DETAILED ACTION
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 because:
Reference numeral “58” in Fig. 3 should point to the inner surface of tube (50) as opposed to that of tube (20)
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.
Specification
The disclosure is objected to because of the following informalities:
In [0011], the 3rd sentence, change “fuel F” to -- fuel G --
[0018] recites “Alternatively, the diverging portion 102 can be straight (not shown)”. However, as can be observed in Fig. 3, ONLY an embodiment wherein the diverging portion 102 is straight is shown (see Fig. 3 of the instant application). Therefore, correct either the specification or the drawings such that the drawings align with the disclosure of the specification.
[0019] recites “In any case, the openings 128 are longitudinally positioned within the curved portions 92, 104 upstream of the diverging portion 102 of the venturi 100. In other words, the openings 128 are neither upstream nor downstream of the diverging portion 102” which contradicts itself and the depiction of Fig. 3 which clearly shows the openings being upstream from the diverging portion (see Fig. 3 of the instant application). Therefore, correct either the specification or the drawings such that the drawings align with the disclosure of the specification.
It is recommended that Applicant review the specification in its entirety to ensure that no other issues are present
Appropriate correction is required.
Claim Objections
The claims listed below are objected to because of the following informalities:
In Claim 1, line 3, change “along its length” to -- along a length of the tube --
In Claim 1, the last line, change “the interior” to -- an interior --
Appropriate correction is required.
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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a mixing system downstream from the blower and extending into the inlet end for delivering a pre-mixed mixture of air and fuel to the interior of the tube for ignition by an igniter” (Claim 1)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“a mixing system downstream from the blower and extending into the inlet end for delivering a pre-mixed mixture of air and fuel to the interior of the tube for ignition by an igniter” (from Claim 1) is being interpreted as a system comprising a venturi, a gas supply tube and a fuel nozzle, and equivalent systems thereof
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hemsath (US 5,020,596) in view of Levey et al. (US 2,077,424) (hereinafter “Levey”).
Regarding Claim 1, Hemsath teaches of a burner (30) for an appliance having a blower (Note that the limitation of the burner being “for an appliance having a blower” is being interpreted as the burner being capable of use with an appliance having a blower, wherein an appliance having a blower is not a part of the claimed burner apparatus. In the instant case, Hemsath teaches that the burner is a part of an appliance (Fig. 6) that comprises an “air line 76” that conveys air at “appropriate operating pressures” (see at least Col. 16 lines 6-24 and Figs. 5-6) which indicates that the burner is capable of use with “an appliance having a blower” since a blower creates operating pressure in an air line (see at least Col. 16 lines 6-24 and Figs. 5-6). Hemsath accordingly teaches that the burner is “for an appliance having a blower” as claimed.), comprising:
a tube (62) extending from an inlet end (right-hand end of tube (62) relative to Fig. 6) to an outlet end (left-hand end of tube (62) relative to Fig. 6) and having radially extending openings (A) along its length (see at least Col. 15 line - Col. 16 line 5, Col. 16 lines 25-37 and Figs. 5-7);
a cap (67) closing the outlet end in a fluid-tight manner (see at least Col. 15 line - Col. 16 line 5 and Figs. 5-7); and
a mixing apparatus (apparatus comprising (75)) downstream from the blower (since element (75) receives air that is already pressurized, element (75) is necessarily configured to be downstream from the blower) that extends into the inlet end (as is shown in Fig. 5-6) for delivering a pre-mixed mixture of air and fuel to the interior of the tube (see at least Col. 16 lines 6-24 and Figs. 5-7) for ignition by an igniter (via “igniting” to produce flames (79)) (see at least Col. 16 lines 6-24 and Figs. 5-7).
Hemsath fails to explicitly teach that the mixing apparatus is in the form of a mixing system that comprises a venturi, a gas supply tube and a fuel nozzle. However, such configuration is known in the art.
Levey discloses a relatable gas burner (gas burner comprising element (10)) for an appliance (Fig. 2) that has a blower (24) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). Levey teaches that the gas burner has a mixing system (mixing system comprising element (13)) disposed downstream from the blower (24) yet upstream from a surface of the burner (10) (as is shown in Fig. 2) and teaches that the mixing system comprises a venturi (14), a gas supply tube (15) and a fuel nozzle (16) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). Levey teaches that a mixing system of this type, inter alia, provides means for “simple and accurate” control over air-fuel ratio to thereby assure “efficient combustion” (see at least Col. 3 lines 46-63).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the burner taught by Hemsath by configuring the existing mixing apparatus to be in the form of a mixing system that comprises a venturi, a gas supply tube and a fuel nozzle as is taught by Levey. Doing so would have provided means for simple and accurate control over air-fuel ratio to thereby assure efficient combustion. Note that such modification would have necessarily resulted in the invention as claimed.
Claims 2-6, 10-11 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hemsath and Levey further in view of Rooyen (US 3,514,041).
Regarding Claim 2, Hemsath and Levey teach the burner of Claim 1 (see the rejection for Claim 1) and Levey also teaches that the mixing system that would be used in the combined apparatus comprises:
a tubular venturi (14) having an upstream end (left-hand end of element (14) with respect to Fig. 2) and a downstream end (right-hand end of element (14) with respect to Fig. 2);
a gas supply tube (15) extending into the upstream end and receiving fuel (as is shown in Fig. 2) (see at least Col. 1 lines 46-54 and Fig. 2); and
a fuel nozzle (16) positioned in the gas tube so as to be longitudinally aligned with the upstream end of the venturi (as is shown in Fig. 2), wherein air from the blower (24) is received in a radial space between the venturi and the fuel nozzle (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2) such that the air is mixed with the fuel flowing from the fuel nozzle and delivered as a mixture of air and fuel to the central passage of the tube (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2).
Hemsath and Levey fail to explicitly teach that the fuel nozzle includes radially extending openings.
Rooyen discloses a relatable gas burner (Fig. 1) for an appliance (see at least Abstract and Fig. 1) that has a mixing system comprising a venturi (10), a gas supply tube (12) and a fuel nozzle (fuel nozzle comprising element (16)) (see at least Col. 2 lines 4-22 and Fig. 1). Rooyen teaches that the fuel nozzle includes radially extending openings (52) and that such openings enable the flame to “lengthen and intensify” (see at least Col. 2 lines 57-72 and Fig. 1)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined burner by configuring the existing fuel nozzle to include radially extending openings as is taught by Rooyen. Doing so would have provided means for lengthening and intensifying the produced flames. Note that such modification would have necessarily resulted in air being mixed with fuel flowing through radial openings in the fuel nozzle as claimed and would have accordingly resulted in the invention as claimed.
Regarding Claim 3, Rooyen also teaches that an end of the gas supply tube that receives the fuel nozzle of the combined apparatus is flared (the end of gas supply tube (12) is “internally threaded” to receive the fuel nozzle wherein the internal threads form a “flared” end of the gas supply tube that receives the fuel nozzle - see at least Col. 2 lines 44-66 and Fig. 1). The combined apparatus accordingly meets the limitations of Claim 3 as claimed.
Regarding Claim 4, Leavey also teaches that the upstream end of the venturi (14) that would be used in the combined apparatus is converging (as is shown in Fig. 2) and that the downstream end of the venturi is diverging (as is shown in Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). The combined apparatus accordingly meets the limitations of Claim 4 as claimed.
Regarding Claim 5, Hemsath, Leavey and Rooyen teach the burner of Claim 2 (see the rejection for Claim 2), and Leavey also teaches that the upstream end of the venturi (14) that would be used in the combined apparatus is converging (as is shown in Fig. 2).
Leavey (in addition to Hemsath and Rooyen) fails to explicitly teach of an embodiment wherein the downstream end of the venturi is straight. However, merely configuring the downstream end of the existing venturi to be straight (as opposed to diverging) would have been an obvious matter of design choice.
To support a conclusion that a claim is directed to obvious subject matter, i.e., that a feature is an obvious matter of design choice, an Examiner must present a ‘convincing line of reasoning’ as to why one of ordinary skill in the art would have found the claimed feature to have been obvious. Ex parte Clapp, 227 U.S.P.Q. 972, 973 (BPAI 1985). When determining whether a rejection based on design choice is appropriate, the Examiner must review the Specification and ascertain if the limitation in question is disclosed as serving any advantage or particular purpose, or whether it solves a stated problem. The Examiner also should explain the reasoning used to determine that the prior art would have performed equally as well as the claimed invention. These two steps help present the aforementioned ‘convincing line of reasoning.’ Ex parte Clapp, 227 U.S.P.Q. at 973.
It is apparent from Applicant’s specification that configuring the downstream end of the existing venturi to be straight (as opposed to diverging) is not critical to the invention and that specifically using a venturi with a “straight” end as opposed to an end with a different shape does not serve any advantage, particular purpose, or solve a stated problem since the specification fails to disclose any criticality for a venturi with a straight end and discloses and claims (see e.g., Claim 4) an opposing configuration wherein the downstream end of the venturi is “diverging” as opposed to straight (see at least Claim 4 of the instant application). Furthermore, it is evident that that the prior art would have performed equally as well as the claimed invention since the prior art teaches of Leavey teaches that the downstream end of the venturi (14) that would be used in the combined apparatus is diverging (as is shown in Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2) which the specification discloses to be an acceptable alternative to a venturi with a straight downstream end that fulfills the same purpose equally as well (as is evident from at least Claim 4 of the instant application).
Therefore, it would have been prima facie obvious to modify the combined apparatus by configuring the downstream end of the existing venturi to be straight (as opposed to diverging) as claimed since such modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 6, Leavey also teaches of a mounting flange (40) for connecting the inlet end of the tube (15) to the venturi (14) that would be used in the combined apparatus (see at least Col. 3 lines 18-28, Fig. 2 and the rejection for Claim 2 above).
Regarding Claim 10, Hemsath teaches of a burner (30) for an appliance having a blower (Note that the limitation of the burner being “for an appliance having a blower” is being interpreted as the burner being capable of use with an appliance having a blower, wherein an appliance having a blower is not a part of the claimed burner apparatus. In the instant case, Hemsath teaches that the burner is a part of an appliance (Fig. 6) that comprises an “air line 76” that conveys air at “appropriate operating pressures” (see at least Col. 16 lines 6-24 and Figs. 5-6) which indicates that the burner is capable of use with “an appliance having a blower” since a blower creates operating pressure in an air line (see at least Col. 16 lines 6-24 and Figs. 5-6). Hemsath accordingly teaches that the burner is “for an appliance having a blower” as claimed.), comprising:
an inner tube (62) extending along a centerline from a first end (right-hand end of tube (62) relative to Fig. 6) to a second end (left-hand end of tube (62) relative to Fig. 6) and defining a central passage (as is shown in Fig. 6), wherein openings (A) extend radially through the inner tube to the central passage (as is shown in Fig. 6-7) (see at least Col. 15 line - Col. 16 line 5, Col. 16 lines 25-37 and Figs. 5-7);
an outer tube (61) extending along a centerline from a first end to a second end and defining a central passage for receiving the inner tube (as is shown in Fig. 6), wherein openings (O) extend radially through the outer tube to the central passage thereof (as is shown in Fig. 6-7) (see at least Col. 15 line - Col. 16 line 5, Col. 16 lines 25-37 and Figs. 5-7);
an end cap (67) closing the second ends in a fluid-tight manner (see at least Col. 15 line - Col. 16 line 5 and Figs. 5-7); and
a mixing apparatus (apparatus comprising (75)) (see at least Col. 16 lines 6-24 and Figs. 5-7).
Hemsath fails to explicitly teach that the mixing apparatus is in the form of a mixing system extending into the first end of the inner tube that comprises a venturi having a central passage in fluid communication with the central passage of the tube, a gas supply tube having a first end for receiving fuel and a second end extending into the venturi and a fuel nozzle extending into the second end of the gas supply tube, wherein blower air is received in a radial space between the venturi and the fuel nozzle such that the air is mixed with the fuel and delivered as a mixture of air and fuel to the central passage of the inner tube.
Levey discloses a relatable gas burner (gas burner comprising element (10)) for an appliance (Fig. 2) that has a blower (24) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). Levey teaches that the gas burner has a mixing system (mixing system comprising element (13)) disposed downstream from the blower (24) yet upstream from a surface of the burner (10) (as is shown in Fig. 2) and teaches that the mixing system extends into a first end of an inner tube (39) of the burner and comprises a venturi (14) having a central passage in fluid communication with the tube (as is shown in Fig. 2), a gas supply tube (gas supply tube comprising elements (15) and (41)) having a first end for receiving fuel (left-hand end of element (15) with respect to Fig. 2) and a second end extending into the venturi (right-hand end of elements (15)/(41) with respect to Fig. 2) and a fuel nozzle (16) extending into the second end of the gas supply tube (as is shown in Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2), wherein blower air (via blower (24)) is received in a radial space between the venturi and the fuel nozzle such that the air is mixed with the fuel and delivered as a mixture of air and fuel to the central passage of the inner tube (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). Levey teaches that a mixing system of this type, inter alia, provides means for “simple and accurate” control over air-fuel ratio to thereby assure “efficient combustion” (see at least Col. 3 lines 46-63).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the burner taught by Hemsath by configuring the existing mixing apparatus to be in the form of a mixing system that comprises a venturi, a gas supply tube and a fuel nozzle as claimed based on the teachings of Levey. Doing so would have provided means for simple and accurate control over air-fuel ratio to thereby assure efficient combustion. Note that such modification would have necessarily resulted in the invention comprising a mixing system as claimed.
Furthermore, Hemsath and Levey fail to explicitly teach that the fuel nozzle includes radially extending openings.
Rooyen discloses a relatable gas burner (Fig. 1) for an appliance (see at least Abstract and Fig. 1) that has a mixing system comprising a venturi (10), a gas supply tube (12) and a fuel nozzle (fuel nozzle comprising element (16)) (see at least Col. 2 lines 4-22 and Fig. 1). Rooyen teaches that the fuel nozzle includes radially extending openings (52) and that such openings enable the flame to “lengthen and intensify” (see at least Col. 2 lines 57-72 and Fig. 1)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined burner by configuring the existing fuel nozzle to include radially extending openings as is taught by Rooyen. Doing so would have provided means for lengthening and intensifying the produced flames. Note that such modification would have necessarily resulted in air being mixed with fuel flowing through radial openings in the fuel nozzle as claimed and would have accordingly resulted in the invention as claimed.
Regarding Claim 11, Rooyen also teaches that a second end of the gas supply tube that receives the fuel nozzle of the combined apparatus is flared (the second end of gas supply tube (12) is “internally threaded” to receive the fuel nozzle wherein the internal threads form a “flared” end of the gas supply tube that receives the fuel nozzle - see at least Col. 2 lines 44-66 and Fig. 1). The combined apparatus accordingly meets the limitations of Claim 11 as claimed.
Regarding Claim 13, Rooyen also teaches that the radial openings (52) that would be used in the fuel nozzle of the combined apparatus are longitudinally aligned with a curved portion of the venturi (as is shown in Fig. 2 of Rooyen). Thus, the combined apparatus accordingly meets the limitations of Claim 13 as claimed.
Regarding Claim 14, Leavey also teaches that the venturi (14) that would be used in the combined apparatus extends from a converging end (the left-hand end of element (14) with respect to Fig. 2) longitudinally aligned with the radially extending openings (as would be the case in the combined apparatus since the radially extending openings (52) taught by Rooyen that would be used in the combined apparatus are longitudinally aligned with the converging end of the venturi - see at least Fig. 1 of Rooyen and the rejection for Claims 10 above) to a diverging end (the right-hand end of element (14) with respect to Fig. 2) for delivering the mixture of air and fuel to the central passage (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2). The combined apparatus accordingly meets the limitations of Claim 14 as claimed.
Regarding Claim 15, Leavey also teaches that the converging portion of the venturi (14) that would be used in the combined apparatus is upstream of the diverging portion (as is shown in Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2).
Regarding Claim 16, Leavey also teaches that the venturi (14) that would be used in the combined apparatus extends from a converging end (the left-hand end of element (14) with respect to Fig. 2) longitudinally aligned with the radially extending openings (as would be the case in the combined apparatus since the radially extending openings (52) taught by Rooyen that would be used in the combined apparatus are longitudinally aligned with the converging end of the venturi - see at least Fig. 1 of Rooyen and the rejection for Claims 10 above) to a diverging end (the right-hand end of element (14) with respect to Fig. 2) for delivering the mixture of air and fuel to the central passage (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2).
Leavey (in addition to Hemsath and Rooyen) fails to explicitly teach of an embodiment wherein the downstream end of the venturi is straight. However, merely configuring the downstream end of the existing venturi to be straight (as opposed to diverging) would have been an obvious matter of design choice.
To support a conclusion that a claim is directed to obvious subject matter, i.e., that a feature is an obvious matter of design choice, an Examiner must present a ‘convincing line of reasoning’ as to why one of ordinary skill in the art would have found the claimed feature to have been obvious. Ex parte Clapp, 227 U.S.P.Q. 972, 973 (BPAI 1985). When determining whether a rejection based on design choice is appropriate, the Examiner must review the Specification and ascertain if the limitation in question is disclosed as serving any advantage or particular purpose, or whether it solves a stated problem. The Examiner also should explain the reasoning used to determine that the prior art would have performed equally as well as the claimed invention. These two steps help present the aforementioned ‘convincing line of reasoning.’ Ex parte Clapp, 227 U.S.P.Q. at 973.
It is apparent from Applicant’s specification that configuring the downstream end of the existing venturi to be straight (as opposed to diverging) is not critical to the invention and that specifically using a venturi with a “straight” end as opposed to an end with a different shape does not serve any advantage, particular purpose, or solve a stated problem since the specification fails to disclose any criticality for a venturi with a straight end and discloses and claims (see e.g., Claim 4) an opposing configuration wherein the downstream end of the venturi is “diverging” as opposed to straight (see at least Claim 14 of the instant application). Furthermore, it is evident that that the prior art would have performed equally as well as the claimed invention since the prior art teaches of Leavey teaches that the downstream end of the venturi (14) that would be used in the combined apparatus is diverging (as is shown in Fig. 2) (see at least Col. 1 line 46 - Col. 2 line 19 and Fig. 2) which the specification discloses to be an acceptable alternative to a venturi with a straight downstream end that fulfills the same purpose equally as well (as is evident from at least Claim 14 of the instant application).
Therefore, it would have been prima facie obvious to modify the combined apparatus by configuring the downstream end of the existing venturi to be straight (as opposed to diverging) as claimed since such modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 17, Hemsath also teaches of a mounting flange (68) for connecting the first ends of the inner and outer tubes to each other (as is shown in Fig. 6) (see at least Col. 15 lines 53-65 and Fig. 6) which would in turn also necessarily connect to the venturi of the combined apparatus since the venturi of the combined apparatus is configured to connect to a mounting flange (as is taught by Levey - see Fig. 2 of Levey and the rejection for Claim 10 above). The combined apparatus accordingly meets the limitations of Claim 17 as claimed.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hemsath and Levey further in view of Pryor (US 3,044,551).
Regarding Claim 8, Hemsath and Levey teach the burner of Claim 1 (see the rejection for Claim 1) but fail to explicitly teach of a flame arrester liner defining a central passage of the tube.
Pryor discloses a relatable burner apparatus (Fig. 2) that comprises a burner tube (burner tube comprising element (43)) in addition to a flame arrester liner (52) defining a central passage of the tube (as is shown in Fig. 2) (see at least Col. 2 lines 53-72 and Fig. 2). Pryor teaches that the flame arrester liner (52), inter alia, prevents burning of combustible mixture upstream of the liner to thereby enhance safety (see at least Col. 2 lines 53-72 and Fig. 2).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined apparatus by disposing a flame arrester liner into the existing tube of the apparatus that defines a central passage of the existing tube based on the teachings of Pryor. Doing so would have prevented burning of combustible mixture upstream of the liner to thereby enhance safety. Note that such modification would have necessarily resulted in the invention comprising a mixing system as claimed.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hemsath and Levey further in view of Sighinolfi et al. (US 2022/0170631 A1) (hereinafter “Sighinolfi”).
Regarding Claim 9, Hemsath and Levey teach the burner of Claim 1 (see the rejection for Claim 1) but fail to explicitly teach of a fiber mesh provided over the tube.
Sighinolfi discloses a relatable gas burner (2) for an appliance (1) having a blower (5) (see at least [0048]-[0050] and Figs. 1-3) wherein the burner comprises an outer tube (as is shown in Figs. 1-3). Sighinolfi teaches of disposing a fiber mesh (14) over the outer tube (see at least [0056], [0062]-[0068] and Figs. 1-3) and that doing so provides a “diffuser layer” that serves to provide diffusion and a “combustion surface” for flame to develop (see at least [0062]-[0068] and Figs. 1-3).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined apparatus by disposing a fiber mesh over the existing outer tube based on the teachings of Sighinolfi. Doing so would have provided a diffuser layer that would have facilitated diffusion and a created a combustion surface for flame to develop. Note that such modification would have necessarily resulted in the invention comprising a mixing system as claimed.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hemsath, Levey and Rooyen further in view of Pryor.
Regarding Claim 12, Hemsath, Levey and Rooyen teach the burner of Claim 10 (see the rejection for Claim 10) but fail to explicitly teach of a flame arrester liner defining the central passage of the inner tube.
Pryor discloses a relatable burner apparatus (Fig. 2) that comprises an inner burner tube (inner burner tube comprising element (43)) in addition to a flame arrester liner (52) defining a central passage of the inner burner tube (as is shown in Fig. 2) (see at least Col. 2 lines 53-72 and Fig. 2). Pryor teaches that the flame arrester liner (52), inter alia, prevents burning of combustible mixture upstream of the liner to thereby enhance safety (see at least Col. 2 lines 53-72 and Fig. 2).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined apparatus by disposing a flame arrester liner into the existing inner tube of the apparatus that defines a central passage of the existing inner tube based on the teachings of Pryor. Doing so would have prevented burning of combustible mixture upstream of the liner to thereby enhance safety. Note that such modification would have necessarily resulted in the invention comprising a mixing system as claimed.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hemsath, Levey and Rooyen further in view of Sighinolfi.
Regarding Claim 19, Hemsath, Levey and Rooyen teach the burner of Claim 10 (see the rejection for Claim 10) but fail to explicitly teach of a fiber mesh provided over the tube.
Sighinolfi discloses a relatable gas burner (2) for an appliance (1) having a blower (5) (see at least [0048]-[0050] and Figs. 1-3) wherein the burner comprises an outer tube (as is shown in Figs. 1-3). Sighinolfi teaches of disposing a fiber mesh (14) over the outer tube (see at least [0056], [0062]-[0068] and Figs. 1-3) and that doing so provides a “diffuser layer” that serves to provide diffusion and a “combustion surface” for flame to develop (see at least [0062]-[0068] and Figs. 1-3).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined apparatus by disposing a fiber mesh over the existing outer tube based on the teachings of Sighinolfi. Doing so would have provided a diffuser layer that would have facilitated diffusion and a created a combustion surface for flame to develop. Note that such modification would have necessarily resulted in the invention comprising a mixing system as claimed.
Allowable Subject Matter
11. Dependent Claims 7 and 18 are objected to as being dependent upon 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 dependent Claim 7: Claim 7 specifies that the claimed “mounting flange” comprises three distinct components - namely “a planar base; a stepped portion extending from the base into the inlet end of the tube; and a curved portion extending over the upstream end of the venturi”. The known prior art (including the prior art of Hemsath, Levey and Rooyen relied upon above in this Office Action) fails to anticipate or render obvious the particulars of the mounting flange claimed in Claim 7 in combination with the other limitations of the claim. The prior art of Levey and Rooyen teach of mounting the venturi in structurally different fashions that do not require a mounting flange that comprises “a planar base; a stepped portion extending from the base into the inlet end of the tube; and a curved portion extending over the upstream end of the venturi”. As can be observed in Fig. 1 of Leavey, the gas supply tube (15) is designed to facilitate easy mounting of the venturi with threads. The same is true for Rooyen (see Fig. 2 of Rooyen). Thus, Claim 7 is not anticipated by any known prior art and no motivation would have existed to have further modified the prior art in a way that would have undone the working structural arrangements of the prior art and resulted in the structural arrangement claimed in Claim 7 that requires a mounting flange with the three distinct elements of “a planar base; a stepped portion extending from the base into the inlet end of the tube; and a curved portion extending over the upstream end of the venturi”. Therefore, the subject matter of Claim 7 is considered to be allowable over the known prior art. However, Claim 7 is objected for depending upon a rejected base claim (i.e., Claim 6) and is consequently not in condition for allowance at this time.
Regarding dependent Claim 18: Claim 18 comprises similar subject matter to Claim 7 but is even more narrow in scope. The subject matter of Claim 18 is consequently considered to be allowable for at least the same reasons as Claim 7 (as are presented above). However, Claim 18 is objected for depending upon a rejected base claim (i.e., Claim 17) and is consequently not in condition for allowance at this time.
It is recommended that Applicant incorporate the subject matter of Claim 7 (and therefore also necessarily that of Claims 6 and 2) into Claim 1 (and then cancel Claims 2, 6 and 7) to facilitate allowance of Independent Claim 1. Similarly, it is recommended that Applicant incorporate the subject matter of Claim 18 (and therefore also necessarily that of Claim 17) into Claim 10 (and then cancel Claims 17 and 18) to facilitate allowance of Independent Claim 10.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is considered relevant to this application in terms of structure and use:
Barozzi (US 2022/0364726 A1)
Kurzinski (US 5,145,361)
Haedike (US 2,263,170)
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/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 12/8/2025
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762