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
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
fuel container of claims 1 and 14;
compressed fluid supply of claims 1 and 18;
compressed fluid valve of claims 1 and 18;
fuel valve of claims 8, 14, and 17;
compressed air container of claims 9 and 19;
compressed air channel of claims 9 and 19;
compressed air valve of claims 9 and 19;
inlet valve of claim 11;
embedded air filling device of claim 12;
deformable elastic pouch of claim 13;
first valve of claim 13;
second valve of claim 13; and
auxiliary actuating mechanism of claim 17
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fuel actuating mechanism” in claims 8 and 16;
“external air filling device” in claim 11;
“auxiliary actuating mechanism” in claim 17;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Factors that will support a conclusion that the prior art element is an equivalent are:
(A) The prior art element performs the identical function specified in the claim in substantially the same way, and produces substantially the same results as the corresponding element disclosed in the specification. Kemco Sales, Inc. v. Control Papers Co., 208 F.3d 1352, 1364, 54 USPQ2d 1308, 1315 (Fed. Cir. 2000) (An internal adhesive sealing the inner surfaces of an envelope pocket was not held to be equivalent to an adhesive on a flap which attached to the outside of the pocket. Both the claimed invention and the accused device performed the same function of closing the envelope, but the accused device performed the function in a substantially different way (by an internal adhesive on the inside of the pocket) with a substantially different result (the adhesive attached the inner surfaces of both sides of the pocket)); Odetics Inc. v. Storage Tech. Corp., 185 F.3d 1259, 1267, 51 USPQ2d 1225, 1229-30 (Fed. Cir. 1999); Lockheed Aircraft Corp. v. United States, 193 USPQ 449, 461 (Ct. Cl. 1977). The concepts of equivalents as set forth in Graver Tank & Mfg. Co. v. Linde Air Products, 339 U.S. 605, 85 USPQ 328 (1950) are relevant to any "equivalents" determination. Polumbo v. Don-Joy Co., 762 F.2d 969, 975 n.4, 226 USPQ 5, 8-9 n.4 (Fed. Cir. 1985).
(B) A person of ordinary skill in the art would have recognized the interchangeability of the element shown in the prior art for the corresponding element disclosed in the specification. Caterpillar Inc. v. Deere & Co., 224 F.3d 1374, 56 USPQ2d 1305 (Fed. Cir. 2000); Al-Site Corp. v. VSI Int’ l, Inc., 174 F.3d 1308, 1316, 50 USPQ2d 1161, 1165 (Fed. Cir. 1999); Chiuminatta Concrete Concepts, Inc. v. Cardinal Indus. Inc., 145 F.3d 1303, 1309, 46 USPQ2d 1752, 1757 (Fed. Cir. 1998); Lockheed Aircraft Corp. v. United States, 193 USPQ 449, 461 (Ct. Cl. 1977); Data Line Corp. v. Micro Technologies, Inc., 813 F.2d 1196, 1 USPQ2d 2052 (Fed. Cir. 1987).
(C) There are insubstantial differences between the prior art element and the corresponding element disclosed in the specification. IMS Technology, Inc. v. Haas Automation, Inc., 206 F.3d 1422, 1436, 54 USPQ2d 1129, 1138 (Fed. Cir. 2000); Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 41 USPQ2d 1865, 1875 (1997); Valmont Industries, Inc. v. Reinke Mfg. Co., 983 F.2d 1039, 25 USPQ2d 1451 (Fed. Cir. 1993). See also Caterpillar Inc. v. Deere & Co., 224 F.3d 1374, 56 USPQ2d 1305 (Fed. Cir. 2000) (A structure lacking several components of the overall structure corresponding to the claimed function and also differing in the number and size of the parts may be insubstantially different from the disclosed structure. The limitation in a means- (or step-) plus-function claim is the overall structure corresponding to the claimed function. The individual components of an overall structure that corresponds to the claimed function are not claim limitations. Also, potential advantages of a structure that do not relate to the claimed function should not be considered in an equivalents determination under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph).
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 limitation “an auxiliary actuating mechanism” in claim 17 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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, 3-5, 8, 9, 15, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Triest (US 2286591 A), hereinafter Van Triest.
Regarding claim 1, Van Triest discloses a flame producing assembly comprising:
a fuel container fillable with fuel (“2 designates generally a gas and oxygen torch for the mixing and combustion of a fuel gas and oxygen as supplied thereto by valve-controlled conduits or hoses 3 and 4 respectively” page 1, column 1, line 55 indicates the existence of a fuel tank),
a fuel nozzle arrangement for producing a flame comprising a fuel nozzle and a fuel supply channel, the fuel supply channel extending from the fuel container to a fuel nozzle opening of the fuel nozzle, the fuel nozzle opening being oriented along an axis in a flame direction (“5 designates a tip or nozzle therefor having the conventional annular series of fuel and oxygen mixture passages 6 converging about a central larger oxygen passage 7 at the terminal of the tip” page1, column 2, line 4),
wherein the flame producing assembly further comprises:
a nozzle arrangement having a nozzle outlet which at least partially encircles the fuel nozzle arrangement (“an air or gas jacket 9 surrounding the tip 5 and secured thereto. The jacket 9 includes an annular recess or chamber 10 connected with a source of supply by conduit 11 and a control valve 12 carried by the torch 2. 13 are passageways or ports extending from the chamber 10 to the terminal of the tip 5 and arranged in annular series around or partly around the tip passages 6 and 7”),
a compressed fluid supply for storing compressed fluid (“a gaseous medium such as air under pressure” page 1, column 1, line 32), and
a compressed fluid valve (12),
wherein the nozzle arrangement is suppliable with compressed fluid from the compressed fluid supply via activation of the compressed fluid valve (Via 12), and
wherein the nozzle arrangement is shaped such that, when being supplied with compressed fluid during operation of the flame producing assembly, an at least partially encircling fluid curtain is created around the flame (“layer or curtain of air” page 2, column 1, line 6).
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Regarding claim 3, Van Triest discloses the flame producing assembly of claim 1, wherein the nozzle arrangement has one or more openings which together form the nozzle outlet (13).
Regarding claim 4, Van Triest discloses the flame producing assembly of claim 1, wherein the nozzle outlet extends circumferentially at least partially around the fuel nozzle arrangement (Figure 4).
Regarding claim 5, Van Triest discloses the flame producing assembly of claim 1, wherein the nozzle outlet is arranged radially distanced from the axis by a minimum predefined length to reduce or eliminate a disturbance of the flame by the fluid curtain (13 is offset from the axis and the flame is not disturbed).
Regarding claim 8, Van Triest discloses the flame producing assembly of claim 1, further comprising a fuel valve and a fuel actuating mechanism for activating and deactivating the fuel valve, wherein the fuel nozzle is suppliable with fuel from the fuel container via activation of the fuel valve (“a fuel gas and oxygen as supplied thereto by valve-controlled conduits or hoses 3 and 4” page 1, column 2, line 2).
Regarding claim 9, Van Triest discloses the flame producing assembly of claim 1, wherein the compressed fluid is compressed air,
wherein the compressed fluid supply comprises a compressed air container and a compressed air channel via which the compressed air container is coupled to the nozzle arrangement, the compressed air container being fillable with compressed air (“a gaseous medium such as air under pressure” page 1, column 1, line 32 indicates the existence of a compressed air container), and
wherein the compressed fluid valve is a compressed air valve such that the encircling air curtain is created at least partially around the flame when the nozzle arrangement is supplied with compressed air during operation of the flame producing assembly (Figure 2).
Regarding claim 15, Van Triest discloses an air curtain device for a flame producing assembly comprising:
a nozzle arrangement being configured to create an air curtain at least partially around a flame produced by the flame producing assembly (“an air or gas jacket 9 surrounding the tip 5 and secured thereto. The jacket 9 includes an annular recess or chamber 10 connected with a source of supply by conduit 11 and a control valve 12 carried by the torch 2. 13 are passageways or ports extending from the chamber 10 to the terminal of the tip 5 and arranged in annular series around or partly around the tip passages 6 and 7”).
Regarding claim 17, Van Triest discloses the flame producing assembly of claim 1, further comprising an auxiliary actuating mechanism for activating and deactivating the compressed fluid valve separately of the fuel valve (The valve 12 is auxiliary to and separate from the fuel valve).
Regarding claim 18, Van Triest discloses the air curtain device of claim 15, wherein the nozzle arrangement comprises:
a nozzle outlet which at least partially encircles a fuel nozzle arrangement of the flame producing assembly (13),
a compressed fluid supply for storing compressed fluid (“a gaseous medium such as air under pressure” page 1, column 1, line 32), and
a compressed fluid valve (12),
wherein the nozzle arrangement is suppliable with compressed fluid from the compressed fluid supply via activation of the compressed fluid valve (Via 12), and
wherein the nozzle arrangement is shaped such that, when being supplied with compressed fluid during operation of the flame producing assembly, an at least partially encircling fluid curtain is created around the flame (“layer or curtain of air” page 2, column 1, line 6).
Claims 1-5, 8, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mifune (US 5716204 A), hereinafter Mifune.
Regarding claim 1, Mifune discloses a flame producing assembly comprising:
a fuel container fillable with fuel (“a high-pressure fuel gas, such as isobutane gas, is stored in the tank body 11” column 6, line 59),
a fuel nozzle arrangement for producing a flame comprising a fuel nozzle and a fuel supply channel, the fuel supply channel extending from the fuel container to a fuel nozzle opening of the fuel nozzle, the fuel nozzle opening being oriented along an axis in a flame direction (“A combustion device 1 provided with a combustion cylinder 2A, in which the fuel gas having been jetted from the nozzle 3 is burned” column 6, line 66 and “The combustion cylinder 2A of the combustion device 1 comprises a base member 4, which is located at the base portion of the combustion cylinder 2A, a combustion inner pipe 6, which is secured to the base member 4 and extends upwardly” column 7, line 57),
wherein the flame producing assembly further comprises:
a nozzle arrangement having a nozzle outlet which at least partially encircles the fuel nozzle arrangement (“In the combustion cylinder 2C, the base member 4, the combustion inner pipe 6, and the combustion outer pipe 7 are constituted in the same manner as that in the first embodiment described above. The auxiliary pipe 9 is located around the outer periphery of the combustion outer pipe 7 and at a predetermined spacing from the combustion outer pipe 7” column 14, line 58),
a compressed fluid supply for storing compressed fluid (“a high-pressure fuel gas, such as isobutane gas, is stored in the tank body 11” column 6, line 59. The examiner notes that the embodiment of claim 14 requires interpreting as a possibility the fuel container as the compressed fluid supply), and
a compressed fluid valve (“A valve mechanism 12, which is provided with a nozzle 3 for jetting the fuel gas, is accommodated in a valve housing 13” column 6, line 62),
wherein the nozzle arrangement is suppliable with compressed fluid from the compressed fluid supply via activation of the compressed fluid valve (“In the valve mechanism 12, a fuel gas flow path is opened by an upward movement of the nozzle 3, and the fuel gas is jetted from a jet opening 3a, which is open at an upper end of the nozzle 3” column 7, line 21), and
wherein the nozzle arrangement is shaped such that, when being supplied with compressed fluid during operation of the flame producing assembly, an at least partially encircling fluid curtain is created around the flame (“Air flows through the space P, which is defined between the combustion outer pipe 7 and the auxiliary pipe 9. When the fuel gas burns in the combustion cylinder 2C, the top end of the combustion outer pipe 7 is heated by the flame, heat at the top end of the combustion outer pipe 7 transfers downwardly, and the entire area of the combustion outer pipe 7 thereby becomes hot. At this time, heat from the combustion outer pipe 7 is blocked by air, which is present in the space P, which is defined between the combustion outer pipe 7 and the auxiliary pipe 9” column 15, line 2).
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Regarding claim 2, Mifune discloses the flame producing assembly of claim 1, wherein the nozzle arrangement is positioned around the axis and below the fuel nozzle opening in a direction opposite to the flame direction (“The top end of the auxiliary pipe 9 is lower than the top end of the combustion outer pipe 7” column 14, line 64).
Regarding claim 3, Mifune discloses the flame producing assembly of claim 1, wherein the nozzle arrangement has one or more openings which together form the nozzle outlet (Figures 2 and/or 10).
Regarding claim 4, Mifune discloses the flame producing assembly of claim 1, wherein the nozzle outlet extends circumferentially at least partially around the fuel nozzle arrangement (“the combustion cylinder has a multiple pipe multiple pipe structure comprising a combustion inner pipe surrounding the nozzle, into which the fuel gas containing the primary air mixed in flows and containing the ignition means, and a combustion outer pipe, which is located around said combustion inner pipe and at a predetermined spacing from said combustion inner pipe” claim 1).
Regarding claim 5, Mifune discloses the flame producing assembly of claim 1, wherein the nozzle outlet is arranged radially distanced from the axis by a minimum predefined length to reduce or eliminate a disturbance of the flame by the fluid curtain (“the combustion cylinder has a multiple pipe multiple pipe structure comprising a combustion inner pipe surrounding the nozzle, into which the fuel gas containing the primary air mixed in flows and containing the ignition means, and a combustion outer pipe, which is located around said combustion inner pipe and at a predetermined spacing from said combustion inner pipe” claim 1).
Regarding claim 8, Mifune discloses the flame producing assembly of claim 1, further comprising a fuel valve and a fuel actuating mechanism for activating and deactivating the fuel valve, wherein the fuel nozzle is suppliable with fuel from the fuel container via activation of the fuel valve (“A valve mechanism 12, which is provided with a nozzle 3 for jetting the fuel gas, is accommodated in a valve housing 13” column 6, line 62).
Regarding claim 14, Mifune discloses the flame producing assembly of claim 1, wherein the fuel is used as compressed fluid (“a high-pressure fuel gas, such as isobutane gas, is stored in the tank body 11” column 6, line 59),
wherein the compressed fluid supply is provided by the fuel container, the fuel supply channel and a fuel supply branch extending from the fuel supply channel to the nozzle arrangement such that the nozzle arrangement is coupled to the fuel container (“In the valve mechanism 12, a fuel gas flow path is opened by an upward movement of the nozzle 3, and the fuel gas is jetted from a jet opening 3a, which is open at an upper end of the nozzle 3” column 7, line 21),
wherein the compressed fluid valve is a compressed fuel valve being arranged in the fuel supply branch such that, when the nozzle arrangement is supplied with compressed fuel during operation of the flame producing assembly, ambient air is drawn into the fuel to create the encircling air-fuel curtain at least partially around the flame (“Air flows through the space P, which is defined between the combustion outer pipe 7 and the auxiliary pipe 9. When the fuel gas burns in the combustion cylinder 2C, the top end of the combustion outer pipe 7 is heated by the flame, heat at the top end of the combustion outer pipe 7 transfers downwardly, and the entire area of the combustion outer pipe 7 thereby becomes hot. At this time, heat from the combustion outer pipe 7 is blocked by air, which is present in the space P, which is defined between the combustion outer pipe 7 and the auxiliary pipe 9” column 15, line 2).
Regarding claim 16, Mifune flame producing assembly of claim 8, wherein the compressed fluid valve is operatively coupled to the fuel actuating mechanism such that the compressed fluid valve is activated and deactivated simultaneously with the fuel valve by the actuating mechanism (“In the valve mechanism 12, a fuel gas flow path is opened by an upward movement of the nozzle 3, and the fuel gas is jetted from a jet opening 3a, which is open at an upper end of the nozzle 3” column 7, line 21. The examiner notes that the embodiment of claim 14 requires interpreting as a possibility the fuel container as the compressed fluid supply).
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.
Claims 1, 2, 9-11, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bellandi (IT BS20100076 A1), hereinafter Bellandi, in view of Lantrua (FR 2590968 A1), hereinafter Lantrua.
Regarding claims 1 and 9-11, Bellandi discloses a flame producing assembly comprising:
a fuel container fillable with fuel (“gas tank 18” all citations from machine translation appended to foreign reference),
a fuel nozzle arrangement for producing a flame comprising a fuel nozzle and a fuel supply channel, the fuel supply channel extending from the fuel container to a fuel nozzle opening of the fuel nozzle, the fuel nozzle opening being oriented along an axis in a flame direction (“torch or tip 15”),
wherein the flame producing assembly further comprises:
a nozzle arrangement having a nozzle outlet which at least partially encircles the fuel nozzle arrangement (“an outlet duct 23, connected to the end opening 14 and surrounding the torch or tip 15”),
a fluid supply, and
a fluid control,
wherein the nozzle arrangement is suppliable with fluid from the fluid supply via activation of the fluid control (“The blower 13 is located elsewhere inside the body 11 and essentially comprises a fan 19, preferably of the axial type, driven by an electric motor 20 powered by batteries 21 housed in said body and preferably of the rechargeable type”), and
wherein the nozzle arrangement is shaped such that, when being supplied with fluid during operation of the flame producing assembly, an at least partially encircling fluid curtain is created around the flame (Simultaneous operation of the lighter and blower will produce a flame and air curtain).
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Bellandi does not disclose:
wherein the fluid supply is a compressed fluid supply for storing compressed fluid, wherein the fluid control is a compressed fluid valve;
wherein the compressed fluid is compressed air,
wherein the compressed fluid supply comprises a compressed air container and a compressed air channel via which the compressed air container is coupled to the nozzle arrangement, the compressed air container being fillable with compressed air,
wherein the compressed fluid valve is a compressed air valve;
wherein the compressed air container is refillable with compressed air;
an air inlet valve coupled to the compressed air container, the air inlet valve being coupleable to an external air filling device to refill compressed air into the compressed air container.
However, Lantrua teaches:
wherein the fluid supply is a compressed fluid supply for storing compressed fluid, wherein the fluid control is a compressed fluid valve;
wherein the compressed fluid is compressed air,
wherein the compressed fluid supply comprises a compressed air container and a compressed air channel via which the compressed air container is coupled to the nozzle arrangement, the compressed air container being fillable with compressed air,
wherein the compressed fluid valve is a compressed air valve;
wherein the compressed air container is refillable with compressed air;
an air inlet valve coupled to the compressed air container, the air inlet valve being coupleable to an external air filling device to refill compressed air into the compressed air container (“The rear part is constituted by a conventional air generator blower with an electric motor supplied autonomously (rechargeable batteries or batteries) or blower with compressed air whose air flow is controlled by a valve. This compressed air can be produced by interchangeable cartridges. It can also have been pressurized in a tank or by a hand device (pneumatic pump). either by a compressor type device or by bottles” all citations provided from the machine translation appended to the foreign reference).
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Bellandi discloses everything except for the claimed air source. Lantrua teaches the claimed air source. The substitution of one known element (the blower of Bellandi) for another (the compressed air container of Lantrua) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the compressed air container taught in Lantrua would have yielded predictable results, namely, a source of air Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 2, Bellandi, as modified by Lantrua, discloses the flame producing assembly of claim 1, wherein the nozzle arrangement is positioned around the axis and below the fuel nozzle opening in a direction opposite to the flame direction (See the figure of Bellandi).
Regarding claim 19, Bellandi discloses an air curtain device for a flame producing assembly, the flame producing assembly being configured to produce a flame along an axis in a flame direction, the air curtain device comprising:
a main body having a central lumen along the axis therethrough for receiving a fuel nozzle of the flame producing assembly, wherein the main body is releasably mountable on the flame producing assembly such that the fuel nozzle of the flame producing assembly is received in the central lumen (Tube 15),
an air nozzle arrangement provided in the main body and having a nozzle outlet which at least partially encircles the central lumen (“an outlet duct 23, connected to the end opening 14 and surrounding the torch or tip 15”),
an air source, the air source being provided in the main body and being coupled to the air nozzle arrangement via an air channel (“The blower 13 is located elsewhere inside the body 11 and essentially comprises a fan 19, preferably of the axial type, driven by an electric motor 20 powered by batteries 21 housed in said body and preferably of the rechargeable type”), and
an air control for controlling supply of air from the air source to the nozzle arrangement, wherein the nozzle arrangement is shaped such that, when being mounted on the flame producing assembly and when being supplied with air during operation of the flame producing assembly, an encircling air curtain is created around the flame (Simultaneous operation of the lighter and blower will produce a flame and air curtain).
Bellandi does not disclose a compressed air container for storing compressed air, the compressed air container being provided in the main body and being coupled to the air nozzle arrangement via a compressed air channel, and a compressed air valve for controlling supply of compressed air from the compressed air container to the nozzle arrangement.
However, Lantrua teaches a compressed air container for storing compressed air, the compressed air container being provided in the main body and being coupled to the air nozzle arrangement via a compressed air channel, and a compressed air valve for controlling supply of compressed air from the compressed air container to the nozzle arrangement (“The rear part is constituted by a conventional air generator blower with an electric motor supplied autonomously (rechargeable batteries or batteries) or blower with compressed air whose air flow is controlled by a valve. This compressed air can be produced by interchangeable cartridges. It can also have been pressurized in a tank or by a hand device (pneumatic pump). either by a compressor type device or by bottles” all citations provided from the machine translation appended to the foreign reference).
Bellandi discloses everything except for the claimed air source. Lantrua teaches the claimed air source. The substitution of one known element (the blower of Bellandi) for another (the compressed air container of Lantrua) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the compressed air container taught in Lantrua would have yielded predictable results, namely, a source of air Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 20, Bellandi, as modified by Lantrua, discloses the air curtain device of claim 19, wherein the main body is shaped such that the fuel nozzle of the flame producing assembly extends through the central lumen outside the central lumen in the flame direction (See figure of Bellandi).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mifune, in view of Kai (JP 3692217 B2), hereinafter Kai.
Regarding claims 6 and 7, Mifune discloses the flame producing assembly of claim 1.
Mifune does not disclose wherein the nozzle arrangement is shaped such that an outlet direction of fluid flowing through the nozzle outlet is inclined outwardly with respect to the flame direction, wherein the nozzle arrangement comprises an outer cylindrical wall and an inverted cone-shaped element which is arranged around the axis, distanced from the outer cylindrical wall in the flame direction such that the nozzle outlet is formed between the outer cylindrical wall and the inverted cone-shaped element.
However, Kai teaches wherein the nozzle arrangement is shaped such that an outlet direction of fluid flowing through the nozzle outlet is inclined outwardly with respect to the flame direction, wherein the nozzle arrangement comprises an outer cylindrical wall (1) and an inverted cone-shaped element (6a) which is arranged around the axis, distanced from the outer cylindrical wall in the flame direction such that the nozzle outlet is formed between the outer cylindrical wall and the inverted cone-shaped element (Figure 2).
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In view of Kai’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the nozzle arrangement is shaped such that an outlet direction of fluid flowing through the nozzle outlet is inclined outwardly with respect to the flame direction, wherein the nozzle arrangement comprises an outer cylindrical wall and an inverted cone-shaped element which is arranged around the axis, distanced from the outer cylindrical wall in the flame direction such that the nozzle outlet is formed between the outer cylindrical wall and the inverted cone-shaped element as is taught in Kai, in the flame producing assembly disclosed by Mifune because Kai states “To prevent carbon from adhering to the plate surface, proper mixing of primary air and fuel is performed on the flame stabilizer cone surface, and the ring frame does not disappear due to the grown carbon, so stable combustion continues.” Therefore, including the features of Kai will improve flame stability in Mifune.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bellandi, in view of Lantrua, and further in view of Cohen (US 5158767 A), hereinafter Cohen.
Regarding claims 12 and 13, Bellandi, as modified by Lantrua, discloses the flame producing assembly of claim 9.
Bellandi, as modified by Lantrua, does not disclose an embedded air filling device coupled to the compressed air container, wherein the embedded air filling device is adapted to press air into the compressed air container, wherein the embedded air filling device comprises a deformable elastic pouch with a first valve coupled to the compressed air container to pump air into the compressed air container and a second valve coupled to an exterior of the flame producing assembly to draw in ambient air from the environment into the pouch.
However, Cohen teaches an embedded air filling device coupled to the compressed air container, wherein the embedded air filling device is adapted to press air into the compressed air container, wherein the embedded air filling device comprises a deformable elastic pouch (“Pump 34 includes a top layer 38 and a bottom layer 40, both of which are made from any suitable material, for example, a urethane film... Disposed between top layer 38 and bottom layer 40 is a foam member 42. The function of foam member 42 is to add resiliency to pump 34” column 3, line 32) with a first valve coupled to the compressed air container to pump air into the compressed air container (“The outlet tube 55 has an exit check valve 58 which ensures that, after bladder 36 is inflated to a desired pressure, air does not flow out of the bladder 36 through pump 34” column 4, line 31) and a second valve coupled to an exterior of the assembly to draw in ambient air from the environment into the pouch (“The inlet tube 54 has thereon an inlet check valve 56 which assures that air only flows into pump 34 from the atmosphere” column 4, line 27).
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In view of Cohen’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include an embedded air filling device coupled to the compressed air container, wherein the embedded air filling device is adapted to press air into the compressed air container, wherein the embedded air filling device comprises a deformable elastic pouch with a first valve coupled to the compressed air container to pump air into the compressed air container and a second valve coupled to an exterior of the assembly to draw in ambient air from the environment into the pouch as is taught in Cohen, in the flame producing assembly as presently modified because Cohen states “enables a user to inflate a bladder to a desired pressure with a conveniently placed pump” (column 3, line 23). Therefore, the on-board pump taught by Cohen will improve convenience in the assembly as modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Reize (US 2557010 A)
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Anderson (US 2949391 A) “small passages 66 which are circumferentially spaced around the torch tip as best illustrated in Fig. 4. (54) These passages open at one end into the plenum 63 and at the other end into the lower end face 67 of the jacket and they direct jets of air from the plenum 63 downwardly along the surface of the tip body to enshroud it” column 7, line 60
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Wonisch (US 4190034 A)
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Creuz (US 3881863 A) “The last row of apertures at the large end of the burner cone is employed to provide a cylindrical-shaped air curtain extending downstream of the burner, there being a forwardly projecting air curtain baffle ring attached within the cone on the upstream side of this last row of air apertures for the purpose. Thus, the emanating flame is not permitted to be dispersed laterally, but is contained within the projected forward area of the burner” column 3, line 1
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/LOGAN P JONES/Examiner, Art Unit 3762