DETAILED ACTION
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.
Claim(s) 1-8, 10-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dzeba (US 20230139453 A1) in view of Li (US 20210356130 A1).
Regarding claim 1, Dzeba discloses a pellet stove for providing heat to a heated space, where the pellet stove is remotely controllable by a user connected to a network to which the stove is connected, comprising:
a combustion chamber (8; para. 140) in which pellet fuel (abstract) is combusted to generate heat at a heat exchanger (5 and/or 7; paras. 140, 141), where the pellet fuel is provided to the chamber by an auger (21; para. 140) that transports fuel from a storage hopper (14; para. 142), and combustion gas is exhausted out of the stove (via stack 11; para. 140), and
convection air is drawn across an exterior surface of the combustion chamber to receive heat from the exterior surface of the combustion chamber to generate heated air that is vented out into the heated space (the exterior surface of the combustion chamber is the heated air facing side of the heat exchanger 5, where heat from the combustion chamber is used to heat air passing through the heat exchanger 5; see para. 141);
a control unit comprising:
a wireless communications module (remote control) coupled with the control unit, the wireless communications module operably, wirelessly coupling with a local or remote network (e.g., W-LAN, bluetooth) to provide information to and receive information from a computing device (e.g., smartphone app) such that a user can interact with the computing device to remotely control the functionality of the stove (para. 98).
Dzeba fails to disclose where the control unit comprises:
memory on which is resident programming that, when activated, provides functionality for the stove,
a processor that is used to process processes data and the programming to provide the functionality for the stove, and
where the user can receive status information for the stove from the computing device.
Dzeba teaches using a smartphone app (computing device) to interact remotely with the stove (para. 98). Official Notice is taken that receiving status information on a smartphone app from a remote device such as a thermostat from a home heating system is well-known and common knowledge. For example, the widely available Nest Thermostat comes with an app that receives status information from the thermostat. The first, second, and third generations of the thermostat were released before 2017.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba where the user can receive status information for the stove from the computing device, so that the user can be informed of the operation of the stove at all times and in remote locations.
Li teaches a pellet grill having a control unit comprising:
memory on which is resident programming that, when activated, provides functionality for the stove (it is inherent that the memory has programming for performing the functions) (paras. 30, 35), and
a processor that is used to process processes data and the programming to provide the functionality for the stove (para. 30).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba where the control unit comprises memory on which is resident programming that, when activated, provides functionality for the stove, a processor that is used to process processes data and the programming to provide the functionality for the stove. The motivation to combine to provide a computer controller that is cheap, reliable, programmable, and widely available. Computer control is ubiquitous and the benefit of computer control is that it is easy to program and integrate into various devices.
Regarding claim 2, modified Dzeba discloses the pellet stove of claim 1, the resident programming configured to provide functionality for the stove based at least on data indicative of user input received by the wireless communications module (Dzeba, para. 98).
Regarding claim 3, modified Dzeba discloses the pellet stove of claim 2, the user input comprising one or more of: timing data indicative of a timed event schedule; target temperature; power activation and/or deactivation (Dzeba, para. 98); economy mode activation and/or deactivation; fan speed; combustion temperature; and auger speed. Note: claim 3 has been examined to depend on claim 2.
Regarding claim 4, Dzeba discloses the pellet stove of claim 1, comprising a sensor that detects one or more environmental conditions in the environment around the stove. Official Notice is taken that this feature (e.g., a thermostat) is well-known and common knowledge. As explained in the rejection of claim 1, the Nest thermostat has a sensor that provides information regarding the temperature in a room of a house (i.e., the environment) to a smartphone app.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba to include a sensor, such as a temperature sensor of a thermostat, that detects one or more environmental conditions in the environment around the stove. The motivation to combine is so that the temperature of the room can be comfortably regulated.
Regarding claim 5, modified Dzeba discloses the pellet stove of claim 4, the resident programming configured to provide functionality for the stove based at least on data indicative of the one or more environmental conditions (the sensor of the thermostat would provide constant temperature data to the control unit, and the control unit would regulate the heat output from the stove based on the temperature data)
Regarding claim 6, Dzeba discloses the pellet stove of claim 1, comprising a sensor that detects one or more operating conditions of the stove (paras. 97, 104).
Regarding claims 7, 19, modified Dzeba discloses the pellet stove of claim 6 (or claim 16), the resident programming (see Li) configured to provide functionality for the stove based at least on data indicative of the one or more operating conditions of the stove (Dzeba; paras. 97, 104).
Regarding claim 8, Dzeba discloses the pellet stove of claim 6, the one or more operating conditions of the stove comprising one or more of: exhaust gas conditions; fan speed of one or more fans; auger speed and/or timing; amount of fuel present; and combustion temperature (para. 35).
Regarding claims 10, 11, Dzeba discloses the pellet stove of claim 1, except a display that displays information regarding the stove's operation to a user, and a display comprising a user input interface that it is configured to allow for user input indicative of stove operating instructions.
However, Li teaches a display (305+320) that displays information (e.g., chamber temperature) regarding the stove's operation to a user and a user input interface that it is configured to allow for user input indicative of stove operating instructions (para. 33), the display comprising a user input interface that it is configured to allow for user input indicative of stove operating instructions (para. 30).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba to include a display that displays information regarding the stove's operation to a user, the display comprising a user input interface that it is configured to allow for user input indicative of stove operating instructions. The motivation to combine is so that the user can receive real-time operation of the stove and input commands to the stove.
Regarding claim 12, modified Dzeba discloses the pellet stove of claim 10, the display displaying informational elements indicative of one or more of: a target temperature; an actual temperature; power condition of stove; exhaust vent temperature; settings mode indicative of the operational mode of the stove; a schedule of operation; and network connection status (Li; paras. 33).
Regarding claim 13, Dzeba discloses the pellet stove of claim 1, the wireless communication module operably in communication with a mobile device (smartphone) on which mobile device programming (inherent of a smartphone app) is resident to communicate with and control operations of the stove (para. 98).
Regarding claim 14, modified Dzeba discloses (see rejection of claim 1 for citations unless otherwise noted) a pellet stove that is remotely controllable by a user connected to a network to which the stove is connected, comprising: a combustion chamber in which pellet fuel is operably combusted to generate heat at a heat exchanger; a storage hopper that stores the pellet fuel; an auger that transports the pellet fuel from the hopper to the combustion chamber an exhaust fan that moves combustion gas out of the stove (Dzeba, para. 44), a convection fan that draws environmental air across an exterior surface of the combustion chamber and out into a target heated space (Dzeba, para. 141); a control unit comprising: memory that stores resident programming; a processor that processes received data in conjunction with the programming to provide the functionality for the stove; and a wireless communications module that communicates with a wireless network that is in communication with a computing device operated by a user to remotely control the functionality of the stove; and a display that display information regarding the operational conditions of the stove (see rejection of claim 10).
Regarding claim 15, modified Dzeba discloses the pellet stove of claim 14, the resident programming configured to provide functionality for the stove based at least on data indicative of user input to the computing device and received at the control unit (see rejection of claim 2).
Regarding claim 16, modified Dzeba discloses the pellet stove of claim 14, comprising a sensor that detects one or more environmental conditions in the environment around the stove (see rejection of claim 4).
Regarding claim 17, modified Dzeba discloses the pellet stove of claim 16, the resident programming configured to provide functionality for the stove based at least on data indicative of the one or more environmental conditions (see rejection of claim 5).
Regarding claim 18, modified Dzeba discloses the pellet stove of claim 14, comprising a sensor that detects one or more operating conditions of the stove (see rejection of claim 6).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dzeba (US 20230139453 A1) in view of Li (US 20210356130 A1), as applied to claim 1, and further in view of Hallowell (US 20150081086 A1).
Regarding claim 9, modified Dzeba discloses the pellet stove of claim 8, the resident programming configured to identify an alert condition (Dzeba, para. 104) EXCEPT where it is based on the detected exhaust gas conditions wherein the exhaust gas conditions comprise one or more of: CO levels, CO2 levels, O2 levels, particulate levels, and temperature.
Hallowell teaches using various sensors (e.g., particulate/smoke sensor 180 and temperature sensor 176) in the exhaust duct (para. 122; see also paras. 64, 137, 161 discussing where these sensors are used to detect an abnormal/alert condition).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba where the alert condition is based on the detected exhaust conditions where it is based on the detected exhaust gas conditions wherein the exhaust gas conditions comprise one or more of: CO levels, CO2 levels, O2 levels, particulate levels, and temperature. The motivation to combine is so that the user can be alerted of abnormal combustion conditions.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dzeba (US 20230139453 A1) in view of Li (US 20210356130 A1), as applied to claim 1, and further in view of Lamppa (US 20200271324 A1).
Regarding claim 20, modified Dzeba discloses (see rejection of claim 1 for citations unless otherwise noted) a pellet stove that is remotely controllable by a user connected to a network to which the stove is connected, comprising: a combustion chamber in which pellet fuel is operably combusted to generate heat at a heat exchanger; a storage hopper that stores the pellet fuel; an auger that transports the pellet fuel from the hopper to the combustion chamber an exhaust fan that moves combustion gas out of the stove (Dzeba, para. 44), a convection fan that draws environmental air across an exterior surface of the combustion chamber and out into a target heated space (Dzeba, para. 141); a control unit comprising: memory that stores resident programming configured to provide functionality for the stove based at least on data indicative of user input; a processor that processes received data in conjunction with the programming to provide the functionality for the stove; and a wireless communications module that communicates with a wireless network that is in communication with a computing device operated by a user to remotely control the functionality of the stove; a display that display information regarding the operational conditions of the stove, and that comprises a user input interface that is configured to allow for user input indicative of stove operating instructions (see rejection of claims 10 and 11); a first sensor that detects one or more environmental conditions in the environment around the stove and provides data indicative the detected conditions to the control unit (see rejection of claim 4); and a second sensor that detects one or more operating conditions of the stove and provides data indicative the detected conditions to the control unit (see rejection of claim 6),
EXCEPT: a door and at least one door vent to draw air across an interior surface of the door to mitigate soot, smoke, and fly-ash buildup.
However, Lamppa teaches a wood burning stove comprising a door (Fig. 2, 22) and at least one door vent (Fig. 2, 24) to draw air across an interior surface of the door to mitigate soot, smoke, and fly-ash buildup (Fig. 2 shows airflow C blowing smoke away from the door).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Dzeba to include a door and at least one door vent to draw air across an interior surface of the door to mitigate soot, smoke, and fly-ash buildup. The motivation to combine is so that the combustion chamber can be accessed for maintenance, repair, or cleaning.
Response to Arguments
Applicant asserts on pg. 7 of the Remarks the following:
PNG
media_image1.png
176
686
media_image1.png
Greyscale
Examiner’s response:
The exterior surface of the combustion chamber is the heated air facing side of the heat exchanger 5, where heat from the combustion chamber is used to heat air passing through the heat exchanger 5 (para. 141)
Applicant asserts on pg. 9 of the Remarks the following:
PNG
media_image2.png
292
676
media_image2.png
Greyscale
Examiner’s response:
Dzeba in view of Li discloses the resident programming configured to identify an alert condition, as explained in the rejection of claim 9. Hallowell also teaches resident programming (para. 58), and various sensors (smoke/particulate and temperature sensors) configured to identify an alert condition (i.e., abnormal or deviations from normal conditions). For example, too much smoke could indicate insufficient air (Hallowell; para. 64).
Conclusion
THIS ACTION IS MADE FINAL. 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 JASON LAU whose telephone number is (571)270-7644. The examiner can normally be reached Mon-Fri 8:00-5:00.
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, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON LAU/Primary Examiner, Art Unit 3762