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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Regarding claim 21, the phrase " wherein the third combustion chamber filters and decants particulate material product of combustion of the pellets " renders the claim indefinite because neither the claims nor specification offer any clarity or structure on how this would be performed.
Claims 22-40 are rejected due to their dependency on claim 21. The applicant's figures contain no structures that would suggest 'filtering and decanting' in the conventional sense, nor do they contain any additional structure. Since we don't know what they mean by filtering and decanting, and what structures enable performing that function we are going to assume that any structure that meets the limitations of the claims are capable of performing that function.
Claim 40 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as an intended use limitation. In claim 21, pellets are not positively claimed nor are any structures that would facilitate pre-dried and aerated pellets such as a pellet dryer, while claim 40 further limits what those pellets are. Claim 40 will be interpreted as an intended use limitation wherein claim 40 is limiting the intended use of the grill to pre-dried and aerated pellets.
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) 21-23, 26, 28, 30, 32-33, 35, and 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook, in view of Plunk (US 2019/0357728 A1), hereinafter Plunk.
Regarding claim 21,
Jae-Wook discloses:
A pellet stove (Pellet Stove 10) comprising a volume formed by a metal body (Double Wall Body 341) as a protective casing (Figures 2 and 4 and Page 9, Paragraph 37);
A pellet tank (Pellet Supply Control Housing 110) for holding a supply of pellets (Figures 2 and 4 and Pages 8-9, Paragraph 35);
A first combustion chamber (First Combustion Chamber 312) disposed below the pellet tank (Pellet Supply Control Housing 110) and below a path of descent of the pellets (Figures 2 and 4 and Page 7, Paragraph 17),
An inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350) having an inlet end attached to the first combustion chamber (First Combustion Chamber 312) (Figure 4).
And wherein the inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350) defines a second combustion chamber and is separate from the path of descent (Combustion Chamber 352) (Figures 2,4). Although Jae-Wook labels 352 as the third combustion chamber, it is more appropriate to consider it the second combustion chamber. The area labeled second combustion chamber in Jae-Wook is just an opening beneath a grate where fuel will go to burn out, not a place where post combustion of partial combustion products takes place.
Jae-Wook also discloses wherein a third combustion chamber (Combustion Chamber 362) is connected to an outlet end of the inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350), wherein the third combustion chamber (Combustion Chamber 362) filters and decants particulate material product of combustion of the pellets. As noted above, although Jae-Wook labels 352 as the third combustion chamber, it is more appropriate to consider it the second combustion chamber. The area labeled second combustion chamber in Jae-Wook is just an opening beneath a grate where fuel will go to burn out, not a place where post combustion of partial combustion products takes place. Furthermore, in reference to “filters and decants particulate material product of combustion of the pellets” because the claimed function is unclear (see 112(b) rejection above) and Jae-Wook discloses the required structure wherein a third combustion chamber is connected to an outlet end of the inclined hot gas outlet tube, Jae-Wook is interpreted as being capable of meeting the functional limitations of the claims. Note that the applicant's figures contain no structures that would suggest 'filtering and decanting' in the conventional sense, nor do they contain any more structure than the third combustion chamber disclosed by Jae-Wook. Since we don't know what the applicant means by filtering and decanting, and what structures enable performing that function we are going to assume that any structure that meets the limitations of the claims are capable of performing that function especially since there is nothing special that differentiates the third combustion chamber in Jae-Wook from the applicant’s.
The inclined hot gas tube (Vertical Passage Containing Second Combustion Section 350) can be seen below in the annotated drawing. It can clearly be seen that the vertical passage is an inclined hot gas outlet as well as defining the combustion chamber 350. The third combustion chamber 360 is then attached to the outlet of that vertical passage that contains 350. The inclined hot gas outlet tube is highlighted in yellow in the annotated drawing below.
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Jae-Wook does not disclose the first combustion chamber including a removable burner.
Plunk discloses a first combustion chamber (Chamber 150) including a removable burner (Chamber 150) (Figure 8, Page 5, Paragraph 72).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet stove of Jae-Wook wherein the first combustion chamber includes a removable burner as taught by Plunk. One of ordinary skill in the art would have been motivated to make this modification by Plunk’s teaching that a removable burner also allows for the ”burner [to] be used as a free standing solid fuel food warmer independent of the grill body” (Page 5, Paragraph 72).
Regarding claim 22,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses wherein there is a primary air inlet duct (Air Supply Structures 134, 138, 212, 328, 354, 364) having a first end extending through the metal body (Double Wall Body 341) and a second end extending into the first combustion chamber (First Combustion Chamber 312) (Figure 2 and Page 9, Paragraph 36).
Regarding claim 23,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 22 (see rejection of claim 22).
Jae-Wook further discloses wherein there are a plurality of perforations between the primary air inlet duct (Air Supply Structures 134, 138, 212, 328, 354, 364) and the path of descent of the pellets (Pellet Supply Conveying Pipe 132), wherein primary air drawn into the first combustion chamber (First Combustion Chamber 312) passes through the perforations (Air Ports 330) drawing air or humidity through the pellet tank (Pellet Supply Control Housing 110) (Figure 2).
Regarding claim 26,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 23 (see rejection of claim 23).
Jae-Wook further discloses a hinged lid (Pellet Supply Control Plate 12 and Hinges 122) in the casing for introducing pellets into the pellet tank (Pellet Supply Control Housing 110) (Page 6, Paragraphs 8-9 and Page 8, Paragraph 35).
Regarding claim 28,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses a metal plate attached to the casing (Double Walled Body 341) (Page 9, Paragraph 41).
While Jae-Wook may not explicitly state this, a double-walled body inherently has a metal plate attached to a single-wall casing.
Regarding claim 30,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses wherein pellets burning in the first combustion chamber (First Combustion Chamber 312) produce gases and flames that exit at an angle through the inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350) (Figures 2 and 4).
Regarding claim 32,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 31 (see rejection of claim 31).
Jae-Wook further discloses wherein the hot gas outlet tube (Exhaust Opening 332) further comprises a cold air inlet (Air Supply Structures 134, 138, 212, 328, 354, 364 and Air Ports 330) for introducing air into an interior of the gasifier jackets, the cold air inlet being located at a lower end of the hot gas outlet tube (Exhaust Opening 332) and downstream of the first combustion chamber (First Combustion Chamber 312).
Regarding claim 33,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 31 (see rejection of claim 31).
Jae-Wook further discloses wherein the third combustion chamber (Third Combustion Chamber 352) raises vertically from an outlet end of the hot gas outlet tube (Exhaust Opening 332) and wherein a series of gasification perforations (Air Supply Structures 134, 138, 212, 328, 354, 364 and Air Ports 330) of the gasifier jackets open into the third combustion chamber (Third Combustion Chamber 352) for introduction of flames generated by gasification into the third combustion chamber (Third Combustion Chamber 352) (Figures 2 and 4 and Page 9, Paragraphs 36 and 38).
Regarding claim 35,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses wherein the third combustion chamber (Third Combustion Chamber 352) accumulates heat and improves burning of residual gases (Page 10, Paragraph 42).
Regarding claim 37,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses wherein the third combustion chamber (Third Combustion Chamber 352) may have any suitable geometric shape (Figures 2 and 4).
“Any suitable geometric shape” is interpreted as allowing any suitable geometric shape, therefore Jae-Wook discloses this by having a suitable geometric shape by creating a functioning pellet burning system.
Regarding claim 38,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook further discloses wherein the first combustion chamber (First Combustion Chamber 312) is located in a functional center of the system between a primary air inlet (Air Supply Structures 134, 138, 212, 328, 354, 364 and Air Ports 330) and the inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350).
Claim(s) is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook, in view of Plunk (US 2019/0357728 A1), hereinafter Plunk and further in view of Leverty (WO 2008/030566), hereinafter Leverty.
Regarding claim 24,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Jae-Wook and Plunk do not disclose wherein the primary air inlet duct introduces air into the casing from the outside and circulates the air through the pellet tank and then to the removable burner in the first combustion chamber to provide a downdraft to prevent smoke rising through the pellet descent path.
Leverty further discloses wherein the primary air inlet duct (Primary Air Intake 14) introduces air into the casing from the outside and circulates the air through the pellet tank (Pellet Holder 12) and then to the removable burner (Burner Assembly 10, Burner Housing 11) in the first combustion chamber (Primary Combustion Area 13) to provide a downdraft to prevent smoke rising through the pellet descent path (Figures 7, 28, and 29, Pages 6-7, Lines 32-12, and Page 11, Lines 18-24, Page 15, Lines 25-31).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein the primary air inlet duct introduces air into the casing from the outside and circulates the air through the pellet tank and then to the removable burner in the first combustion chamber to provide a downdraft to prevent smoke rising through the pellet descent path as taught by Leverty. One of ordinary skill in the art would have been motivated to make this modification by Leverty’s teaching that air intake “further [facilitates] combustion” (Page 2, Lines 16-28).
Regarding claim 25,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 23 (see rejection of claim 23).
Leverty further discloses wherein the pellet tank (Pellet Holder 12) is disposed above the first combustion chamber (Primary Combustion Area 13) and wherein heat is conducted to the pellet tank (Pellet Holder 12) through thermal transmission of the metal body.
While Leverty does not explicitly state this, metal will inherently conduct heat. Therefore, Leverty does teach this as it has a metal body and a pellet tank disposed about the first combustion chamber.
Claim(s) 27, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook, in view of Plunk (US 2019/0357728 A1), hereinafter Plunk, and further in view of Emil (BG 2779 U1), hereinafter Emil.
Regarding claim 27,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21), but does not disclose wherein said system further comprises an ash drawer disposed below the removable burner for collecting ashes.
Emil discloses wherein said system further comprises an ash drawer (Ash Container 15) disposed below the removable burner (Removable Burner 1) for collecting ashes (Figures 1 and 2).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein said system further comprises an ash drawer disposed below the removable burner for collecting ashes as taught by Emil. One of ordinary skill in the art would have been motivated to make this modification as all pellet burning systems will create ash that needs to be removed and the easiest way to streamline that process is with a removable drawer that is easily accessible.
Regarding claim 29,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21), but do not disclose wherein the removable burner comprises a metal plate having a plurality of equidistance slots.
Emil discloses wherein the removable burner (Removable Burner 1) comprises a metal plate having a plurality of equidistance slots (Combustion Grate 6) (Figures 1 and 2).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein the removable burner comprises a metal plate having a plurality of equidistance slots as taught by Emil. One of ordinary skill in the art would have been motivated to make this modification as having a plurality of slots allows for air flow into the burner to adjust the overall efficiency of the system.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook, in view of Plunk (US 2019/0357728 A1), hereinafter Plunk, and further in view of Roos (US 4,646,661 A), hereinafter Roos.
Regarding claim 31,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 30 (see rejection of claim 30).
Jae-Wook further discloses wherein an interior of the hot gas outlet tube (Exhaust Opening 332), which defines the second combustion chamber (Second Combustion Chamber 322).
Jae-Wook and Plunk do not disclose wherein said interior further comprises a lining of one or more metal sheets about its surface forming gasifier jackets.
Roos discloses a lining (Refractory Lining 11) of one or more metal sheets about its surface forming gasifier jackets (Column 6, Lines 24-37).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein said interior further comprises a lining of one or more metal sheets about its surface forming gasifier jackets as taught by Roos. One of ordinary skill in the art would have been motivated to make this modification as linings are used in the vast majority of gasifiers and even in many pellet burning systems to increase overall system efficiency.
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook in view of Plunk (US 2019/0357728 A1), hereinafter Plunk, and further in view of Hyson (US 2016/0097540 A1).
Regarding claim 39,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21), but do not disclose wherein entry of primary air to the first combustion chamber is produced indirectly through a siphon-type system controlling the entry of air necessary for combustion of the pellets.
Hyson discloses entry of primary air to the first combustion chamber (Combustion Chamber 504) is produced indirectly through a siphon-type system (Air Supply Pipe 524) controlling the entry of air necessary for combustion of the pellets (Pages 3-4, Paragraphs 33-34).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein entry of primary air to the first combustion chamber is produced indirectly through a siphon-type system controlling the entry of air necessary for combustion of the pellets as taught by Hyson. One of ordinary skill in the art would have been motivated to make this modification as it is a simple way to introduce the required air for combustion with no costly parts or automation.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Wook (KR 101524436 B1), hereinafter Jae-Wook, in view of Plunk (US 2019/0357728 A1), hereinafter Plunk, and further in view of Kotyk (US 2016/0169581 A1).
Regarding claim 40,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21), but do not disclose wherein the pellets are pre-dried and aerated prior to entering the first combustion chamber.
Kotyk discloses wherein the pellets are pre-dried and aerated prior to entering the first combustion chamber (Figure 3 and Pages 3-4, Paragraphs 39 and 54).
It would have been obvious before the effective filing date of the claimed invention to modify the pellet burning system of Jae-Wook and Plunk wherein the pellets are pre-dried and aerated prior to entering the first combustion chamber as taught by Kotyk. One of ordinary skill in the art would have been motivated to make this modification by Kotyk’s teaching of that drying the pellets leads to “the water content…is further reduced in this way…consequently, a higher combustion temperature can be achieved in burning the biomass due to reduced water content, so that an improved combustion or even complete combustion can be achieved” (Page 3, Paragraphs 39).
Allowable Subject Matter
Claims 34 and 36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 34,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21).
Additionally, the closest prior art of record, Jae-Wook, discloses an inclined hot gas outlet tube (Vertical Passage Containing Second Combustion Section 350).
Furthermore, Emil discloses a removable burner (Removable Burner 1) and ash drawer (Ash Container 15).
However, the prior art does not disclose wherein the hot gas outlet tube is a square cross-section that serves as an ash return by gravity to an ash drawer below the removable burner.
There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of the prior art so that the hot gas outlet tube is a square cross-section that serves as an ash return by gravity to an ash drawer below the removable burner.
Regarding claim 36,
Jae-Wook and Plunk disclose the non-electric multifunction and configurable pellet burning system of claim 21 (see rejection of claim 21), but does not disclose one or more guide devices to guide and secure the removable burner in a position proximate to an interior of the hot gas outlet tube.
The closest prior art of record, Walters (US 2018/0325314 A1), hereinafter Walters, discloses guides (Guide 3044) for mounting the burner (Pellet Burner 3006) (Page 9, Paragraph 146).
The prior art does not disclose wherein said guide devices secure the removable burner in a position proximate to an interior of the hot gas outlet tube.
There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of the prior art so that said guide devices secure the removable burner in a position proximate to an interior of the hot gas outlet tube.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abbott (US 2019/0234610 A1) discloses a pellet combustion system with a plurality of chambers. Jarvi (US 5,983,885) discloses a pellet stove with a plurality of exhausts. Cullen (US 5,133,266) discloses a pellet burning system with a plurality of inlets. Norburn et al. (US 5,941,234) discloses a combustion cage for pellets with an inclined container. Bier (US 2008/0216396 A1) discloses a non-electric multifunction and configurable pellet burning system for home and industrial use. Laitinen et al. (US 2015/0226427 A1) discloses a method of collecting flue gas particles from a combustion chamber.
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/FREDERICA V. FINNEY-LONG/Examiner, Art Unit 3762 06/02/2025
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762