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 11 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 11, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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)(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) 1-3, 5-7, 9, 12-14, 17, 19-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipatd by Martin et al. (US 6393207).
Martin discloses
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in reference to claim:
A heating assembly, comprising a light projector 62 disposed on the heating assembly 10, wherein the light projector is configured to emit a faux projection or an image animation.
Martin discloses:
The fireplace also comprises a mechanism for illuminating the underside of at least a portion of the artificial logs and a portion of the artificial bed of embers so as to create the illusion that the artificial logs and the artificial bed of embers are burning. The fireplace further comprises a flame simulation assembly for generating the appearance of simulated flames emanating from the artificial logs. The flame simulation assembly comprises a light source, a light randomizer, a light filter screen, and a light diffuser screen. The light randomizer comprises a rotating hollow cylinder having openings that permit light to pass through the cylinder. The light filter screen has an opaque area and a colored translucent area through which light from the light randomizer can pass on to the back of the light diffuser screen. The light diffuser screen has a partially translucent surface on which simulated flames are projected and are visible from the front of the fireplace.
2. The heating assembly according to claim 1, wherein the light projector 62 is disposed in an opening or an accommodating cavity disposed on the heating assembly 10, or the light projector is located on a top portion or a bottom portion or a side portion of the heating assembly as a single part.
3. The heating assembly according to claim 2, wherein the heating assembly 10 comprises a heating element 118, the light projector and the heating element are pre-wired.
5. The heating assembly according to claim 1, wherein the light projector (assembly of elements --the flame simulation assembly comprises a light source 82, a light randomizer 84, a reflective panel 132, and a light filter screen 86) includes a projector which is driven by a motor 96; in front of the projector, a rotating lens 92 is disposed to create a dazzling effect; a convex lens is formed as a front cover on the housing of the light projector in order to magnify the dazzling effect. The surface of the cylinder 92 has numerous openings 98 to permit light from the incandescent bulbs 88 to pass through the cylinder 92. In particular, these openings 98 are arranged so that only a certain portion of the light from the light bulbs 88 will ultimately pass through the cylinder 92 and be projected on to the back of the light diffuser screen 46. As the cylinder 92 rotates, the position, shape, and intensity of the light passing through the cylinder 92 will change. Moreover, the direction of rotation causes the changing light patterns to generally move upwardly along the back of the light diffuser screen 46. The shape of the openings 98 in the surface of the cylinder 92 will also affect the shape of the simulated flames. For example, the pattern for the cylinder openings 98 shown in FIG. 5 creates a series of flames that appear to dance or move from side to side as the cylinder 92 is rotated. The pattern for the cylinder openings 98 shown in FIG. 6, on the other hand, creates a series of flames that appear to change in height as the cylinder 92 is rotated. Any combination of shapes, sizes and numbers of openings 98 can be used depending on the nature and shape of the simulated flame that is desired.
6. The heating assembly according to claim 1, wherein the light projector has an angling projector head 90 which would allow for the projector head to be stowed in an angle and then placed in a downward position when assembled. Note- “an angle” can include any angle—including upright as shown in fig. 3. .
7. An electric fireplace, comprising a heating assembly 10, a projection screen 116 and a cabinet 14, wherein the heating assembly is the heating assembly according to claim 1.
9. The electric fireplace according to claim 7, wherein the projection screen is a translucent screen , and in front of the projection screen is provided with an ornament. The diffusing material 116 provides the surface on which the projected flames become visible. The bronze tint on the acrylic panel 114 softens the edges of the simulated flames so as to enhance the realism of the fireplace.10. The electric fireplace according to claim 9, wherein the ornament is a translucent ornament which have a cavity and an opening portion for receiving the projection light.
12. The electric fireplace according to claim 7, wherein a reflective element is provided in an opposite position to the light projector, the light from the light projector is projected onto the reflection element and then reflected to the projection screen. See col 4, lines 5-14
13. The electric fireplace according to claim 12, wherein an opening (void) is provided at a lower side of the projection screen 86, an ornament (simulated logs) is provided in front of the opening, the light reflected by the reflective element simultaneously illuminates the ornament and the projection screen directly.
14. The electric fireplace according to claim 13, wherein a rigid transparent panel 102 is added to where the opening is situated.
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17. The electric fireplace according to claim 7, wherein the heating assembly is mounted to a top panel of the cabinet 14, or mounted onto a holder disposed in the cabinet. See Fig. 3
19. The electric fireplace according to claim 7, wherein the projection screen includes a support member, and the screen is disposed on the support member, the support member is a support frame with a cut-out or open area to allow the light to go through or a transparent substrate. The light emanating from the light randomizer 84 is directed upwardly on to the back of the light diffuser screen 46. As best seen in FIG. 3, a light filter screen 86 is positioned between the light randomizer 84 and light diffuser screen 46. The light filter screen 86 extends across the width of the fireplace 10 and limits the overall area on the back of the light diffuser screen 46 that receives light from the light randomizer 84. As best seen in FIG. 7, the light filter screen 86 is comprised of a translucent panel 102 made from polycarbonate. In the preferred embodiment shown, a portion of the panel 102 has been rendered opaque by the application of black paint 104. Alternatively, a separate opaque panel having cutout areas can be placed against the translucent panel 102 to render portions of the translucent panel 102 opaque. The translucent area 106 of the light filter screen 86 necessarily limits the area of light from the light randomizer 84 that strikes the back of the light diffuser screen 46.
20. The electric fireplace according to claim 7, wherein the projection screen includes a support member which is a transparent rigid substrate 114 and a screen 116 which is a printed translucent screen with at least one opening, the printed translucent screen is attached onto the transparent rigid substrate.
21. The electric fireplace according to claim 7, wherein the projection screen is a transparent substrate, a portion of which is printed or painted and another portion of which is un-painted or un-printed. In the preferred embodiment shown, a portion of the panel 102 has been rendered opaque by the application of black paint 104.
22. An electric fireplace, comprising a heating assembly and a cabinet, wherein an ornament (similated logs) is provided in the cabinet, the heating assembly is the heating assembly according to claim 1, the light illuminated by the light projector is directly projected onto the ornament.
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 4, 8, 15, 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (US 6393207) alone or in view of Zhang (US 9068726).
Martin discloses the claimed invention except in reference to claim:
4. The heating assembly according to claim 4, wherein the heating element is a heating rod, the heating rod is disposed in a heating channel, the heating assembly further comprises a blower, the blower is positioned nearby or within the heating channel; a main circuit board is enclosed inside the heating assembly, the main circuit board is electrically connected to the heating rod, the blower and the light projector.
Martin teaches a the heating element disposed in a heating channel, the heating assembly further comprises a blower, the blower is positioned nearby or within the heating channel; a main circuit board is enclosed inside the heating assembly, the main circuit board is electrically connected to the heating rod, the blower and the light projector. Martin does not disclose the type of heating element comprising element 118, as such one of skill would look to known heating elements suitable for the task. A heating rod is well known in the art and would be an obvious design choice .
8. The electric fireplace according to claim 7, wherein the heating assembly is pre-installed onto the projection screen, the heating assembly and the projection screen is slotted into the cabinet as a single part. Martin discloses the use of separate components however it is considered well within the skill of the ordinary artisan to provide integrated component assemblies in order to provide for simple structural integration.
15. The electric fireplace according to claim 12, wherein a hollow plate on which a flame shape is hollowed out is disposed on the reflective element, or the reflective material on the reflective element is cut-out into a flame shape.
The shape of the openings 98 in the surface of the cylinder 92 will also affect the shape of the simulated flames. For example, the pattern for the cylinder openings 98 shown in FIG. 5 creates a series of flames that appear to dance or move from side to side as the cylinder 92 is rotated. The pattern for the cylinder openings 98 shown in FIG. 6, on the other hand, creates a series of flames that appear to change in height as the cylinder 92 is rotated. Any combination of shapes, sizes and numbers of openings 98 can be used depending on the nature and shape of the simulated flame that is desired.
16. The electric fireplace according to claim 7, wherein the light projector is disposed in front of the projection screen, the projection screen is an opaque screen. Relocating the projection source from behind a translucent screen to the front of an opaque or mostly opaque screen constitutes a simple an obvious rearrangement of parts.
18. The electric fireplace according to claim 17, wherein two holders are provided at each side of the projection screen, the projection screen and the two holders are engaged in a pluggable manner. The provision of generic holders on either side of the screen would be an obvious design choice from the disclosure of Martin .
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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Prosecution Insights