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 19 and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Jan (US 2020/0309369), which shows all of the claimed limitations. Weilert shows:
19. A firepit comprising: a first bottom 175 comprising a plurality of air intakes 122 configured to allow air therethrough (para. 0027); a second bottom 100 elevated above the first bottom, the second bottom comprising a centrally located primary combustion air intake and secondary air intakes, the second bottom configured to divide the air into primary combustion air which passes through the primary combustion air intake and secondary combustion air which passes through the secondary air intakes (fig. 1); an outer wall 120 extending upwardly from the first bottom; an inner wall 110 extending upwardly from the second bottom, the inner wall and the second bottom defining a burn chamber for retaining and burning fuel 160 therein, the inner wall being spaced inwardly of the outer wall which defines a secondary space between the outer and inner walls for the secondary combustion air to travel therethrough, and the inner wall comprising a plurality of secondary combustion air outlets 124 located adjacent to a top end of the inner wall (fig. 1); and a top plate 125 extending inwardly from the outer wall beyond the inner wall, wherein the secondary combustion air is configured to flow from the second bottom, through the secondary space, through the plurality of secondary combustion air outlets of the inner wall, and into the burn chamber underneath the top plate (fig. 1).
20. A method comprising: providing a firepit comprising a first bottom comprising a plurality of air intakes, a second bottom connected to and elevated above the first bottom, the second bottom comprising a centrally located primary combustion air intake and secondary air intakes, an outer wall extending upwardly from the first bottom, an inner wall extending upwardly from the second bottom, the inner wall and the second bottom defining a burn chamber for retaining and burning fuel therein, the inner wall being spaced inwardly of the outer wall which defines a secondary space between the outer and inner walls for the secondary combustion air to travel therethrough, and the inner wall comprising a plurality of secondary combustion air outlets located adjacent to a top end of the inner wall, and a top plate connecting the inner wall and the outer wall; initiating a primary combustion of the fuel in the burn chamber; intaking air, by the first bottom, through the plurality of air intakes in the first bottom; dividing the air, via the second bottom, into primary combustion air which passes through the primary combustion air intake and secondary combustion air which passes through the secondary air intakes; preheating, by heat emanating from the second bottom, the primary combustion air; guiding, by the second bottom, the primary combustion air into the burn chamber; guiding, by the second bottom, the secondary combustion air into the secondary space between the outer and inner walls; preheating, by heat emanating from the inner wall, the secondary combustion air which passes through the secondary space; guiding, by the outer and inner walls and the top plate, the secondary combustion air through the secondary space and toward the plurality of secondary combustion air outlets of the inner wall; guiding, by the plurality of secondary combustion air outlets of the inner wall, the secondary combustion air from the secondary space into the burn chamber underneath the top plate; and initiating a secondary combustion by introducing the secondary combustion air into the burn chamber and burning smoke and gases released by the primary combustion of the fuel to reduce smoke outputted by the firepit (see previous claim).
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.
Claims 1, 2, 5, 12, 13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jan (US 2020/0309369) in view of Weilert (US 2024/0053020). Jan discloses:
1. A smokeless firepit comprising: a first bottom 175 configured to pass primary combustion air from below the first bottom to above the first bottom when the firepit is in an upright position on a surface and burning fuel 160 (fig. 1); a second bottom 100 spaced apart from and located above the first bottom, the second bottom configured to pass the primary combustion air from below the second bottom to above the second bottom at a center of the second bottom when the firepit is in the upright position on the surface and burning fuel (fig. 1); 110 extending upwardly from the second bottom, the inner wall and the second bottom defining a burn chamber for retaining and burning fuel therein (fig. 1); an outer wall 120 extending upwardly from the first bottom and spaced apart from the inner wall (fig. 1); and a top plate 125 extending inwardly from the outer wall, wherein secondary combustion air is configured to be received at a bottom of the outer wall, pass upward between the inner wall and the outer wall, and enter the burn chamber at a top of the inner wall underneath the top plate (via ventilation holes 124) when the firepit is in the upright position and burning fuel (para. 0025-0027).
2. The smokeless firepit of claim 1, further comprising: a primary combustion air manifold located about the center of the second bottom (fig. 2 – holes 330 and 323 in the central area); and the primary combustion air manifold is configured to receive the primary combustion air from below the second bottom and direct the primary combustion air into the burn chamber (para. 0030,0032,0034,0045).
5. The smokeless firepit of claim 1, wherein: the first bottom comprises an outer perimeter connected to the outer wall (fig. 1 – portion with holes 122); the second bottom comprises an outer perimeter 112 connected to the outer wall; and the outer wall respectively connects the first bottom to the second bottom about the outer perimeters of the first bottom and the second bottom (fig. 1).
12. The smokeless firepit of claim 1, wherein: the top plate extends inwardly beyond the inner wall toward a center of the burn chamber; and the top plate is configured to inwardly direct the secondary combustion air, preventing the secondary combustion air from immediately exiting the burn chamber (fig. 1).
13. The smokeless firepit of claim 1, wherein: the top plate extends inwardly beyond the inner wall and at least partially within the burn chamber defining a secondary combustion area within the burn chamber; the secondary combustion area is located adjacent to an underside of the top plate and the top of the inner wall; and the top plate is configured to prevent the secondary combustion air from immediately exiting the burn chamber such that the secondary combustion air is forced to temporarily stay within the secondary combustion area adjacent to the underside of the top plate for igniting smoke and gases released by a previous primary combustion of the fuel within the burn chamber (fig. 1; para. 0025).
15. The smokeless firepit of claim 1, wherein: the inner wall comprises a plurality of air outlets at the top of the inner wall; and the plurality of air outlets of the inner wall is configured to allow the secondary combustion air to pass therethrough and enter the burn chamber below the top plate (fig. 1; para. 0025,0027).
17. The smokeless firepit of claim 1, wherein: the first bottom has a circular cross-section; the second bottom has a circular cross-section; the inner and outer walls each define annular walls; and the top plate comprises a ring connecting the inner wall and the outer wall together (fig. 1).
Jan discloses substantially all of the claimed limitations as described above but fails to explicitly teach the plurality of feet as recited in claim 1.
Weilert, in the same or related field of endeavor (i.e., firepits/portable fireplaces/stoves), teaches that it is known in the art to provide a plurality of feet 270.
Weilert teaches that such an arrangement provides for elevating the firepit above a non-heat proof surface, thus providing for fire safety (para. 0003,0004).
Accordingly, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention incorporate the foot arrangement as taught by Weilert into the invention disclosed by Jan, so as to provide for fire safety.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jan (US 2020/0309369) in view of Weilert (US 2024/0053020), and further in view of Handley (US 2,505,113).
The combination of Jan and Weilert teaches substantially all of the claimed limitations, but fails to specifically recite a shovel.
Handley, in the same or related field of endeavor (i.e., furnaces/fireplaces), teaches that it is known in the art to provide a shovel where the handle 1 is 90 degrees relative the shovel body 2 (fig. 1,2).
Handley teaches that such an arrangement provides for elevating the firepit above a non-heat proof surface, thus providing for removing ash and slag (col. 1, lines 12-15).
As regards the sizing, such is inherent as providing a tool of the appropriate size provides convenience in use.
Accordingly, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention incorporate the shovel as taught by Handley into the invention taught by Jan and Weilert, so as to provide for convenience in removing ash and slag.
Allowable Subject Matter
Claims 3, 4, 6-11, 14, and 18 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.
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.
June 2, 2026
/ALFRED BASICHAS/Primary Patent Examiner, Art Unit 3762
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