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.
Claims 1-26 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 1 requires “a comburent supply conduit” in line 6 and “a supply conduit” in line 11. It is unclear if “a supply conduit” in line 11 is the same or different from the “a comburent supply conduit” claimed in line 6. For the purposes of examination “a supply conduit” in line 11 is interpreted as “a comburent supply conduit”.
Claim 1 requires “a comburent” in line 6, “comburent” in line 11, “a comburent” in line 15, and “a comburent” in line 19. It is unclear if the latter recitations of “comburent” and “a comburent” in lines 11, 15, and 19 are referring to the comburent introduced in line 6 or a different comburent. For the purposes of examination the latter limitations are interpreted as requiring the same comburent introduced in line 6.
Claim 16 requires “[t]he apparatus according to claim 15 as appended to one or more of claims 2-14…the statement of dependency in the preamble is unclear, for this reason the scope of the claim cannot be determined and the claim has not been examined on the merits.
The term “near” in claim 21 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 26 requires “said introduction opening” and “said second emission opening” in line 5. Said introduction opening and said second emission opening are not introduced in claim 26 nor claim 1 from which claim 26 depends. For the purposes of examination “said introduction opening” is interpreted as “said comburent introduction opening” and “ said second emission opening” is interpreted as “said emission opening” consistent with the language used in claim 1.
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) 1-4, 7-8, 15, 17-19, 21, and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batz et. al (US 2016/0076763 A1).
With respect to claim 1 Batz discloses an end apparatus [see Fig. 3] for a burner configured to generate a flame, comprising: a combustion head [reference character 200] connectable to supply means for supplying a fuel and having at least one inlet opening [see annotated Fig. below, where the inlet opening feeds plenum 62] adapted to enable a fuel to enter [see paragraph 0080], and a plurality of outlet openings [outlet 23 in nozzle 22, see Figs. 3 and 5], adapted to enable an outflow of fuel; a comburent supply conduit [reference character 12, the air is supplied through clearance duct 13] configured to convey a comburent [see paragraph 0080] to said combustion head and extending between a comburent introduction opening [reference character 63] and an emission opening [at reference character 15] along a main extension direction [the central longitudinal axis of the burner head]; wherein said combustion head is at least partially inserted into said supply conduit [the partially inserted portion being reference characters 11,14,16, and 17], at the emission opening, so as to define a passage gap [see annotated Fig. below] between said combustion head and said supply conduit for a flow of comburent; characterized in that said combustion head comprises: a plurality of outer openings [the openings in reference character 212] arranged outside said passage gap according to a direction that is radial to said main extension direction and configured to emit a first flow of fuel [see paragraph 0075] outside said flow of a comburent; and a plurality of inner openings [the openings in reference character 17, see paragraph 0058, and the openings in reference character 14, see Fig. 4] arranged at and/or inside said passage gap according to a direction that is radial to said main extension direction, said inner openings being adapted to introduce a second flow of fuel [vie reference character 11] inside said flow of a comburent.
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With respect to claim 2 Batz discloses that said combustion head comprises a central body [reference characters 11, 14, 16, and 17] at least partially inserted into said supply conduit and extending between a first end [see annotated Fig. below], defining said inlet opening [see Fig. 3], and a second end [at reference character 15] along an extension direction [see annotated Fig. below]; said second end defining with said supply conduit at least partially said passage gap (9).
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With respect to claim 3 Batz discloses that said central body has a substantially axially symmetric extension [reference character 14] relative to said extension direction.
With respect to claim 4 Batz discloses that said extension direction is coincident with said main extension direction [see annotated Fig. above with respect to claim 2].
With respect to claim 7 Batz disclose that said second end has a convergent portion [reference character 14], preferably truncated conically shaped [see Fig. 3], along said extension direction [see annotated Fig. above with respect to claim 2] and defining with said supply conduit at least partially said passage gap [see annotated Fig. associated with claim 1].
With respect to claim 8 Batz discloses that said convergent portion has a plurality of outflow holes [the holes in reference character 14] adapted to introduce at least partially said second flow of fuel inside said flow of a comburent, said plurality of outflow holes defining at least partially said inner openings [see rejection for claim 1].
With respect to claim 15 Batz discloses that said combustion head comprises at least one inner nozzle [reference character 17] arranged inside said supply conduit according to a direction that is radial to said main extension direction, said inner nozzle defining at least partially said plurality of inner openings [see rejection for claim 1].
With respect to claim 17 Batz discloses that said at least one inner nozzle has an extension axis [the axis through the radial openings in reference character 17, see paragraph 0058] tilted relative to said extension direction.
With respect to claim 18 Batz discloses that said combustion head comprises a plurality of inner nozzles [reference character 22] having an extension transverse to said extension direction so that said second flow is at least partially convergent along said extension direction [see paragraph 0060].
With respect to claim 19 Batz discloses that said combustion head comprises a plurality of outer nozzles [reference character 212] in fluid communication with said inlet opening and arranged outside said supply conduit according to a direction that is radial to said main extension direction, said outer nozzles defining at least partially said plurality of outer openings [see Fig. 3].
With respect to claim 21 Batz discloses that said outer nozzles are arranged perimetrically to said supply conduit and near said emission opening [see Fig. 3].
With respect to claim 23 Batz discloses that said supply conduit has an end portion [see annotated Fig. below] defining a convergent profile [vanes 15 converge toward 14] near said emission opening.
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With respect to claim 24 Batz discloses a flame ignition means [reference character 30] adapted to promote combustion between said fuel and said comburent.
With respect to claim 25 Batz discloses that said combustion head has a passage conduit [reference character 213] defining an inlet [reference character 262] and an outlet [at reference character 221] through which the flow of comburent an flow at least partially.
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.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batz et. al (US 2016/0076763 A1) in view of Braig et. al (US 11,187,407).
With respect to claim 26 Blatz discloses the end apparatus of claim 1.
Blatz does not disclose a suction means configured to suck at least an amount of comburent from an environment outside said burner and to move said at least an amount of comburent from said second introduction opening to said second emission opening.
Braig discloses a burner head [reference character 16] that is provided with air via a fan [column 7 lines 35-42].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the burner taught by Blatz by using a fan to provide forced air to the burner, as taught by Braig, in order to ensure that there is always an adequate supply of combustion air to the burner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B 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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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762