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 § 103
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 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) 1-6 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turetta (US 5,491,423) in view of Hecht et al (US 5,877,475) and Hua (US 2017/0268935).
Turetta shows the radiant burner claimed including an insulating base (8) having a recess (which is illustrated by an opening through which a member is provided thereto as illustrated in Figure 2), a heating element (3/4) residing on the insulating base, a casing (shown by a support 7) which includes a recess (opening through which a member 10 as shown in Figure 2), a guide (shown by the member 10) residing inside the opening through of the insulating base, and a temperature sensor (70, also see Figure 7) for measuring a temperature inside the radiant burner.
But, Turetta does not show an insulating body that supports the temperature sensor wherein a portion of the insulation body is located inside the through opening of the insulating base and inside the guide formed by the casing wherein the insulating body is extending vertically through the insulating base and the guide.
Hecht discloses it is known to provide a temperature sensor (12) supported by an insulating body (15) for its thermal and radiation protection (column 4, lines 41-51) wherein a portion of the insulating body (15) is located inside an insulating base and extending vertically through an insulating base (i.e., the vertically insulation body 15 is provided through the insulation base 4 as shown in Figure 4).
Hua shows it is known to provide a temperature sensor (2) supported by an insulating body (17; also, see Figures 1 and 2) wherein a portion of the insulating body (17) is located inside a guide (3) that guides and encloses the temperature sensor, and the portion of the insulating body (17) is extending vertically through the guide as illustrated in Figure 5)
In view of Hecht, it would have been obvious to one of ordinary skill in the art to adapt Turetta with the temperature sensor (70) that is provided with an insulating body for protection of the temperature sensor from thermal and radiation effects as the sensor is provided through the insulating base wherein, in view of Hua, it would have been obvious to further provide the insulation body of the temperature sensor provided in the guide member of Turetta as taught by Hua so that the temperature sensor can also be predictably protected within the guide member as the guide is also provided through the casing and the insulating base.
With respect to claim 2, Turetta as modified by Hecht and Hua discloses the insulation body (15 as illustrated in Figure 4 of Hecht) fixed to the insulation base as illustrated in Figure 4.
With respect to claim 3, Turetta as modified by Hecht and Hua discloses the insulation body that is fixed to the guide (also, see Figure 5 of Hua).
With respect to claim 4, Turetta as modified by Hecht and Hua discloses the insulation body that is fixed to the insulating base and the guide as Turetta shows the temperature sensor having insulating body as taught by Hecht and Hua being fixed to the insulating base and with the guide (as illustrated by Hua).
With respect to claims 5 and 6, Turetta as modified by Hecht and Hua discloses the guide that surrounds the insulation body (as taught by Hua as illustrated in Figure 5 showing the guide 3 surround the insulating body 17) wherein the guide is substantially cylindrical as shown in Turetta (see Figure 3) and also by Hua (as shown in Figure 9).
With respect to claim 9, Turetta as modified by Hecht and Hua discloses the insulating body (i.e., the insulating body 15 of Hecht; and the insulating body 17 of Hua) that include a housing formed by its walls wherein the temperature sensor is at least partially housed and supported as illustrated in Figure 5 of Hecht and in Figure 5 of Hua.
With respect to claim 10, Turetta discloses the temperature sensor (70) that is arranged concentric to the insulating base as illustrated in Figures 1 and 7.
With respect to claim 11, Hecht discloses the temperature sensor being a thermocouple wherein it would have been obvious to provide the temperature sensor of Turetta with a thermocouple as an alternative substitution known in the art.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turetta in view of Hecht and Hua as applied to claims 1-6 and 9-11 above, and further in view of Bates et al (US 6,417,496).
With respect to claims 7 and 8, Turetta in view of Hecht and Hua discloses the burner claimed except for the guide having a substantially frustoconical guide as claimed.
Bates shows it is known to provide an insulating base having a recess (60) that is shaped having a substantially frustoconical shape, including a cylindrical segment and a frustoconical segment, to receive a temperature sensor assembly (72) having a corresponding frustoconical shape having a cylindrical segment with a frustoconical segment.
In view of Bates, it would have been to one of ordinary skill in the art to adapt Turetta, as modified by Hecht and Hua, with the guide, which forms a part of the temperature sensor assembly, be shaped in a substantially frustoconical shape including a frustoconical segment and a cylindrical segment as claimed, so that the guide can be adequately fit into the claimed frustoconical recess of the insulating base as shown in Bates as a matter of design choice that allows for various recess shapes and sizes, lacking criticality, formed in the insulating base as desired by the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761