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 2 is objected to because of the following informalities: In claim 2 line 1, “one more” needs to be changed to “one or more”. 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 2 and 13-14 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.
Claim 2 recites “vertically above the center housing”. It’s not clear as to if this limitation means the fuel streams are being directed from above the center housing toward the flames, or if it means the flams are above the center housing”.
Claim 13 recites “injecting…” It is unclear as to if applicant intended to claim method steps in a device claim, or if applicant wanted to claim functional limitations of the device.
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.
Claims 1-3, 6-8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 20040115579).
Regarding claim 1, Lin teaches a method for operating a fire display device, comprising:
forming at least one stream of flames (see fig 6, a flame is formed) within a center housing (external housing formed by 10 and 11 shown in fig 1); and directing the at least one stream of flames through one or more apertures (opening formed by nozzle 16, fig 2 and 6) formed into an upper surface (upper surface of nozzle 16) of the center housing and vertically above the center housing (see fig 6, flame protrudes above the housing).
Regarding claim 2, Lin teaches directing one more gaseous fuel streams towards the at least one stream of flames ([0026] lines 4-85, “the fuel can vent from the reservoir 12 to the nozzle 16”) that is vertically above the center housing.
Regarding claim 3, Lin teaches the at least one stream of flames is formed by injecting gaseous fuel through one or more injection ports (opening that is controlled by valve 13) formed into a center post (cylindrical structure between valve 13 and nozzle 16, shown in fig 6) that is positioned within the center housing, and igniting (fuel is inherently ignited) the gaseous fuel that is injected through the one or more injection ports via an ignition configuration (ignition device 15, fig 2 and 6) that is also positioned within the center housing.
Regarding claim 6, Lin teaches the center housing is cylindrically-shaped (see fig 1), and wherein the upper surface of the center housing comprises a substantially planar surface (upper surface of housing 11 is substantially planar as shown in fig 2).
Regarding claim 7, Lin teaches a fire display device, comprising:
a center post (cylindrical structure between valve 13 and nozzle 16, shown in fig 6) comprising an injection port (opening that is controlled by valve 13) formed therein, wherein the injection port “is configured to flow a stream of gaseous fuel therethrough” (This is intended function. The port as defined is capable of allowing gaseous fuel to flow through);
an ignition configuration (ignition device 15, fig 2 and 6) adjacent to the center post and configured to ignite the stream of gaseous fuel; and
a center housing (external housing formed by 10 and 11 shown in fig 1) at least partially enclosing the center post and the ignition configuration (The center post and the ignition configuration as defined are stored in the external housing), the center housing comprising an aperture (opening formed by nozzle 16, fig 2 and 6) formed therein configured to pass the ignited gaseous fuel therethrough.
Regarding claim 8, Lin teaches the aperture is formed into an upper surface (upper surface of housing 11) of the center housing, and wherein the upper surface of the center housing is substantially planar (upper surface of housing 11 is substantially planar as shown in fig 2).
Regarding claim 12, Lin teaches the aperture of the center housing is vertically aligned above the injection port of the center post (see fig 6), and wherein a diameter of the aperture is greater than a diameter of the injection port (see fig 6, nozzle 16 is larger than the injection port as defined).
Allowable Subject Matter
Claims 4-5, 9-11 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.
Claims 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 15-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The limitations cannot be met without impermissible hindsight reconstruction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KO-WEI LIN whose telephone number is (571)270-7675. The examiner can normally be reached M-F 6:30-2:30 Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve 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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/KO-WEI LIN/Primary Examiner, Art Unit 3762