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 Objections
Claim 6 is objected to because of the following informalities: the recitation: “the first screw holes” at the end of the claim should be replaced with “the first screw hole[[s]]”. Appropriate correction is required.
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 8 and 15 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.
The term “close” or the phrase “close to” in claim 8 is a relative term/phrase which renders the claim indefinite. The term/phrase “close” or “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, it is unclear what level of proximity satisfies the term or phrase.
Further regarding Claim 8, the recited limitations, as well as the disclosure regarding the mesh hole(s), seems to be at odds with the figures and the remainder of the disclosure. Specifically, Claim 8 recites that “the fourth air inlet hole is a mesh hole; a top of the mesh hole is close to the first air inlet hole; and a bottom of the mesh hole is close to the second air inlet hole.” However, as best seen in Fig. 3, the top of the fourth inlet hole/mesh hole 63 is close to, or closer to, the second air inlet hole 61 and the bottom of the fourth inlet hole/mesh hole 63 is close to, or closer to, the first air inlet hole 112. Therefore, for purposes of this office action and in the interest of advancing prosecution, Claim 8 is interpreted as if amended in one of the following two ways:
8. The stove according to claim 7, wherein the fourth air inlet hole is a mesh hole; a top of the mesh hole is close to the second air inlet hole; and a bottom of the mesh hole is close to the first air inlet hole.
-- or—
8. The stove according to claim 7, wherein the fourth air inlet hole is a mesh hole; a bottom of the mesh hole is close to the first air inlet hole; and a top of the mesh hole is close to the second air inlet hole.
Claim 15 recites the limitation "the bottom surface of the inner barrel" and “the bottom plate”. There is insufficient antecedent basis for both of these limitations in the claim. Claim 15 is interpreted as if amended as follows:
15. The stove according to claim 14, wherein the first air inlet hole is located between a bottom surface of the inner barrel and a bottom plate.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0263798 A1 (hereinafter “ZENG”).
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Regarding Claims 1-5 and 10-12, ZENG discloses a stove, comprising an adjustment member (3), an outer barrel (1), and an inner barrel (2) arranged inside the outer barrel, wherein the inner barrel is spaced apart from the outer barrel and forms a middle cavity with the outer barrel (see Fig. 3); a first air inlet hole (8) communicated with the middle cavity is formed in a side wall of the outer barrel, and a second air inlet hole (12) communicated with the middle cavity is formed in a side wall of the inner barrel; and the adjustment member is configured to adjust a size of the first air inlet hole under the action of an external force, and/or to adjust a size of the second air inlet hole (see para. [0005]: “the air inlet barrel (1) is provided with an air inlet hole (8), the air inlet valve (3) is located inside the air inlet barrel (1), and the adjustment of the air inlet cross-sectional area of the air inlet hole (8) is achieved by means of rotation of the air inlet valve (3).”);
wherein the adjustment member (3) comprises a baffle plate movably arranged at a position, located at the first air inlet hole (8), on the outer barrel (1), and a poke rod (10) arranged on the baffle plate (3); and the baffle plate moves when a poke rod is pushed by the external force to gradually cover or move away from the first air inlet hole (see again para. [0005]: “the air inlet barrel (1) is provided with an air inlet hole (8), the air inlet valve (3) is located inside the air inlet barrel (1), and the adjustment of the air inlet cross-sectional area of the air inlet hole (8) is achieved by means of rotation of the air inlet valve (3).”);
wherein a quantity of the first air inlet hole (8) is plural, and the baffle plate (3) is provided with a plurality of third air inlet holes (9) having a same size as that of each first air inlet hole (see para. [0011]: “Furthermore, the number of the air inlet holes (8) is the same as the number of the air vent (9) and is arranged in a one-to-one correspondence.”);
wherein a distance between two adjacent first air inlet holes (8) is greater than a length of each first air inlet hole (see para. [0038]: “Viewed along the rotation path of the air inlet valve (3), the path length between adjacent air inlet holes (8) must be greater than the path length of a single air inlet holes (8), and also greater than the path length of the air vents (9), namely, after rotation, the barrel wall between adjacent air inlet holes (8) can completely block the air vents (9).”);
wherein cross sections of both the outer barrel (1) and the inner barrel (2) are circular; the baffle plate (3) is ringlike and located in the middle cavity; and one end of the poke rod (10) is connected to the baffle plate (3) after passing through the first air inlet hole (8);
wherein a bottom of the outer barrel (1) is provided with a supporting leg (indicated in annotated Fig. 3 above) configured to support the stove;
wherein the supporting leg is integrally formed with the outer barrel (1);
wherein an inner side wall of the outer barrel (1) is provided with a bottom plate (indicated in annotated Fig. 3 above) located below the first air inlet hole (8), and a bottom surface of the baffle plate (3) is in contact with an upper surface of the bottom plate (indicated in annotated Fig. 3 above).
Claim(s) 1-3, 7-8 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20220070673 A (hereinafter “JUNG”).
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Regarding Claims 1-3, 7-8 and 17, JUNG discloses a stove, comprising an adjustment member (150), an outer barrel (100), and an inner barrel (200) arranged inside the outer barrel, wherein the inner barrel is spaced apart from the outer barrel and forms a middle cavity (105) with the outer barrel; a first air inlet hole (110) communicated with the middle cavity is formed in a side wall of the outer barrel, and a second air inlet hole (210) communicated with the middle cavity is formed in a side wall of the inner barrel; and the adjustment member is configured to adjust a size of the first air inlet hole under the action of an external force, and/or to adjust a size of the second air inlet hole (see the provided English translation: “By adjusting the air control lever 160, by matching or not matching the housing lower through-hole 110 and the air conditioning through-hole 170 of the ash receiving unit 150, the air introduced into the housing unit 100 Through this air control, it is possible to control the thermal power and delay the combustion time of fuel.”);
wherein the adjustment member (150) comprises a baffle plate movably arranged at a position, located at the first air inlet hole (110), on the outer barrel (100), and a poke rod (160) arranged on the baffle plate; and the baffle plate moves when a poke rod is pushed by the external force to gradually cover or move away from the first air inlet hole (see again the provided English translation: “By adjusting the air control lever 160, by matching or not matching the housing lower through-hole 110 and the air conditioning through-hole 170 of the ash receiving unit 150, the air introduced into the housing unit 100 Through this air control, it is possible to control the thermal power and delay the combustion time of fuel.”);
wherein a quantity of the first air inlet hole (110) is plural, and the baffle plate (150) is provided with a plurality of third air inlet holes (170) having a same size as that of each first air inlet hole (see Figs. 1, 6a and 6b);
wherein a fourth air inlet hole (220) is formed in the side wall of the inner barrel (200), and the fourth air inlet hole is located between the first air inlet hole (110) and the second air inlet hole (210);
wherein the fourth air inlet hole (220) is a mesh hole; a top of the mesh hole (220) is close to the second air inlet hole (210); and a bottom of the mesh hole (220) is close to the first air inlet hole (110);
wherein the stove further comprises handle portions (130) arranged on two sides of the outer barrel (100).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,909,235 A (hereinafter “BOETCKER”).
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Regarding Claim 1, BOETCKER discloses a stove, comprising an adjustment member (13), an outer barrel (29), and an inner barrel (17) arranged inside the outer barrel, wherein the inner barrel is spaced apart from the outer barrel and forms a middle cavity (46) with the outer barrel; a first air inlet hole (31) communicated with the middle cavity is formed in a side wall of the outer barrel, and a second air inlet hole (45) communicated with the middle cavity is formed in a side wall of the inner barrel; and the adjustment member is configured to adjust a size of the first air inlet hole under the action of an external force, and/or to adjust a size of the second air inlet hole (see Col. 4, Lns. 7-19: “The vent openings 24 in ring 23, and the vent openings 20 in firebox body 17, are located such that they will match up with each other when the ring 23 is correctly placed around the firebox 17. Vent control arm 25 passes through handle openings 38 in housing body 29 and can be moved by the user to rotate ring 23 relative to firebox body 17. This rotation causes alignment or misalignment of the vent openings 24 in ring 23 with the vent openings 20 in firebox body 17. The openings 24 and 20 are oriented to make it possible to completely align all openings to allow for maximum airflow, or to completely misalign all the openings to allow for zero airflow.”).
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.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over ZENG in view of US 5,088,069 (hereinafter “KOZIOL”).
Regarding Claim 6, ZENG discloses at para. [0031]: “It should be noted that in order to install the air inlet valve (3) with the handle (10) into the air inlet barrel (1), the handle (10) and the air inlet valve (3) are detachably connected. Alternatively, the air inlet valve (3) is fitted into the air inlet barrel (1), and then the handle (10) is fixed to the air inlet valve (3) in a non-detachable manner.” Therefore, ZENG discloses mounting said poke rod to said baffle plate in both a detachable or non-detachable manner.
However, ZENG does not explicitly disclose wherein the baffle plate is provided with a first screw hole located between two adjacent third air inlet holes; one end of the poke rod is a first screw; and the poke rod is mounted on the baffle plate through cooperation between the first screw and the first screw holes.
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KOZIOL teaches a poke rod (10) wherein a plate (38) is provided with a first screw hole (39); one end of the poke rod (10) is a first screw (21); and the poke rod (10) is mounted on the plate through cooperation between the first screw (21) and the first screw holes (39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify ZENG wherein the baffle plate is provided with a first screw hole located between two adjacent third air inlet holes; one end of the poke rod is a first screw; and the poke rod is mounted on the baffle plate through cooperation between the first screw and the first screw hole as taught and/or suggested by KOZIOL, since such a modification would provide a detachable mounting arrangement which at a minimum facilitates disassembly which would be useful for maintenance, repair or replacement purposes among others.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over ZENG in view of JUNG.
Regarding Claims 13-15, ZENG discloses a top of the inner barrel (2) is connected with a top barrel body (6); the top barrel body (6) is formed by protruding outwards from the inner barrel (2); and the second air inlet (12) is located below the top barrel body (6); wherein a middle portion of a bottom of the inner barrel (2) is raised upwards to form a boss (4); wherein the first air inlet hole (8) is located between the bottom surface (see the surface containing perforations 7) of the inner barrel (2) and the bottom plate (indicated in annotated Fig. 3 above).
ZENG does not disclose wherein a bearing slot is formed at a position, close to a top, on the inner side wall of the outer barrel; the top barrel body is arranged in the bearing slot to separate a bottom surface of the inner barrel from the bottom plate of the outer barrel; and a plurality of fifth air inlet holes are formed in a side wall of the boss.
JUNG teaches a similar stove wherein a bearing slot (defined by element 137 together with outer barrel 100) is formed at a position, close to a top, on the inner side wall of the outer barrel (100); the top barrel body (230) is arranged in the bearing slot to separate a bottom surface of the inner barrel (200) from the bottom plate of the outer barrel (100; best seen in Figs. 6a & 6b); and a plurality of fifth air inlet holes (270) are formed in a side wall of the boss (260).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify ZENG wherein a bearing slot is formed at a position, close to a top, on the inner side wall of the outer barrel; the top barrel body is arranged in the bearing slot to separate a bottom surface of the inner barrel from the bottom plate of the outer barrel; and a plurality of fifth air inlet holes are formed in a side wall of the boss as taught and/or suggested by JUNG, since incorporating said bearing slot would simply provide an alternative means of supporting and positioning said inner barrel within said outer barrel, and providing a plurality of fifth air inlet holes formed in a side wall of the boss would provide an additional pathway for combustion air to reach the interior of said inner barrel thereby enhancing complete combustion when said stove is operating.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over ZENG in view of JP H0889425 A (hereinafter “HASEGAWA”).
Regarding Claims 18 and 19, ZENG does not disclose wherein the handle portions are T-shaped in a top view; wherein the handle portions are detachably arranged on the outer barrel.
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HASEGAWA teaches a cooking device wherein the handle portions (53) are T-shaped in a top view (see e.g., Fig. 11); wherein the handle portions are detachably arranged (see 53b & 53c, as well as 54) on the outer barrel (1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify ZENG wherein the handle portions are T-shaped in a top view; wherein the handle portions are detachably arranged on the outer barrel as taught and/or suggested by HASEGAWA, since the provision of handles attached to said stove would provide more user friendly and ergonomic means of lifting and moving said stove. Furthermore, HASEGAWA teaches that said handles can be made thermally isolating thereby such a modification would provide an added degree of safety to a user against burns.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over ZENG in view of HASEGAWA as applied to Claim 19 above, and further in view of KOZIOL.
Regarding Claim 20, ZENG in view of HASEGAWA does not disclose wherein a second screw hole is formed in the outer barrel; one end of each handle portion is a second screw; and the handle portions are fixed to the outer barrel through cooperation between second screw and the second screw hole.
KOZIOL, with reference to Figs. 1 & 2 reproduced above, teaches a handle attached to a cooking device wherein a second screw hole (39) is formed in an outer wall (38); one end of the handle portion is a second screw (21); and the handle portion is fixed to the outer wall through cooperation between second screw (21) and the second screw hole (39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify ZENG in view of HASEGAWA wherein a second screw hole is formed in the outer barrel; one end of each handle portion is a second screw; and the handle portions are fixed to the outer barrel through cooperation between second screw and the second screw hole as taught and/or suggested by KOZIOL, since such a modification would simply provide a known alternative AND simpler means of detachably attaching a handle to a cooking device.
Allowable Subject Matter
Claims 9 and 16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799