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.
Claim 16 is 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 16, recites “wherein the plate is not formed separately from the at least one tube in a single integrated piece.” The recitation is confusing because it is not clear if the plate and the at least one tube are manufactured or fabricated in such a manner such that said single integrate piece is formed via coupling, attaching or fastening; or are formed in a single integrate piece which does not require a coupling, attaching or fastening step. Furthermore, it is unclear what applicant means by an integrated piece. Meaning, does an integrated piece comprise two or more elements securely coupled together or does an integrated piece comprise a structure which is manufactured or fabricated in such a manner that no subsequent coupling, attaching or fastening is required to arrive at the desired structure. In the interest of advancing prosecution, and for purposes of this Office Action, Claim 16 is interpreted such that the plate and the at least one tube may be formed as a single integrated piece which may or may not be formed via coupling, attaching or fastening.
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.
Claims 1-2, 5-10, 12, 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,286,387 (hereinafter “SMITH”).
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Regarding Claims 1-2 and 5-10, SMITH discloses an apparatus for stoking a fire, the apparatus comprising: at least one tube (10) including a proximal region comprising a first aperture (see at least Pg. 1, Lns. 35-39: “The unheaded end of the staff remains open so that one may blow into the open end while standing away from the fire, yet being able to direct the passages 24 to such areas of the fire requiring stimulation.”), a distal region (16) comprising a second aperture (defined by the space between distal region 16 of the at least one tube 10 and the base 14 and groove 24 of plate 12), and hollow interior region connecting the first aperture and the second aperture, such that the first aperture and the second aperture are in fluid communication with each other (see Pg. 1, Lns. 24-30: “The head is attached to the staff in a manner to provide passages communicating between the hollow interior of the staff and the exterior thereof in the region of the head. This later feature enables one to blow into the open end of the staff and direct the blast of air issuing from the opposite end to points of the fire most needing the stimulus.”); and a plate (12) extending distally from the distal region of the tube , wherein the plate includes at least one fuel-engaging feature (20, 22) and a fluid-diverting region (24), wherein the fluid diverting region diverts fluid emitted from the second aperture, such that a path of the fluid changes (inherent; the plate 12 diverts fluid emitted from the second aperture, such that a path of the fluid changes); wherein the second aperture (defined by distal region 16) is angled inwardly towards the plate (12; see distal region 16 which in part defines said second aperture and which is inwardly angled towards the plate 12); wherein the second aperture is located in a distal region (16) of the at least one tube (10); wherein the plate (12) is formed separately with the at least one tube (10) in a single integrated piece (see Pg. 1, Lns. 1-8: “One end of the staff has attached thereto a head 12 having a base 14 fixed within one end 16 of the staff 10. The head is preferably formed at its base with an undercut or grooved portion 18 extending circumferentially thereabout into which undercut portion one end of the staff may be spun in order to effect a substantial joint between the two members.”); wherein the plate (12) comprises two fuel-engaging features (20, 22); wherein the at least one fuel-engaging feature (22) extends downwardly, such that the lowest elevation of the at least one fuel-engaging feature is below the second aperture (see at least Figs. 2 & 4); wherein the fluid-diverting region (24) of the plate comprises a flat region (see at least Fig. 3); wherein the plate (12) comprises a single, integrated piece (see again Pg. 1, Lns. 1-8: “One end of the staff has attached thereto a head 12 having a base 14 fixed within one end 16 of the staff 10. The head is preferably formed at its base with an undercut or grooved portion 18 extending circumferentially thereabout into which undercut portion one end of the staff may be spun in order to effect a substantial joint between the two members.”).
Regarding Claims 12, 15-19, SMITH discloses an apparatus for stoking a fire, the apparatus comprising: at least one tube (10) including a proximal region comprising a first aperture (see at least Pg. 1, Lns. 35-39: “The unheaded end of the staff remains open so that one may blow into the open end while standing away from the fire, yet being able to direct the passages 24 to such areas of the fire requiring stimulation.”), a distal region (16) comprising a second aperture (defined by the space between distal region 16 of the at least one tube 10 and the base 14 and groove 24 of plate 12), and hollow interior region connecting the first aperture and the second aperture, such that the first aperture and the second aperture are in fluid communication with each other, wherein the tube (10) is configured to direct fluid in a direction outwardly with a downward component (the apparatus for stoking a fire comprising: at least one tube 10 and a plate 12 can be manipulated at will such that the tube 10 can direct fluid in a direction outwardly with a downward component); and a plate (12) extending distally from the distal region (16) of the tube, wherein the plate includes at least one fuel-engaging feature (20, 22) and a fluid-diverting region (24), wherein the fluid diverting region diverts fluid emitted from the second aperture, such that the downward component of the direction of the fluid emitted from the second aperture is discontinued (the apparatus for stoking a fire comprising: at least one tube 10 and a plate 12 can be manipulated at will such that the downward component of the direction of the fluid emitted from the second aperture is discontinued); wherein the second aperture is located in a distal surface of the at least one tube (i.e., the distal surface defined by the distal region 16); wherein the plate is not formed separately from the at least one tube in a single integrated piece (see Pg. 1, Lns. 1-8: “One end of the staff has attached thereto a head 12 having a base 14 fixed within one end 16 of the staff 10. The head is preferably formed at its base with an undercut or grooved portion 18 extending circumferentially thereabout into which undercut portion one end of the staff may be spun in order to effect a substantial joint between the two members.”); wherein the plate (12) comprises two fuel-engaging features (20, 22); wherein the at least one fuel-engaging feature (22) extends downwardly, such that the lowest elevation of the at least one fuel-engaging feature is below the second aperture (see at least Figs. 2 & 4); wherein the fluid-diverting region (24) of the plate comprises a flat region (see at least Fig. 3).
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.
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 3, 4, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over SMITH.
Regarding Claims 3, 4, 13 and 14, SMITH does not explicitly disclose wherein the second aperture is angled inwardly towards the fluid-diverting region of the plate at an angle of between substantially 10 degrees and 89 degrees; wherein the second aperture is angled inwardly towards the fluid-diverting region of the plate at an angle of approximately 60 degrees.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify SMITH wherein the second aperture is angled inwardly towards the fluid-diverting region of the plate at an angle of between substantially 10 degrees and 89 degrees; wherein the second aperture is angled inwardly towards the fluid-diverting region of the plate at an angle of approximately 60 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art (in the present case SMITH discloses the second aperture is angled inwardly towards the fluid-diverting region 24 of the plate 12 at an angle due to the inward curvature of distal region 16), discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05(I). The cross sectional area of said second aperture is a results effective variable of the inwardly angled curvature of distal region 16 because adjustment of the angle would adjust the cross sectional area which affects the relative velocity of the fluid flow from said second aperture (see Pg. 1, Lns. 28-35: “The total cross sectional area of the passages 24, whether there be one, two or more, should be less than the total cross sectional area of the interior of the tubular staff 10. This latter construction permits the discharge of air through said passages at a relatively high velocity while requiring supply thereto at a much lower velocity.”).
Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over SMITH in view of US 2005/0110289 A1 (hereinafter “MYERS”).
Regarding Claims 11 and 20, SMITH does not disclose wherein the at least one tube comprises a plurality of tubes configured to be connected in series with each other, wherein each of the plurality of tubes includes a proximate region including a first aperture, a distal region including a second aperture, and a hollow interior region connecting the first aperture and the second aperture, such that the first aperture and the second aperture are in fluid communication with each other, and wherein the plurality of tubes are configured to be connected in series with each other, such that, when the plurality of tubes are connected in series with each other, the first aperture of a proximate-most one of the plurality of tubes is in fluid communication with the second aperture of the distal-most one of the plurality of tubes.
MYERS teaches an apparatus for stoking a fire comprising: wherein the at least one tube (29) comprises a plurality of tubes (9, 17, 19; see Fig. 2) configured to be connected in series with each other, wherein each of the plurality of tubes includes a proximate region including a first aperture, a distal region including a second aperture, and a hollow interior region connecting the first aperture and the second aperture, such that the first aperture and the second aperture are in fluid communication with each other, and wherein the plurality of tubes are configured to be connected in series with each other, such that, when the plurality of tubes are connected in series with each other, the first aperture of a proximate-most one of the plurality of tubes is in fluid communication with the second aperture of the distal-most one of the plurality of tubes (see para. [0018]: “In FIG. 2 is an alternate form of the invention in which the shaft 29 comprises a plurality of elements 9, 17, and 19. In this embodiment, a longest shaft element 9 is connected to a shorter shaft element 19 by means of a coupling element 17. In such an embodiment, the longest shaft element comprises a tube which comprises threads at each of its ends. The coupling element 17 may comprise a tube comprising a bore through its interior which is threaded and is thus adapted to mate with the threads on the ends of the longest shaft element 9, or may alternately comprise a bead such as 7 (FIG. 3) which includes a threaded bore whose threads are adapted to mate with the threads on the ends of the longest shaft element 9. The shorter shaft element 19 in one embodiment also comprises a tube having threads disposed on its end portions. Thus, the coupling element 17 connects the longest shaft element 9 to the shorter shaft element 19 to one another to provide the shaft.”).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify SMITH wherein the at least one tube comprises a plurality of tubes configured to be connected in series with each other, wherein each of the plurality of tubes includes a proximate region including a first aperture, a distal region including a second aperture, and a hollow interior region connecting the first aperture and the second aperture, such that the first aperture and the second aperture are in fluid communication with each other, and wherein the plurality of tubes are configured to be connected in series with each other, such that, when the plurality of tubes are connected in series with each other, the first aperture of a proximate-most one of the plurality of tubes is in fluid communication with the second aperture of the distal-most one of the plurality of tubes as taught and/or suggested by MYERS, since such a modification would provide a means for disassembling said apparatus for stoking a fire in order to facilitate a more compact storage arrangement when said apparatus is not in use or to facilitate the transport of said apparatus. In addition, such a modification would provide a means to easily replace, repair or maintain sections or segments of the at least one tube for either operational or aesthetic reasons.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799