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 6 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.
Claim 6 recites the limitation "said pair of heating elements" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fears (US 2016/0235012 A1) in view of Smith (US 2022/0379580 A1) and further in view of Irving (US 9,528,235 B1).
With respect to claim 1 Fears discloses a heated air blower device which is wearable in the convention of a backpack for blowing heated air onto a frozen surface for thawing the frozen surface, said device comprising: an air blower comprising a motor [reference character 10] and an exhaust manifold [reference characters 74-76] each being mounted on a backpack wherein said air blower is configured to be worn on a user's back [see Fig. 1], said motor driving said air blower to urge air outwardly through said exhaust manifold when said motor is turned on; an air nozzle [reference characters 77-78] being fluidly attached to said exhaust manifold for receiving the air blown by said air blower; a heating unit [at reference character 29 in Fig. 2, see paragraph 0026] being integrated into said air nozzle such that said heating unit is in thermal communication with the air being blown through said air nozzle thereby facilitating said heating unit to heat the air when said heating unit is turned on wherein said heating unit is configured to facilitate the heated air to be directed onto a frozen surface for thawing the frozen surface; a handle [reference character 85] being attached to said air nozzle wherein said handle is configured to be gripped by the user for pointing said air nozzle.
Fears does not disclose a heater switch being movably integrated into said handle wherein said heater switch is configured to be engaged by the user.
Smith discloses a portable blower assembly that includes a heater [reference character 40] a handle [reference character 24] which includes a heater switch [reference character 44] integrated into the handle and is configured to be engaged by the user.
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the device taught by Fears by including a heater switch in the handle, as taught by Smith in order to allow the user to selectively turn the heater on and off.
Fears does not disclose a solar panel being disposed on said air blower wherein said solar panel is configured to be exposed to sunlight, said solar panel being in communication with said heating unit for powering said heating unit.
Irving discloses a solar powered ice/snow melter that includes a heating element [reference character 46] for melting ice that is powered by a solar panel [reference character 13] mounted to a housing [reference character 18].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the device taught by Fears by using a solar panel to power the heating element, as taught by Irving, in order to reduce the load on the electric alternator for powering the heating element, thereby allowing for the use of a smaller gasoline engine.
With respect to claim 2 Fears discloses that backpack includes a panel [reference character 5] to which said motor and said exhaust manifold are attached and a pair of shoulder straps [see annotated Fig. below] each having a first end and a second end being attached to a respective one of a top edge and a bottom edge of said panel wherein said pair of shoulder straps is configured to be worn over the user's shoulders1; said exhaust manifold has a pivoting [reference character 75] joint being integrated into said exhaust manifold thereby facilitating an output of said exhaust manifold to be pivoted upwardly and downwardly; and said air blower includes an electronics housing [reference character 15] being positioned on top of said air blower.
With respect to claim 3 Fears disclose that said air nozzle has a coupled end [reference character 81] being coupled to said output of said exhaust manifold wherein said air nozzle is configured to facilitate the user to point said air nozzle in a variety of directions for directing the air to flow in a chosen direction, said air nozzle tapering between said coupled end and a free end of said air nozzle thereby facilitating said air nozzle to increase a velocity of the air flowing outwardly from said free end [Fig. 2 shows that the nozzle elements telescope into each other towards the free end on the nozzle, the reduction in diameter is interpreted as a taper].
With respect to claim 4 the combination of Fears and Irving disclose that said that air blower includes an electronics housing [reference character 15 of Fears] being positioned on top of said air blower; Irving discloses that the solar panel is positioned on a top side of the housing [reference character 18 of Irving] wherein said solar panel is configured to be exposed to a maximum intensity of sunlight [see Fig. 1 of Irving]; and said solar panel is oriented at a downward angle on said top side of said electronics housing wherein said solar panel is configured to capture sunlight at an optimal angle [see Fig. 1 of Irving].
Allowable Subject Matter
Claim 7 is allowed.
Claim 5 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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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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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 Fears discloses a backpack mounted blower system, a person having ordinary skill in the art would understand that the presence of backpack straps is implicit to the blower assembly disclosed by Fears.