with, or
independent of, the at least one circular heating element. See title of invention “Electric Fan Heater for Circulating AND/OR Heating Air” See also Fig. 10
9. The space heater of claim 5 further including a motor 2 having a shaft 22 positioned between the at least two ring shaped heating element and the fan, where the fan is affixed to the shaft of the motor and where the at least one circular heating element 51 is mounted to the motor on the side of the motor opposing the shaft. See Fig. 8
10. The space heater of claim 9 where the at least two ring shaped heating element is affixed to a barrel mount 12, and where the barrel mount is mounted to the motor 2.
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) have been considered but are moot because the new ground of rejection was necessitated by Applicant’s amendments to the claims. Applicant’s argument regarding the separate housing and duct assembly has been addressed above by the teachings of Smith. Applicant’s argument regarding the provision of two ring shaped heating elements rather than just one has been addressed by the new grounds of rejection above by the teachings of Soverhill. Applicant’s argument regarding Soverhill not teaching the claimed duct assembly is moot.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc
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