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 § 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.
Claim 4 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, it is unclear if "plurality of modelled fuel bed features" is the same as the "one or more modelled fuel bed features" recited in claim 3.
Regarding claim 19, the phrase “the one or more lighting elements” (line 17) lacks antecedent basis.
Allowable Subject Matter
Claims 1-3 and 5-18 are allowed.
Regarding claim 1, US 20060162198 to Hess et al. (Hess) is the closes prior. Hess teaches flame simulating assembly (simulated fireplace appliance) comprising an imaging system and a modelled fuel bed (22) having modelled fuel bed features (40), the imaging system configured to generate flame imagery overlaid the modelled fuel bed (22), comprising: one or more image display apparatus (flame picture projector 30) adapted to project flame image data (a plurality of motion pictures of flames 31 (represented by an outline of a picture of flames 32 in the drawings), ¶0041); one or more an image creation screens (screen 224 and diffusing member 239) adapted to receive projected image data from the one or more image display apparatus 30), the one or more image creation screens (224, 239) comprising, each or in combination, a multifaceted surface (non-planar back surface 228 of the diffusing member 239, ¶0065); and a translucent panel (diffusing member 239 or screen 24 is made of transparent or translucent material, ¶0043-0044) adapted to receive light from the one or more image creation screens and partially reflect said light from the appliance.
Hess does not teach the modelled fuel bed comprises one or more modelled fuel bed features optically aligned with at least one facet of the multifaceted surface.
Claims 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 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.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
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