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 .
DETAILED ACTION
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.
(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.
Claims 1, 2, 3, 13, and 19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Weilert (US 2023/0151967), which shows all of the claimed limitations. Weilert shows:
1. A heat deflector for a fire pit; the heat deflector comprising: a primary deflector member 106 having an outer perimeter (fig. 2C); a secondary deflector member 102 carried by the primary deflector member; the secondary deflector member spaced from the primary deflector member (fig. 1A); and the primary deflector member defining a plurality of openings 115 under the secondary deflector member (fig. 1A).
2. The heat deflector of claim 1, wherein the secondary deflector member is supported from the primary deflector by a plurality of legs 107.
3. The heat deflector of claim 2, wherein the legs define openings (fig. 1A-2A,2C).
13. The heat deflector of claim 1, wherein outer portions 116 of the primary deflector member are tilted down away from the secondary deflector member.
19. The heat deflector of claim 1, wherein the secondary deflector member is in the form of a shallow cone (fig. 1A,2A).
Claims 1, 5, 6, 8-11, 13-15, and 17-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Weilert (US 2024/0081580), which shows all of the claimed limitations. Weilert shows:
1. A heat deflector for a fire pit; the heat deflector comprising: a primary deflector member 240 having an outer perimeter (fig. 3); a secondary deflector member 250 carried by the primary deflector member; the secondary deflector member spaced from the primary deflector member; and the primary deflector member defining a plurality of openings 246 under the secondary deflector member (fig. 3,4).
5. The heat deflector of claim 1, further comprising a lower deflector structure 280 carried below the primary deflector member (fig. 3).
6. The heat deflector of claim 5, wherein the lower deflector structure is conical (fig. 6).
8. The heat deflector of claim 5, wherein the lower deflector structure has a bottom wall 284.
9. The heat deflector of claim 8, wherein the bottom wall of the lower heat deflector structure is free of openings (fig. 5).
10. The heat deflector of claim 8, wherein the bottom wall of the lower heat deflector structure is flat (fig. 5,6).
11. The heat deflector of claim 5, wherein the primary deflector member defines a central opening above the lower deflector structure (the plurality of openings 246 in the central area satisfy the broadest reasonable interpretation of the claimed limitation).
13. The heat deflector of claim 1, wherein outer portions 248 of the primary deflector member are tilted down away from the secondary deflector member (fig. 6).
14. The heat deflector of claim 1, further comprising a mounting tube 230 connected to the primary deflector member (fig. 3).
15. The heat deflector of claim 14, further comprising support arms 241 extending between the mounting tube and the primary heat deflector (fig. 3,4).
17. The heat deflector of claim 14, further comprising a reinforcing member 241 connected to the primary heat deflector around the mounting tube (fig. 3,4).
18. The heat deflector of claim 1, wherein the primary deflector member is circular and has four edge portions 248 that are tilted down away from the secondary deflector member (fig. 3,4).
19. The heat deflector of claim 1, wherein the secondary deflector member is in the form of a shallow cone (fig. 2,3,6).
Claims 1, 4, 13, 14, 16, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Forney (US 665,516), which shows all of the claimed limitations. Forney shows:
1. A heat deflector for a fire pit; the heat deflector comprising: a primary deflector member 1 having an outer perimeter (fig. 1); a secondary deflector member 16 carried by the primary deflector member; the secondary deflector member spaced from the primary deflector member; and the primary deflector member defining a plurality of openings under the secondary deflector member (at least two openings for passage of oil from branches 9 of main supply-pipe 10 to pipes 6 – page 1, lines 53-61).
4. The heat deflector of claim 1, wherein the primary deflector member has a width that is greater than a width of the secondary deflector member (fig. 1).
13. The heat deflector of claim 1, wherein outer portions of the primary deflector member are tilted down away from the secondary deflector member (sides of plate 1 are vertical (i.e., tilted down and extend away from deflector 16).
14. The heat deflector of claim 1, further comprising a mounting tube 12 connected to the primary deflector member.
16. The heat deflector of claim 14, further comprising a handle 17 (capable of being used as a handle) and a locking fastener connected to the mounting tube (fig. 1 shows a nut type fastener).
17. The heat deflector of claim 14, further comprising a reinforcing member 7 connected to the primary heat deflector around the mounting tube (same as the fixed shoulder on pipe 6 – fig. 1).
19. The heat deflector of claim 1, wherein the secondary deflector member is in the form of a shallow cone (fig. 2,3).
20. A fire pit comprising: a body 1,5 (fig. 1) that defines a fire box (page 2, lines 1-8); an accessory post 12 extending up from the body 1; and a heat deflector 16 carried by the accessory post; the position of the heat deflector being adjustable with respect to the fire box both vertically (inherently, at least during manufacture and/or set-up) and horizontally between a position above the fire box and a position that is not above the fire box (“pivoted” – page 1, line 94).
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 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.
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 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Weilert (US 2024/0081580), which discloses substantially all of the claimed limitations.
Weilert teaches the invention as described above, but fails to explicitly teach that the deflector structure is a hexagonal cone or the central opening has a width that is 75 to 95 percent a maximum width of the lower deflector structure.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Weilert, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable shape, size, values or ranges to optimize airflow effect involves only routine skill in the art. In re Aller, 105 USPQ 233; In re Swain, 156 F.2d 239. See also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 (“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These references disclose devices with many of the claimed components. Nevertheless, in order to avoid overburdening the applicant with redundant rejections, these references were not applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED BASICHAS whose telephone number is 571 272 4871. The examiner can normally be reached on Monday through Friday during regular business hours.
To contact the examiner’s supervisor please call MICHAEL HOANG whose telephone number is 571 272 6460.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Tech Center telephone number is 571 272 3700.
March 13, 2026
/ALFRED BASICHAS/Primary Patent Examiner, Art Unit 3762