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 .
DETAILED ACTION
Claim Objections
Claim 1 recites “a groove (15) is recessed on a side of the water tank” then goes on to recite “… installed in the recess” and “at an opening end of the recess.” The applicant should amend the claim for consistency and clarity. The examiner suggest amending “a groove (15) is recessed on a side of the water tank” to -a recess (15) on a side of the water tank-.
Claim 4 is objected to because it includes reference characters which are not enclosed within parentheses.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“by means of a plurality of screws” in claim 1;
“by means of a snap-on connector” in claims 2 and 7.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dabrowski (WO 2024107072 A1), hereinafter Dabrowski, in view of Zhao (CN 104791704 A), hereinafter Zhao, and further in view of Walker (US 5420961 A), hereinafter Walker.
Regarding claims 1 and 5, Dabrowski discloses a water vapor fireplace, comprising
a fireplace body, wherein an upper end of the fireplace body is sleeved with a frame fixedly connected to the fireplace body (See figures),
a top cover on the frame (“a rectangular housing 1 open from the top, the opening of which is closed by a cover 2” paragraph [0019]),
a light-transmitting channel arranged in a length direction of the top cover is installed on an upper surface of the top cover (“a cover 2 in which, substantially along its entire length, in the middle of its width, an elongated rectangular opening is formed” paragraph [0019]),
a water tank is installed inside the fireplace body (“a water and mist tank 3” paragraph [0019]),
a mist outlet is installed on the upper surface of the water tank, an upper end of the mist outlet extends into a side of the light-transmitting channel (“a linear mist outlet duct 8, which is terminated by a mist slot nozzle 9” paragraph [0019]),
a light-emitting diode (LED) light group located inside the fireplace body and installed inside the fireplace body is arranged below the light-transmitting channel (“the illumination 16 takes the form of multiple LEDs” paragraph [0019]),
a fan having an air outlet penetrating the water tank is installed on the upper surface of the water tank (“The mounting plate with the mist fan 7 is fixed in a window formed in the top wall of the water and mist tank 3” paragraph [0019]),
a mist maker is installed at an inner bottom of the water tank (“ultrasonic mist generators 4” paragraph [0019],
a heating element is installed on a side of the water tank facing the LED light group (“at the outlet the mist is heated by the heater 15, which causes convective rising and faster discharge” paragraph [0019]),
a groove is recessed on a side of the water tank (Figure 2),
a circuit board electrically connected to the LED light group, the mist maker, the heating element, and the fan is installed inside the recess (“The device according to the invention is equipped with a controller located in the housing 22 for controlling the operation of the device, a low-voltage power supply and a manipulator located on the cover of the device” paragraph [0019]),
a cover plate is arranged at an opening end of the recess (The side of housing 1 covering the recess).
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Dabrowski does not disclose
the top cover is inserted in the frame, wherein a plurality of L-shaped seats for limiting a position of the top cover are arranged on a lower side of the top cover, vertical portions of the L-shaped seats are fixed on an inner wall of the fireplace body, and horizontal portions of the L-shaped seats extend into the frame and make contact with the top cover,
the cover plate is fixedly connected to the fireplace body by means of a plurality of screws.
However, Zhao teaches the top cover is inserted in the frame, wherein a plurality of L-shaped seats for limiting a position of the top cover are arranged on a lower side of the top cover, vertical portions of the L-shaped seats are fixed on an inner wall of the fireplace body, and horizontal portions of the L-shaped seats extend into the frame and make contact with the top cover (“the shell of the water tank 2 has an opening 21 and is formed on the opening edge of the embedded groove 22” all citations from the machine translation appended to the foreign reference).
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In view of Zhao’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the top cover is inserted in the frame, wherein a plurality of L-shaped seats for limiting a position of the top cover are arranged on a lower side of the top cover, vertical portions of the L-shaped seats are fixed on an inner wall of the fireplace body, and horizontal portions of the L-shaped seats extend into the frame and make contact with the top cover as is taught in Zhao, in the water vapor fireplace disclosed by Dabrowski because inserting the top cover in the frame as in Zhao will limit or prevent lateral movement of the cover with respect to the frame. Therefore, including the teachings of Zhao will provide a more stable configuration in Dabrowski.
Dabrowski, as modified by Zhao, does not disclose the cover plate is fixedly connected to the fireplace body by means of a plurality of screws.
However, Walker teaches the cover plate is fixedly connected to the body by means of a plurality of screws (“The purpose of the right chamber 21 is to accommodate the water tight black box electronics 28. The right chamber 21 is accessible from the rear via an access panel 29 and secured by non-standard safety screws (not shown) best seen in FIG. 4” column 5, line 4).
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In view of Walker’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the cover plate is fixedly connected to the body by means of a plurality of screws as is taught in Walker, in the water vapor fireplace disclosed by Dabrowski because including a screw on access panel will simplify access for maintenance.
Regarding claim 8, Dabrowski, as modified by Zhao and Walker, discloses the water vapor fireplace according to claim 1, wherein a plurality of third heat dissipation openings are provided in a side surface of the cover plate uniformly (Figure 1).
Dabrowski, as modified by Zhao and Walker, does not disclose a plurality of first heat dissipation openings arranged at equal intervals are machined on a bottom of the fireplace body and a side surface of the fireplace body, a plurality of second heat dissipation openings arranged at equal intervals are provided in the upper surface of the top cover.
However, the court has held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the difference between the claim and the prior art is the provision of additional openings. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to duplicate the openings in additional sides such as the bottom and cover.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dabrowski, in view of Zhao, in view of Walker, and further in view of Liang (CN 111780047 A), hereinafter Liang.
Regarding claim 6, Dabrowski, as modified by Zhao and Walker, discloses the water vapor fireplace according to claim 1.
Dabrowski, as modified by Zhao and Walker, does not disclose wherein a plurality of positioning seats are installed at a bottom of the water tank uniformly, each positioning seat has a hollow structure, and the positioning seats are fixed in an inner bottom of the fireplace body.
However, Liang teaches wherein a plurality of positioning seats are installed at a bottom of the water tank uniformly, each positioning seat has a hollow structure, and the positioning seats are fixed in an inner bottom of the fireplace body (“the lower part of the first fixed support 214 and the second fixed support 215 may also be provided with a high pad assembly 216, the pad assembly 216 may be threaded or welded to the bottom of the storage chamber 2. the cushion assembly 216 can be set as left and right two, respectively connected with the first fixed support 214 and the second fixed support 215, for the whole liquid storage container 21 is set in the cavity 2, the liquid storage container 21 is fixed and maintained more convenient, at the same time, the liquid storage container 21 at the fixed time will not have position deviation, so as to ensure the second outlet passage 2121 can be aligned to the first outlet passage 111” all citations from machine translation appended to foreign reference).
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In view of Liang’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein a plurality of positioning seats are installed at a bottom of the water tank uniformly, each positioning seat has a hollow structure, and the positioning seats are fixed in an inner bottom of the fireplace body as is taught in Liang, in the water vapor fireplace disclosed by Dabrowski because Liang states that the configuration is “fixed and maintained more convenient.” Therefore, including the configuration will fix and maintain the water tank in Dabrowski.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dabrowski, in view of Zhao, in view of Walker, and further in view of Wang (US 7012194 B1), hereinafter Wang.
Regarding claim 7, Dabrowski, as modified by Zhao and Walker, disclose the water vapor fireplace according to claim 1, wherein a mist maker extension wire is electrically connected to the mist maker, an end of the mist maker extension wire is electrically connected to the circuit board, a fan extension wire is electrically connected to the fan, an end of the fan extension wire is electrically connected to the circuit board, a light group extension wire is electrically connected to the LED light group, and an end of the light group extension wire is electrically connected to the circuit board (“The device according to the invention is equipped with a controller located in the housing 22 for controlling the operation of the device, a low-voltage power supply and a manipulator located on the cover of the device” paragraph [0019] implies that the device is electrically wired. See also Walker).
Dabrowski, as modified by Zhao and Walker, does not disclose snap-on or snap-on waterproof connections.
However, Wang teaches snap-on waterproof connections (“a box comprised of two pre-fabric halves abutted to each other with built-in locking ribs and clamping channels are provided; and the exposed metal ends of both sections of a cable are simply inserted into the box from opposite sides and snapped to each other” column 1, line 48 and “The appearance of the box may have any design as the creativity goes as long as it is attractive and waterproof” column 2, line 36).
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In view of Wang’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include snap-on waterproof connections as is taught in Wang, in the water vapor fireplace disclosed by Dabrowski because Wang states the connections permit “easy, safe, and quick connection” (abstract). Therefore, including the connections taught by Wang will simplify and improve safety in the electrical connections of Dabrowski.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dabrowski, in view of Zhao, in view of Walker, and further in view of Philippe (FR 2677437 A1), hereinafter Philippe.
Regarding claim 9, Dabrowski, as modified by Zhao and Walker, discloses the water vapor fireplace according to claim 1, wherein a side of the upper surface of the water tank is provided with a groove, a water inlet is installed at an inner bottom of the groove, and a threaded cap is threadedly connected to an upper end of the water inlet (“On the upper wall of the front part 3a of the water and mist container 3, there is a manual water inlet closed by a nut 19” paragraph [0019]).
Dabrowski, as modified by Zhao and Walker, does not disclose the groove for installing a control board (The examiner notes that Dabrowski does disclose “a manipulator located on the cover of the device, which makes it possible to start or stop the device with the start/stop button, to adjust the magnitude of the flame effect with the buttons by adjusting the amount of mist to be generated, as well as to start the pump for filling the water and mist tank 3 with water by pressing and holding the button” paragraph [0019], but the specific location of the control board for these manipulators is not clear).
However, Philippe teaches the groove for installing a control board (“an electrical box 42” and “The housing 42 is preferably fixed on the internal face of the front wall 18 of the device 1 (FIG. 5) while on the external face of this wall are provided two control buttons 43 and 44 (see FIG. 1)” all citations from the machine translation appended to the foreign reference).
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In view of Philippe’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the groove for installing a control board as is taught in Philippe, in the water vapor fireplace disclosed by Dabrowski because the court has held that particular placement was held to be an obvious matter of design choice In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) and shifting the position of the starting switch would not have modified the operation of the device In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, Dabrowski teaches a starting switch, but it is not clear that the control board for the switch is located in the groove. Philippe teaches the control board for the switch is located in the groove.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dabrowski, in view of Zhao, in view of Walker, and further in view of Ratkus (US 20140268736 A1), hereinafter Ratkus.
Regarding claim 10, Dabrowski, as modified by Zhao and Walker, discloses the water vapor fireplace according to claim 1.
Dabrowski, as modified by Zhao and Walker, does not disclose wherein the LED light group is installed inside a heat insulation cover, the heat insulation cover has a cross section of a U-shaped structure, and the heat insulation cover is installed inside the fireplace body.
However, Ratkus teaches wherein the LED light group is installed inside a heat insulation cover, the heat insulation cover has a cross section of a U-shaped structure (“Each of the side walls 213 may include a first projection 217 extending into the channel 215 adjacent to the bottom wall 211. The first projection 217 of each side wall 213 may be capable of being disposed above the substrate 41 of the LED strip 4 and helping maintain the position of the LED strip 4 relative to the housing 2” paragraph [0024] and “The extruded housing is preferably made using high density polyethylene (HDPE). Other polymers may also be used, including high temperature ABS, acrylic or polycarbonate. Extruding the housing 2 using a polymeric material also provides an electrical insulator, thereby eliminating the need for a separate insulator between the trough and the light source” paragraph [0031]).
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In view of the teachings of Ratkus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the LED light group is installed inside a heat insulation cover, the heat insulation cover has a cross section of a U-shaped structure as is taught in Ratkus, in the water vapor fireplace disclosed by Dabrowski because Ratkus teaches “An opaque trough portion 21 will prevent loss of light through the housing 2 in undesired locations” (paragraph [0033]). Therefore, including the insulation cover taught by Ratkus will prevent the loss of light in undesired directions.
Allowable Subject Matter
Claims 2-4 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art of record teaches or suggests a water vapor fireplace with all of the limitations of claim 2 particularly the limitations directed to the particular configuration of supports as set forth in the claim.
Claim 2 recites the limitations:
a plurality of support bases (19) are uniformly arranged on a lower surface of the PTC heating plate (16), the support bases (19) are fixedly connected to the water tank (11), each support base (19) has a hollow structure, each support base (19) has a rectangular cross-section,
positioning slots (25) are provided in upper portions of two side surfaces of the support bases (19) adjacent to the water tank (11),
positioning bars (27) matching the positioning slots (25) are fixedly connected to two parallel side surfaces of the PTC heating plate (16), the positioning bars (27) are arranged in a length direction of the PTC heating plate (16), the positioning bars (27) are inserted in the positioning slots (25), the PTC heating plate (16) is electrically connected to a heating plate extension wire by means of a snap-on connector, and an end of the heating plate extension wire is electrically connected to the circuit board
Dabrowski, as modified by Zhao and Walker, does not disclose the above limitations and no art was found such that further modification of Dabrowski would have made the claim obvious. Therefore, these limitations, when combined with every other limitation of the claim, distinguish the claim from the prior art. Claims 3 and 4 are objected to at least because they depend from claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Betz (CN 101883953 A) “To assist in discharging the mist upward movement of, preferably, heating the at least one surface of the chimney. will be know to the exemplary arrangement of chimney is formed to have a generally rectangular cross-section, and slot is provided in the top surface thereof. In the arrangement of FIG. 12, by the active heating element 1210 coupled to the side wall”
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Zhao (US 20140355970 A1)
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Fomenko (US 9709282 B1) “light sources (8), e.g., in the form of light-emitting diodes providing LED-backlight in a predetermined configuration that resembles flames, and, if necessary, with heating elements (not shown in the Figures). The radiator (7) is intended for removal heat from the light-emitting diodes and heating elements (if installed) as well as for heating air, as coming into the housing, for forming ascending convective currents of generated mist (3)”
An (CN 110043859 A) Teaches cover openings 11
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Belverge (US 20190353316 A1)
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Chen (CN 110894959 A) “the side plate (110) through bolt is fixed on the right side of the frame (140) of the wall”
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Liang (CN 217163218 U) Teaches openings on both sides
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762