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 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 18 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, the phrase “the top of the base” lacks antecedent basis.
Regarding claim 5, the phrase “the light” lacks antecedent basis.
Regarding claim 6, the phrase “the top position of the back” lacks antecedent basis.
Regarding claim 8, the phrase “the position of the second light” lacks antecedent basis.
Regarding claim 10, the phrase “the rear of the first ornament al component” lacks antecedent basis.
Regarding claim 11, it is unclear if the flame generator is the same as the flame generator recited in claim 1.
Regarding claim 12, the phrase “the top of the second ornament component” lacks antecedent basis.
Regarding claim 13, it is unclear if the flame generator is the same as the flame generator recited in claim 1.
Regarding claim 14, it is unclear if the flame generator is the same as the flame generator 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 1-5, 9, 11, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US4890600 to Meyers.
Regarding claim 1, Meyers teaches a fireplace burning simulator unit comprising a firebox (interior space 118 of fireplace cabinet comprises sidewall 114, rear wall 116 and ash 112) in which an ornament module (fuel cell 88 comprising logs 98, 100, 100) is provided; wherein a base (enclosure 16) is provided under the firebox and the base (16) is provided with an accommodating chamber (defined by bottom 18, sidewalls 20, front wall 22, rear wall 24 and top panel 26), at least one flame generator module (elongated light bulb 32, reflective plate 34 and reflection wheel 42 is installed in the accommodating chamber, the flame generator module comprises a flame generator.
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Regarding claim 2, Meyers teaches the flame generator module further comprises a rotary electric reflector (reflection wheel 42 comprises a series of radially spaced apart reflective strips 56) , the flame generator (reflective plate 34; column 4, line 47-61) and the rotary electric reflector (42) are assembled in a housing (16).
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Regarding claim 3, Meyers teaches the rotary electric reflector (42) comprises a rotating shaft and some reflecting blades (rotating reflective strips 56) and the reflecting blades (56) are arranged around the rotating shaft at intervals.
Regarding claim 4, Meyers teaches a division plate (top panel 26) is provided on the top of the base (16), the ornament module (98-102) is provided on the division plate (figure 2).
Regarding claim 5, Meyers teaches the division plate (26) is provided with a first light slot (rectangular shaped opening 74), the flame generator module generator (reflective plate 34; column 4, line 47-61) is disposed below the first light slot (74), the light reflected by the rotary electric reflector (reflection wheel 42 comprises a series of radially spaced apart reflective strips 56) is emitted through the first light slot (74).
Regarding claim 9, Meyers teaches the ornament module comprises a grate (grate 80) and a first ornamental (log portion 98-102) component placed on the grate (80).
Regarding claim 11, Meyers teaches wherein a lighting device (elongated light bulb 32) is provided under the first ornamental component (log 98) and a flame generator module (34) is provided under the second ornamental component (100), or two flame generator modules are provided under the first ornamental component and the second ornamental component respectively, or only one flame generator module (34) is provided under the first ornamental component (98) and the second ornamental component (100).
Regarding claim 13, Meyers teaches the flame generator module is a combined flame generator module, with a flame generator module (reflective plate 34and/or reflection wheel 42) and a lighting device (elongated light bulb 32) enclosed in a housing (16).
Regarding claim 14, Meyers teaches the housing (enclosure 16) of the combined flame generator module includes a cavity enclosed by a main body (bottom 18, sidewalls 20, front wall 22 and rear wall 24) and a top cover (top panel 26), in the cavity is provided with a lighting device (elongated light bulb 32), a rotary electric reflector (reflection wheel 42) and a flame generator (reflective plate 34).
Regarding claim 16, Meyers teaches the base (base enclosure 16) is a part installed independently of the firebox, or the base is a portion of a mantel structure in which the firebox is installed.
Allowable Subject Matter
Claims 6-8, 10, 12, 15 17, and 18 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 6, the prior art of record does not teach an electric fireplace with an under-mounted flame generator module comprising in combination with the other claimed limitations a back panel of the firebox provided with a projection screen, or a translucent plate is provided in front of the back panel of the firebox, or a reflective projection screen is provided at the position of the back panel of the firebox and a translucent plate is provided in front of the reflective projection screen with an interval.
Regarding claim 8, the prior art of record does not teach an electric fireplace with an under-mounted flame generator module comprising in combination with the other claimed limitations a second light slot is provided on the division plate, and a lighting device is provided at the position of the second light slot, the second light slot is disposed in front of the first light slot and located below the ornament module.
Regarding claim10, the prior art of record does not teach an electric fireplace with an under-mounted flame generator module comprising in combination with the other claimed limitations the ornament module further comprises a second ornamental component having an opening, the second ornamental component is placed at the rear of the first ornamental component.
Regarding claim 15, the prior art of record does not teach an electric fireplace with an under-mounted flame generator module comprising in combination with the other claimed limitations an auxiliary housing is provided in the combined flame generator module, the rotary electric reflector and the flame generator are disposed inside the auxiliary housing, the lighting device is disposed outside the auxiliary housing.
Claim 17 is 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.
Regarding claim 17, the prior art of record does not teach an electric fireplace with an under-mounted flame generator module comprising in combination with the other claimed limitations the flame generator module is mounted using an inner structural beam of the base of the mantel structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-8915732 and US-20090074390 are cited to show electric or simulated fireplace with flame generating module mounted under the firebox.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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