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.
Claims 6 and 14 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 claims 6 and 14, the limitation “a thermal resistant material, a fire resistant material, or a fire retardant material” is indefinite, because the definition of the “thermal resistant material”, “fire resistant material”, and “fire retardant material” are unclear. What kind of materials are considered as “thermal resistant material”, “fire resistant material”, and “fire retardant material”? Every material has a certain level of thermal resistance.
For the purpose of examination, the limitation “a thermal resistant material, a fire resistant material, or a fire retardant material” is interpreted to be any material.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muinde (US 2013/0087177).
Regarding claim 1, Muinde teaches an apparatus comprising:
a rod (adjustable stand 2) having a first end and a second end (See fig.4, adjustable stand 2 has two ends);
a handle (handle; see the annotation of fig.4) coupled to the first end and configured to engage a hand of a user (see fig.4, handle coupled to an end of adjustable stand 2 and configured to engage a hand of a user);
one or more prongs (prong; see the annotation fig.4) extending from the second end (see fig.4, prong extending form another end of adjustable stand 2); and
a shield (upper shade 3) coupled to the rod (adjustable stand 2) at a location between the first end and the second end (see fig.4), wherein the rod (adjustable stand 2) is configured to extend through a center of the shield (upper shade 3), and wherein the shield is configured to block heat or fire from the user (See fig.4, Adjustable stand 2 extends through a center of upper shade 3 is capable to extend through a center of upper shade3 and to block heat from the user.)
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Regarding claims 2, 13, and 18, Muinde teaches the rod (adjustable stand 2) comprises a first portion and a second portion, and wherein the second portion is configured to be telescopic (see fig.6, a portion of adjustable stand 2 is capable to be telescopic.)
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Regarding claims 3, 11, and 19, Muinde teaches the handle is straight (see fig.4, the handle is straight.)
Regarding claims 4, 12, and 20, Muinde teaches the handle comprises any one of wood, metal, plastic, or fabric (see para.[0026] “The bottom stand 1 is made from hard plastic or any kind of light weight metals”).
Regarding claims 5 and 10, Muinde teaches a portion of the handle is configured to rotate the one or more prongs [Examiner’s note: The handle is capable to rotate the prong by rotating the handle.].
Regarding claim 6 and 14, Muinde teaches the shield (upper shade 3) comprises any one of a thermal resistant material, a fire resistant material, or a fire retardant material [Examiner’s note: Every material has a certain level of thermal resistance. Hence, upper shade 3 comprises a thermal resistant material.]
Regarding claims 7 and 15, Muinde teaches the shield (upper shade 3) is configured to be collapsible [Examiner note: The device of Muinde is an umbrella, therefore the upper shape of an umbrella is inherently capable to be collapsible.]
Regarding claim 8, Muinde teaches a fire roasting device comprising:
a rod (adjustable stand 2) having a first end and a second end (See fig.4, adjustable stand 2 has two ends);
a handle (handle; see the annotation of fig.4) coupled to the first end and configured to engage a hand of a user (see fig.4, handle coupled to an end of adjustable stand 2 and configured to engage a hand of a user); and
a shield (upper shade 3) coupled to the rod (adjustable stand 2) at a location between the first end and the second end (see fig.4), wherein the rod (adjustable stand 2) is configured to extend through a center of the shield, and wherein the shield is configured to block heat or fire from the user (See fig.4, Adjustable stand 2 extends through a center of upper shade 3 is capable to extend through a center of upper shade3 and to block heat from the user.).
Regarding claims 9 and 17, Muinde teaches one or more prongs (prong; see the annotation fig.4) extending from the second end (see fig.4, prong extending form another end of adjustable stand 2);
Regarding claim 16, Muinde teaches an apparatus comprising:
a rod (adjustable stand 2) having a first end and a second end (See fig.4, adjustable stand 2 has two ends);
a handle (handle; see the annotation of fig.4) coupled to the first end and configured to engage a hand of a user (see fig.4, handle coupled to an end of adjustable stand 2 and configured to engage a hand of a user); and
a shield (upper shade 3) coupled to the rod (adjustable stand 2) at a location between the first end and the second end (see fig.4), wherein the rod (adjustable stand 2) is configured to extend through a center of the shield, and wherein the shield is configured to block heat or fire from the user (See fig.4, Adjustable stand 2 extends through a center of upper shade 3 is capable to extend through a center of upper shade3 and to block heat from the user.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/CHRIS Q LIU/Primary Examiner, Art Unit 3761