DETAILED ACTION
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) 1-3, 9, 10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kim (KR 20200077403 A).
Regarding claim 1, Kim discloses a fire pit comprising:
one or more wall panels surrounding and partially defining a burn chamber for receiving a fuel or heat source to be burned therein (Fig. 9), at least one of the one or more wall panels having an interior wall (Fig. 5, 120) and an exterior wall (Fig. 5, 111), wherein the interior and exterior walls are spaced apart and define a passageway there between, wherein the interior wall includes a plurality of airflow openings (Fig. 9, A2) near an upper portion thereof, wherein air may enter the passageway at a lower opening (Fig. 2), wherein air, heated by combustion of the fuel or heat source, will rise vertically through the passageway and out the airflow openings into an upper portion of the burn chamber (Fig. 2), and wherein the departure of heated air from the passageway will create a low pressure area which draws additional air into the passageway through the lower opening (Fig. 2); and
an ash catch (Fig. 5; 150 or 160), wherein a portion of the burn chamber (Fig. 2, D) is unbound and open facing upwardly to define an upper opening in the fire pit whereby the burn chamber may be accessed to insert the fuel or heat source (Fig. 2), wherein the ash catch is removably postionable in the fire pit at a position below the burn chamber to at least partially define a lower boundary of the burn chamber (Fig. 4; see also Fig. 5 showing that the ash catch is removable), and wherein the ash catch is selectively movable from the position below the burn chamber, through the burn chamber, and out the upper opening in the fire pit to remove the ash catch from the fire pit to empty the ash catch (the ash catch can be removed from the wall and then lifted up and out of the chamber).
Regarding claim 2, Kim discloses the fire pit of claim 1, wherein the one or more wall panels includes a ledge (Fig. 5: L-shaped tab 161) on the interior wall adjacent a lower end thereof, wherein the ash catch (150) is selectively positionable in the position below the burn chamber, and wherein the ash catch, when in the position below the burn chamber, at least partially rests (indirectly or directly rests) on the ledge and is at least partially supported by the ledge.
Regarding claim 3, Kim discloses the fire pit of claim 2, further comprising a grate (Fig. 4, 160) selectively and removably postionable at a position adjacent (near) the bottom of the burn chamber.
Regarding claim 9, Kim discloses (see rejection of claim 1 for citations) a fire pit comprising: a plurality of wall panels secured together and cooperating to define sides of a burn chamber, wherein one or more of the plurality of wall panels has an interior wall segment spaced apart from an exterior wall segment to define a passageway there between, and wherein one or more of the interior wall segment includes an opening in an upper end, whereby air may flow up through the passageway, through the opening, and into the burn chamber to feed a fire in the burn chamber; and an ash catch removably receivable an area between the plurality of wall panels to define a bottom of the burn chamber, wherein the ash catch is removable from the area between the plurality of wall panels by movement up through the burn chamber an out an upper opening in the fire pit defined by an upper periphery of the plurality of wall panels.
Regarding claim 10, Kim discloses the fire pit system of claim 9, wherein one or more of the wall panels having interior and exterior wall segments includes an opening in a lower end to permit air to flow up into the passageway through the opening in the lower end (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.
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) 2-7, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20200077403 A) in view of Edwards (US 4457290 A).
Regarding claim 2, Kim wherein the one or more wall panels includes a ledge (Fig. 5: L-shaped tab 161) on the interior wall adjacent a lower end thereof, wherein the ash catch (160) is selectively positionable in the position below the burn chamber EXCEPT wherein the ash catch, when in the position below the burn chamber, at least partially rests on the ledge and is at least partially supported by the ledge.
However, Edwards teaches a fire pit charcoal cooker, comprising a ledge (Fig. 3, 39) positionable on the interior wall adjacent a lower end thereof, wherein the ash catch (grill 37) at least partially rests on the ledge and is at least partially supported by the ledge. Edwards teaches that the ledge can be positioned at varying heights to raise or lower the grill.
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Kim wherein the ash catch, when in the position below the burn chamber, at least partially rests on the ledge and is at least partially supported by the ledge. With the modification, the ledge can be positionable at different locations to raise or lower the ash catch and grate. The motivation to combine is so that the depth of the burn chamber can be customized. For example, if a small amount of fuel is placed in the burn chamber, then the grate and ash catch should be lifted upward so that there is better heat distribution outside the fire pit. Conversely, if a large amount of fuel is placed in the burn chamber, then the grate and ash catch should be placed lower to accommodate the extra fuel.
Regarding claim 3, Kim discloses the fire pit of claim 2, further comprising a grate (Fig. 4, 150) selectively and removably postionable at a position adjacent the bottom of the burn chamber.
Regarding claim 4, Kim discloses the fire pit of claim 3, wherein the grate (150), in a rest position inside the fire pit adjacent the bottom of the burn chamber, at least partially rests on a surface of the ash catch (160) (Fig. 4).
Regarding claim 5, Kim discloses the fire pit of claim 4, wherein the grate (150), in the rest position, at least partially rests on, and is at least partially supported by, an upper surface of the ash catch (160).
Regarding claim 6, modified Kim discloses the fire pit of claim 5, wherein the ash catch includes a flange (see Kim, horizontal portion of L-shaped tab 161, or see Edwards, side rail of grill 37), and wherein the ash catch (Kim, 160 or Edwards 37) at least partially rests on the ledge (Edwards, 39) of the one or more wall panels via the flange.
Regarding claim 7, modified Kim discloses the fire pit of claim 6, wherein the grate (Kim, 150) abuts (Fig. 5: via wall 153) and at least partially rests on the flange of the ash catch in the rest position, wherein the ash catch (Kim, 160) includes a pair of handles (Fig. 5 of Kim shows two protrusions on opposite sides of the insertion hole 167), and wherein both the ash catch and the grate may be removed from the burn chamber together by lifting upwardly on the handles and removing the combination of the ash catch and grate out the upper opening in the fire pit.
Regarding claim 16, modified Kim discloses (see rejection of claim 1 for citations unless otherwise noted) a fire pit having a burn chamber, the fire pit comprising: a wall panel defining a lateral boundary of the burn chamber, the wall panel having an interior wall segment spaced apart from and exterior wall segment to define a passageway there between, a lower opening to allow air to flow through the lower opening up into the passageway, a plurality of openings in an upper portion of the interior wall segment to allow air to flow from the passageway out into the burn chamber, and a ledge extending inwardly from the interior wall segment; and an ash catch removably postionable in the burn chamber to define a lower boundary of the burn chamber, wherein an upper periphery of the wall panel defines a lateral boundary of an upwardly facing opening in the fire pit, wherein fuel or combustible material is received into the burn pit through the upwardly facing opening, wherein the ash catch is receivable in the burn chamber through the upwardly facing opening, wherein the ash catch includes a flange (see Kim, horizontal portion of L-shaped tab 161, or see Edwards, side rail of grill 37), and wherein the flange is supported on the ledge (Edwards, 39) when the ash catch is placed in the burn chamber.
Claim(s) 8, 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20200077403 A) in view of Green (GB 2340930 A).
Regarding claim 8, Kim discloses the fire pit of claim 1, wherein the ash catch includes a base (160), wherein the air from the ash chamber may flow upwardly from the ash chamber into the bottom of the burn chamber (via the holes 151) to help feed a fire in the burn chamber (Fig. 4) EXCEPT where the base has one or more sidewalls extending upward from the base that cooperate to define an ash chamber, wherein one or more of the one or more sidewalls of the ash catch include a plurality of airflow openings to allow air to flow from outside the ash catch, through the plurality of airflow openings, and into the ash chamber.
However, Green teaches an ash catch (Fig. 1, 20) for a solid fuel cooker, comprising: a base having one or more sidewalls extending upward from the base that cooperate to define an ash chamber, wherein one or more of the one or more sidewalls of the ash catch include a plurality of airflow openings to allow air to flow from outside the ash catch, through the plurality of airflow openings, and into the ash chamber (ash catch 20 is similar to drawers 22, 24 having sidewalls and air holes 60 in the sidewalls; see pg. 5, lines 27-31).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Kim where the base has one or more sidewalls extending upward from the base that cooperate to define an ash chamber, wherein one or more of the one or more sidewalls of the ash catch include a plurality of airflow openings to allow air to flow from outside the ash catch, through the plurality of airflow openings, and into the ash chamber. The motivation to combine is so that ash that falls through the openings (Kim, 151) in the grate (Kim, 150) can be collected and cleanly removed. The sidewalls in the ash catch would keep the ash collected while permitting combustion supporting airflow to enter the base of the grate.
Regarding claim 11, Kim discloses the fire pit system of claim 10, except wherein the ash catch includes a base with one or more sidewalls extending upward from the base that cooperate to define an ash chamber. However, see the modification made for the rejection of claim 8.
Regarding claim 12, modified Kim discloses the fire pit of claim 11, wherein one or more of the one or more sidewalls of the ash catch include a plurality of airflow openings to allow air to flow from outside the ash catch, through the plurality of airflow openings, and into the ash chamber, and wherein the air from the ash chamber may flow upwardly from the ash chamber into the bottom of the burn chamber to help feed a fire in the burn chamber. See the modification made for the rejection of claim 8.
Regarding claim 13, modified Kim discloses the fire pit of claim 12, wherein the ash catch includes a flange (Fig. 1 of Green: bottom flange for resting on the ledge 32) coupled with one or more of the one or more sidewalls of the ash catch, and wherein the flange engages with a portion of one or more of the plurality of wall panels when the ash catch is placed in the fire pit to support the ash catch in the fire pit.
Regarding claim 14, Kim discloses the fire pit of claim 12, wherein one or more of the plurality of wall panels includes a cutout (Figs. 2/5, 111a) in the exterior wall segment to define a base, wherein air may flow from outside the fire pit, through the cutout, and up into the opening in the lower end of the wall panel into the passageway or through one of the airflow openings in the ash catch into the ash chamber.
Regarding claim 15, Kim discloses the fire pit of claim 14 further comprising a grate (Fig. 4, 150) for selective positioning above the ash catch (160) for supporting fuel or combustible material to be burned thereon, wherein the ash catch includes a peripheral flange (Fig. 4: extension for supporting the leg 157 of the grate), wherein the grate is configured to rest on the peripheral flange of the ash catch, and wherein the grate includes a recess (Fig. 4, 152) to allow a handle (Fig. 4, 171) of the ash catch to pass through or around the grate.
Regarding claim 17, Kim discloses the fire pit of claim 16, further comprising a grate (Fig. 4, 150) removably postionable in the burn chamber for supporting fuel or combustible material thereon, the grate positioned above the ash catch (Fig. 4, 160) and having holes (151) therein such that ash created in the burn chamber by burning fuel or combustible material falls through the grate and into an ash chamber of the ash catch.
Allowable Subject Matter
Claims 18-20 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.
Response to Arguments
Applicant asserts on pg. 11 of the Remarks:
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Examiner’s Response:
The ash catch would catch a significant amount of ash while the stove is in use, as would be readily apparent when looking at Fig. 9.
Applicant asserts on pgs. 12 and 13 of the Remarks:
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Examiner’s Response:
The claim does not require that the support 150 be moved straight up and out of the fire pit. Moreover, the claim only requires that the ash catch be movable from a position below the burn chamber and out the upper opening in the fire pit, regardless of its state of assembly.
Furthermore, the support 150 can be removed by pulling it away from the sidewall 110 a small distance so as to remove the rib 155 from the hole 117a, and then upward through the burn chamber, with the other sidewalls 110 pushed slightly apart to allow clearance when the support 150 is pulled away from the sidewall 110.
Applicant asserts on pg. 14 of the Remarks:
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Examiner’s Response:
Regarding claim 2, the rib 161 is pressed up on the interior wall 120 when it is fitted into the groove 122.
Regarding Edwards, Edwards teaches a ledge 39 for supporting a grill rack. Although the grill is not primarily used as an ash catch, the concept of using a ledge to support a rack can be applied to the stove of Kim so that the depth of the burn chamber can be adjusted, depending on the desired amount of fuel used.
Applicant asserts on pg. 15 of the Remarks:
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Examiner’s Response:
The extensions 39 in Edwards attach to the side wall via the openings 36 in the side wall. Therefore, they form a ledge on the side wall.
Edwards explicitly teaches that the ledges are designed to raise or lower a rack within a burn chamber. The stated motivation to combine closely mirrors this purpose.
Applicant asserts on pg. 16 of the Remarks:
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Examiner’s Response:
The cited protrusions can be lifted upward by spacing the sidewalls 110 slightly apart to give it clearance for a user to remove it from the burn chamber.
Applicant asserts on pg. 17 of the Remarks:
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Examiner’s Response:
The claim does not require a user to lift up the support coupling protrusion.
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.
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/JASON LAU/Primary Examiner, Art Unit 3762