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 § 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.
Claim(s) 1-9, 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adrian et al (US 2009/0170421).
Regarding claim 1, Adrian discloses, A system for heating a room, the room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces (Figs 1-10 show a system for heating a room, with the device mounted in the opening of a ceiling), the system comprising:
a housing structured to be mounted within the opening in the ceiling (housing 14 is structured to be mounted within an opening in a ceiling, See Paragraphs [0024], [0035]);
a heater mounted in the housing and structured to create heated air (heating element 210, part of heating assembly 26 is mounted in the housing for creating a heated airflow. See Paragraph [0055] and Fig 8);
a fan mounted within the housing and structured to push the heated air toward the interior of the room (Fan 78 or 130 pushes air into the room. See Fig 8 and Paragraphs [0049] – [0052]; and
a shield coupled to the housing and spaced from the ceiling, the shield structured to provide directional air flow of the heated air pushed toward the interior of the room (shield or grill 34 is coupled to the housing and spaced from the ceiling, via bracket 30 as shown in Figs 3 and 4).;
the system thereby facilitating directional circulation of air in the room by pushing the heated air toward the center of the room to displace cold air that then rises to the ceiling and passes through the housing. (The system would push air based on where the device is placed. The room is not positively recited. “For a room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces” is an intended use and is not given patentable weight as it is not part of the structure of the system. The claimed structure is shown and is considered to meet all the limitations of the claims.) Regarding claim 2, the grill 34 has slots 38 for dispersing air from the heater. (See Figs 7 and 8) Regarding claim 3, Figs 7 and 8 show a first set of slots 38 positioned at a first angle and a second set of slots 42 on the opposite side of the grill. Both grates are aligned with the heater. Regarding claim 4, mounting brackets 30 form the trim ring for engaging with the opening in the ceiling with the standoffs for connecting the grill being shown in the annotated figure.
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Regarding claim 5, Lens 64 is shown on the shield 34 and adjacent to the grates 38 and 42. A light source 22 is in the housing. (See Paragraph [0043])
Regarding claims 6 and 7-9, 11, Adrian discloses, A system for heating a room, the room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces (Figs 1-10 show a system for heating a room, with the device mounted in the opening of a ceiling), the system comprising: a housing structured to be mounted within the opening in the ceiling (housing 14 is structured to be mounted within an opening in a ceiling, See Paragraphs [0024], [0035]); a heater mounted in the housing and structured to create heated air (heating element 210, part of heating assembly 26 is mounted in the housing for creating a heated airflow. See Paragraph [0055] and Fig 8); a fan mounted within the housing and structured to push the heated air toward the interior of the room (Fan 78 or 130 pushes air into the room. See Fig 8 and Paragraphs [0049] – [0052]; and a shield coupled to the housing and spaced from the ceiling, the shield structured to provide directional air flow of the heated air pushed toward the interior of the room (shield or grill 34 is coupled to the housing and spaced from the ceiling, via bracket 30 as shown in Figs 3 and 4).; the system thereby facilitating directional circulation of air in the room by pushing the heated air toward the center of the room to displace cold air that then rises to the ceiling and passes through the housing. (The system would push air based on where the device is placed. The room is not positively recited. “For a room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces” is an intended use and is not given patentable weight as it is not part of the structure of the system. The claimed structure is shown and is considered to meet all the limitations of the claims.) The grill 34 has slots 38 for dispersing air from the heater. (See Figs 7 and 8) Figs 7 and 8 show a first set of slots 38 positioned at a first angle and a second set of slots 42 on the opposite side of the grill. Both grates are aligned with the heater. Mounting brackets 30 form the trim ring for engaging with the opening in the ceiling with the standoffs for connecting the grill being shown in the annotated figure. Regarding claim 12, Figs 1-8 show the brackets 30 being sized and shaped to be releasably engaged with the surface of the ceiling, with the standoffs for connecting the grill being shown in the annotated figure above. Regarding claim 13, Lens 64 is shown on the shield 34 and adjacent to the grates 38 and 42. A light source 22 is in the housing. (See Paragraph [0043])
Regarding claim 14, A system for heating a room, the room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces (Figs 1-10 show a system for heating a room, with the device mounted in the opening of a ceiling), the system comprising: a housing structured to be mounted within the opening in the ceiling (housing 14 is structured to be mounted within an opening in a ceiling, See Paragraphs [0024], [0035]); a heater mounted in the housing and structured to create heated air (heating element 210, part of heating assembly 26 is mounted in the housing for creating a heated airflow. See Paragraph [0055] and Fig 8); a fan mounted within the housing and structured to push the heated air toward the interior of the room (Fan 78 or 130 pushes air into the room. See Fig 8 and Paragraphs [0049] – [0052]; and a shield coupled to the housing and spaced from the ceiling, the shield structured to provide directional air flow of the heated air pushed toward the interior of the room (shield or grill 34 is coupled to the housing and spaced from the ceiling, via bracket 30 as shown in Figs 3 and 4).; the system thereby facilitating directional circulation of air in the room by pushing the heated air toward the center of the room to displace cold air that then rises to the ceiling and passes through the housing. (The system would push air based on where the device is placed. The room is not positively recited. “For a room having an interior and a ceiling with an opening in the ceiling, the ceiling having opposing first and second surfaces, the second surface facing an interior of the room, the opening communicating with the first and second surfaces” is an intended use and is not given patentable weight as it is not part of the structure of the system. The claimed structure is shown and is considered to meet all the limitations of the claims.) The grill 34 has slots 38 for dispersing air from the heater. (See Figs 7 and 8) Figs 7 and 8 show a first set of slots 38 positioned at a first angle and a second set of slots 42 on the opposite side of the grill. Both grates are aligned with the heater. Mounting brackets 30 form the trim ring for engaging with the opening in the ceiling with the standoffs for connecting the grill being shown in the annotated figure.
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(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adrian et al (US 2009/0170421).
The teachings of Adrian have been discussed above. Adrian discloses the louvers being angled at opposing angles but fails to disclose, wherein the first angle is 20 degrees relative to vertical and the second angle is -20 degrees relative to vertical.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to set the first angle is 20 degrees relative to vertical and the second angle is -20 degrees relative to vertical, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 8/6/2026
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