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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the translucent panel comprising two or more parts (claim 5) and the image data comprising one or more sources of imagery stitched together (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4, 5, 8, 14, 15, 16 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 5, the phrase “the segments” lacks antecedent basis.
Regarding claim 8, the phrase “the image frame” lacks antecedent basis.
Regarding claim 14, the phrase “the location of lighting components” lacks antecedent basis. It is unclear if the lighting components are the same as the one or more lighting components recited in claim 13.
Regarding claim 14, the phrase “the one or more lighting element” lacks antecedent basis.
Regarding claim 15, it is unclear if the pixel information is the same as the pixel information recited in claim 14.
Regarding claim 16, the phrase “the optical system” lacks antecedent basis.
Regarding claim 16, it is unclear if the “image display apparatus” and the “image creation screen” are the same as the image display apparatus and the image creation screen recited in claim 1.
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.
Claims 1-13, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20060162198 to Hess et al. (Hess).
Regarding claim 1, 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.
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Regarding claim 2, Hess teaches the multifaceted surface(non-planar back surface 228 of the diffusing member 239, ¶0065) comprises segments for display of received image data delineated by one or more of: angular transitions and changes of a rate of curvature.
Regarding claim 3, Hess teaches modelled fuel bed (22) comprises one or more modelled fuel bed features (simulated fuel elements 40) optically aligned with at least one facet of the multifaceted surface (figures 1C and 2).
Regarding claim 4, Hess teaches the modelled fuel bed (22) comprises a plurality of modelled fuel bed features (simulated fuel elements 40), and at least a first modelled fuel bed feature (40) comprises a direction of extension which is non-planar with at least a second modelled fuel bed feature (40), and whereby each of the first and second modelled fuel bed features (40) are each optically aligned with at least one facet of the one or more an image creation screens (screen 224 and diffusing member 239).
Regarding claim 5, Hess teaches the translucent panel (diffusing member 239 or screen 24 is made of transparent or translucent material, ¶0043-0044) comprises two or more parts (screen 24 is made of transparent or translucent material and layer of translucent plastic 39), the segments collectively comprising the translucent panel (layer of translucent plastic 39) adapted to receive light from the image creation screen (226).
Regarding claim 6, Hess teaches the image data (a plurality of motion pictures of flames 31 (represented by an outline of a picture of flames 32 in the drawings), ¶0041) comprises an image frame defining two or more regions (flame region and peripheral region), each region substantially aligned with a facet of the multifaceted surface (¶0054-0058).
Regarding claim 7, Hess teaches one or more regions of the image frame substantially corresponds to a facet (¶0065) of the multifaceted screen and to a feature of the modelled fuel bed.
Regarding claim 8, Hess teaches the image frame comprises a video frame (each frame of the video) in a sequence of video frames (motion pictures of flames 31 are created by the flame picture projector 30 from recorded pictures of flames 33, ¶0054), and one or more regions of the video frame substantially corresponds to a facet of the multifaceted screen ((non-planar back surface 228 of the diffusing member 239, ¶0065) and to a component of the modelled fuel bed (22).
Regarding claim 9, Hess teaches the image data comprises a flame media frames (motion pictures of flames 31 are created by the flame picture projector 30 from recorded pictures of flames 33, ¶0054).
Regarding claim 10, Hess teaches the image data comprises video footage of real flames (motion pictures of flames 31 are created by the flame picture projector 30 from recorded pictures of flames 33, ¶0054)..
Regarding claim 11, Hess teaches the image data comprises one sources of imagery stitched together to form the image, (¶0054-0058).
Regarding claim 12, Hess teaches the one or more image creation screen (screen 224 and diffusing member 239) comprises one or more of a semi-transparent surface, a semi-transparent cloth, or semi- transparent plastic material. Hess teaches “the body portion 25 of the screen 24 is made of transparent or translucent material, such as glass, acrylic or Perspex” (¶0043).
Regarding claim 13, Hess teaches the imaging system further comprises: a processor (computer 66); and one or more lighting components (ember bed light source 48) located in the modelled fuel bed (¶0051 and 0056).
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Regarding claim 17, Hess teaches the appliance comprises any one of a heating or cooling system operational to heat or cool the appliance and environment (¶0003).
Regarding claim 18, Hess teaches three- dimensional flame imagery and/or two dimensional multiplanar flame imagery (¶0013, 0064-0067).
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20060162198 to Hess et al. (Hess) in view of US 20080138050 to Moreland.
Hess does not teach comprises two image display apparatus.
Moreland teaches a topdown simulated flame comprising an imaging system (flame simulation apparatus 28) and a modelled fuel bed (simulated fire log set 30) having modelled fuel bed features (30 and 31), the imaging system configured to generate flame imagery (¶0024) overlaid the modelled fuel bed (30), comprising: one or more image display apparatus (flame simulation apparatus 28) adapted to project flame image data (simulated flames, ¶0024); one or more an image creation screens (disc 36) adapted to receive projected image data from the one or more image display apparatus (light source 32 and gobo 34), the one or more image creation screens (disc 36) comprising, each or in combination, a multifaceted surface (¶0036); and a translucent panel (screen 43) adapted to receive light from the one or more image creation screens (disc 36) and partially reflect said light from the appliance.
Regarding claim 16, Moreland teaches the optical system comprises two image display apparatus (28) and one image creation screen (43), wherein each image display apparatus (28) is configured to provide a combined output which substantially spans the image creation screen (¶0045).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct flame simulating assembly taught by Hess with two image display apparatuses as taught by Moreland with a reasonable expectation of success to provide to enhance the aesthetic appearance of the simulated fireplace assembly.
Allowable Subject Matter
Claims 14 and 15 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.
Regarding claim 14, the prior art of record does not teach or suggest a processor (computer) is configured to: receive the image data for display; determine the location of lighting components in the modelled fuel bed and corresponding pixel information; and control the one or more lighting elements based on the pixel information.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20120230014 to Berg et al. and CN 107642813 to Zhu are cited to show simulated fireplaces. US 20180363866 to Jones et al. teaches a flame simulating assembly comprising a multi-faced screen (imaging wall 110).
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