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 § 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)(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 1-4, 6-7, 9-15, 17-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 209991453 U (hereinafter “ZHU”).
Regarding Claims 1-4, 6-7, 9-11 and 20, ZHU discloses a gas burner assembly for a cooktop appliance, comprising:
a first burner body (see 6) comprising a plurality of first flame ports (16) distributed along a circumferential direction about a central combustion zone (see 20, 21) radially inward of the plurality of first flame ports, the first burner body comprising a first mixing chamber (see 18) fluidly coupled to the plurality of first flame ports to distribute a first flow of fuel therethrough;
a second burner body (see 7) comprising a plurality of second flame ports (17) distributed along the circumferential direction about the central combustion zone (see 20), the second burner body comprising a second mixing chamber (19) fluidly coupled to the plurality of second flame ports to distribute a second flow of fuel therethrough,
wherein the second burner body (see 7) is positioned radially inward of the first burner body (see 6), and wherein the plurality of second flame ports (17) is positioned along an axial direction below the plurality of first flame ports (16; see Fig. 6);
wherein the plurality of second flame ports (17) comprises a reference second height below a reference first height of the plurality of first flame ports (16), wherein the second height references an uppermost portion of the plurality of second flame ports (17);
wherein the first height references a lowermost portion of the plurality of first flame ports (16);
wherein the plurality of second flame ports (17) comprises a reference second height below a reference first height of the plurality of first flame ports (16), wherein a height separation difference between the first height and the second height is at least double an axial dimension of the plurality of second flame ports (17; see Figs. 1 & 6);
wherein the second burner body comprises a burner head (7), and wherein a maximum height of the burner head is at or above the plurality of first flame ports (16; see Fig. 6);
wherein the plurality of second flame ports (17) comprises a reference second height below a reference first height of the plurality of first flame ports (16), and wherein the second burner body comprises a burner head (7), and wherein a maximum height of the burner head is equal to or greater than the first height of the plurality of first flame ports (16);
wherein the first burner body (see 6) and second burner body (see 7) comprise a mixing throat (23, 24) extending along the axial direction;
wherein the central combustion zone (20) is free of burner material above a continuous sealed cooktop surface (see 2, 8);
wherein the first burner body (see 6) and the second burner body (see 7) comprise respective inner (see 601, 701) and outer side walls (see 5 for the first burner body; the second burner body outer side wall is not labeled but can be clearly seen in at least Figs. 1 & 6) forming respective mixing chambers, wherein the plurality of first flame ports (16) and the plurality of second flame ports (17) are formed as respective inner side walls (see again Figs. 1 & 6);
wherein the first burner body comprises a first mixing throat (23) fluidly coupled to the first mixing chamber, and wherein the second burner body comprises a second mixing throat (24) fluidly coupled to the second mixing chamber, wherein the first and second mixing throats extend along the axial direction (see at least Fig. 3).
Regarding Claim 12, ZHU discloses a cooktop appliance, comprising:
a top panel (2);
a gas burner assembly positioned at the top panel, the gas burner assembly comprising;
a first burner body (see 6) comprising a first inner side wall (see 601) and a first outer side wall (see 5), wherein a plurality of first flame ports (16) is distributed through the first inner side wall along a circumferential direction about a first central combustion zone (see 21) radially inward of the plurality of first flame ports, wherein the first burner body comprises a first mixing chamber (see 18) positioned between the first inner side wall and the first outer side wall, the first mixing chamber fluidly coupled to the plurality of first flame ports (16) to distribute a first flow of fuel therethrough;
a second burner body (see 7) comprising a second inner side wall (see 701) and a second outer side wall (the second burner body outer side wall is not labeled but can be clearly seen in at least Figs. 1 & 6), wherein a plurality of second flame ports (17) is distributed through the second inner side wall along the circumferential direction about a second central combustion zone (20) radially inward of the plurality of second flame ports, wherein the second burner body comprises a second mixing chamber (see 19) positioned between the second inner side wall and the second outer side wall, the second mixing chamber fluidly coupled to the plurality of second flame ports (17) to distribute a second flow of fuel therethrough,
wherein the second burner body is positioned radially inward of the first burner body (see at least Figs. 1 & 6), and wherein the plurality of second flame ports (17) is positioned along an axial direction below the plurality of first flame ports (16; see Fig. 6).
Regarding Claims 13-15 and 17-18, ZHU discloses the claimed limitations. The claimed limitations are duplicates of the limitations of Claims 2-4 and 6-7 which have already been addressed above.
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.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU.
Regarding Claims 5 and 16, ZHU discloses wherein the plurality of second flame ports (17) comprises a reference second height below a reference first height of the plurality of first flame ports (16).
ZHU does not explicitly disclose wherein a height separation difference between the first height and the second height is at least approximately twelve millimeters.
Nonetheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify ZHU wherein a height separation difference between the first height and the second height is at least approximately twelve millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art (i.e., a height separation difference between the first height and the second height), discovering the optimum or workable ranges (e.g., in the present case approximately twelve millimeters) involves only routine skill in the art. See MPEP 2144.05(I).
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of CN 200972114 Y (hereinafter “TAN”).
Regarding Claims 8 and 19, ZHU does not disclose wherein the plurality of first flame ports and the plurality of second flame ports comprise a swirl component directionally similar to one another.
TAN teaches a gas burner assembly wherein the plurality of first flame ports (90; see burner body 3) and the plurality of second flame ports (also 90; see burner body 4) comprise a swirl component (i.e., angle B) directionally similar to one another.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify ZHU wherein the plurality of first flame ports and the plurality of second flame ports comprise a swirl component directionally similar to one another as taught and/or suggested by TAN, since such a modification would create a cooperative and synergistic vortex or spinning flow pattern emanating from each burner body which would enhance secondary air mixing and combustion which by extension would produce a more thorough combustion process, avoid incomplete combustion and would thus lower or minimize the production of environmentally harmful combustion byproducts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
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