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 .
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.
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) 1, 2, 4, 5, 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bangalore et al [20230109646], further in view of Sui [5421271].
With respect to claim 1, Bangalore discloses: A firepit comprising: a base (12) defining an interior and an open top, a top that is mountable to the base, the top is configured to fit over the open top of the base [see FIG 5], a firepan (30) positioned on the top, the firepan configured to hold heat conducting media (36), the firepan rotatable with the top and relative to the base, and a gas ring positioned within the firepan [see FIG 2], the gas ring including a connection for receiving a gas line that may be connected to a gas source [paragraph 0041].
Bangalore further shows:
{cl. 4} The firepit of claim 1, wherein the firepan (30) is annular in shape and contains the heat conducting media, which may further include stone or rocks (36) [see FIG 2].
{cl. 5} The firepit of claim 4, wherein the heat conducting media (36) is positioned on top of the gas ring [see FIG 1, paragraph 0038, 0040].
{cl .12} The firepit of claim 1, wherein the base interior contains the gas source (60) [paragraph 0042].
Bangalore does not show the burner moveable with the cover as claimed.
Sui makes up for these deficiencies by teaching:
{cl. 1, cont’d} the top (5) is rotatable relative to the open top to allow access to the interior of the base, the gas ring (6) rotatable with the top and relative to the base [see FIGs 8A-8C, col 2, line 58-col 3, line 26].
Sui further shows:
{cl. 2} The firepit of claim 1, wherein the top is a cover (5) for the base and may define a downwardly extending annular wall [see FIG 6].
The modification would involve attaching the annular burner as shown by Bangalore to the lid (5) in a similar manner as the receptacle taught by Sui.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Bangalore with the teachings of Sui because Sui provides an arrangement that allows access to an interior of the device for maintenance or storage.
With respect to claim 17, Bangalore discloses: A portable firepit comprising: a molded base (12) defining an interior and an open top, the interior sized to contain a gas source (60), a top that is mountable to the base, the top is configured to fit over the open top of the molded base [see FIG 5], a tray (30) positioned on the top, the tray configured to hold heat conducting media (36), the tray movable with the top and relative to the molded base, and a gas ring positioned within the tray and connected to a gas line that may be connected to the gas source [paragraph 0038-0041].
Regarding claims 1 and 17, the use of molded is considered a product by process limitation, and does not hold patentable weight. As for the movable limitation, in its broadest sense the tray (30) or burner is moveable relative to other components at least in the sense of manufacturing.
Bangalore does not show the burner moveable with the cover as claimed.
Sui makes up for these deficiencies by teaching:
{cl. 17, cont’d} the top (5) is movable relative to the open top to allow access to the interior of the molded base, the gas ring (6) movable with the top and relative to the molded base [see FIGs 8A-8C, col 2, line 58-col 3, line 26].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Bangalore with the teachings of Sui because Sui provides an arrangement that allows access to an interior of the device for maintenance or storage.
Allowable Subject Matter
Claims 3, 6-11, 13-16 and 18-20 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. The inventive concept deals with the burner and lid configuration, and the further details of the feature are not found in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
5/29/2026
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