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 Objections
Claim 4 recites “Th fire pit of claim 2,” which should be -The fire pit of claim 2,-. Appropriate correction is required.
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, 5-7, and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrington (US 20200096199 A1), hereinafter Harrington.
Regarding claim 1, Harrington discloses the fire pit comprising:
an upper portion having an inner chamber wall defining a combustion chamber (“The fire pit 500 comprises an inner chamber wall 104 defining an inner chamber 102” paragraph [0035]) with a fuel grate retained therein (“A fuel grate 502 is supported within the inner chamber 102 that is located medially between a top and bottom of the inner chamber wall 104, though in some embodiments it is nearer the bottom” paragraph [0035]); and
a lower portion having a base member defining an ash receptacle (“the inner chamber 102, and the components defining those parts, may sit atop or affix to a base 530. The base 530 may support the intake chamber 514 and inner chamber 102 above the ground and provide ash handling capabilities” paragraph [0045] emphasis added);
wherein the upper and lower portions separably mate together such that ash falling through the fuel grate is received in the ash receptacle when the upper and lower portions are fitted together (“The base 530 may comprise a floor 532 affixed to a surrounding outer wall 534. Over the floor 532 and below the fuel support grate 502 a funnel 536 may be provided with a central opening 538. The funnel 536 urges ash and debris from combustion toward the center of the floor 532” paragraph [0045]).
PNG
media_image1.png
772
494
media_image1.png
Greyscale
PNG
media_image2.png
612
512
media_image2.png
Greyscale
Regarding claim 2, Harrington discloses the fire pit of claim 1, wherein the fuel grate comprises a central conic portion (“a center deflector 504 that sits over the inner area 526 of the fuel support. The deflector 504 may be in configured as a cone” paragraph [0038]).
Regarding claim 3, Harrington discloses the fire pit of claim 2, wherein the central conic portion is surrounded by a flat surround (“The fuel grate 502 may be planar, generally planar, or flat” paragraph [0036]).
Regarding claim 5, Harrington discloses the fire pit of claim 1, wherein the lower portion comprises a floor inside a funnel section defining the ash receptacle (“The base 530 may comprise a floor 532 affixed to a surrounding outer wall 534. Over the floor 532 and below the fuel support grate 502 a funnel 536 may be provided with a central opening 538. The funnel 536 urges ash and debris from combustion toward the center of the floor 532” paragraph [0045]).
Regarding claim 6, Harrington discloses the fire pit of claim 5, wherein:
the inner wall is frustoconical (“The inner chamber wall 102 may be frustoconical in shape, and narrower at the top than the bottom” paragraph [0040]); and
a circumference of an upper end of the funnel section is equal to a circumference of a lower end of the inner wall (Figure 9).
Regarding claim 7, Harrington discloses the fire pit of claim 6, wherein the lower portion comprises a support surface affixed to the upper end of the funnel section, the support surface supporting the inner wall when the upper portion is mated to the lower portion (“the inner chamber 102, and the components defining those parts, may sit atop or affix to a base 530. The base 530 may support the intake chamber 514 and inner chamber 102” paragraph [0045] emphasis added).
Regarding claim 10, Harrington discloses the fire pit of claim 1, further comprising an outer chamber wall spaced apart from and circumscribing the inner chamber wall to define an airflow space (“intake chamber 514 may be bounded on the outside by an outer wall 510” paragraph [0042]).
Regarding claim 11, Harrington discloses the fire pit of claim 10, wherein the inner chamber wall defines a first plurality of apertures below a level of the fuel grate (“Some air from the intake chamber 514 (particularly from spaces between some of the lower of the slats 516) is drawn through primary air intake apertures 508 and to and through the fuel grate 502” paragraph [0049]) and a second plurality of apertures proximate an upper end of the inner chamber wall (“Nearer the top of the inner chamber wall (in some embodiments, just below a top edge) are the apertures 122, which serve here as secondary air intakes” paragraph [0040]).
Regarding claim 12, Harrington discloses the fire pit of claim 11, further comprising a top ring interposing the inner chamber wall and the outer chamber wall above the first plurality of apertures (“the outer wall 510 may provide a wall frame 518 having a top ring 520. This may serve as a point to which the top panel 512 affixes to span the space between the outer wall 510 and the inner chamber wall 104” paragraph [0048]).
Regarding claim 13, Harrington discloses the fire pit of claim 12, further comprising a rim at a top of the inner chamber wall above the top ring (“A chamber top ring 515 may join the top panel 512 to the top of the inner chamber wall 104” paragraph [0048]).
Regarding claim 14, Harrington discloses the fire pit of claim 12, further comprising a plurality of handles on the outer chamber wall (“the outer wall 510 may have a slatted configuration. The outer wall 510 may comprise a number of spaced apart slats 510. Spacing between the slats 510 may vary but in some embodiments spacing between each set of adjacent slats 516 is the same or substantially the same” paragraph [0043] and “In further embodiments, the outer wall 510 may be a solid component that has had openings (vertical or horizontal) cast into it (or milled, cut, or punched therefrom” paragraph [0044]. The examiner notes that the applicant’s specification states “In some embodiments, handles 644 comprise openings 646 formed in outer wall 640.” Therefore, the openings disclosed by Harrington may be considered handles in accordance with the applicant’s specification).
Regarding claim 15, Harrington discloses the fire pit of claim 14 wherein openings in the outer chamber wall defines the plurality of handles (“the outer wall 510 may have a slatted configuration. The outer wall 510 may comprise a number of spaced apart slats 510. Spacing between the slats 510 may vary but in some embodiments spacing between each set of adjacent slats 516 is the same or substantially the same” paragraph [0043] and “In further embodiments, the outer wall 510 may be a solid component that has had openings (vertical or horizontal) cast into it (or milled, cut, or punched therefrom” paragraph [0044]).
Regarding claim 16, Harrington discloses a fire pit comprising:
an upper portion including an inner chamber wall defining a combustion chamber (“The fire pit 500 comprises an inner chamber wall 104 defining an inner chamber 102” paragraph [0035]) and an outer chamber wall spaced apart from the inner chamber wall to define an air flow space between the inner chamber wall and outer chamber wall (“intake chamber 514 may be bounded on the outside by an outer wall 510” paragraph [0042]);
a first plurality of apertures defined in the inner chamber wall proximate a top thereof (“Nearer the top of the inner chamber wall (in some embodiments, just below a top edge) are the apertures 122, which serve here as secondary air intakes” paragraph [0040]);
a second plurality of apertures defined in the inner chamber wall below a fuel grate contained therein (“Some air from the intake chamber 514 (particularly from spaces between some of the lower of the slats 516) is drawn through primary air intake apertures 508 and to and through the fuel grate 502” paragraph [0049]);
a lower portion having a lower base member that supports the upper portion when the upper portion is fitted to the lower portion (“the inner chamber 102, and the components defining those parts, may sit atop or affix to a base 530. The base 530 may support the intake chamber 514 and inner chamber 102” paragraph [0045] emphasis added); and
an ash receptacle defined by the lower base member that receives ashes that fall through the fuel grate (“The base 530 may comprise a floor 532 affixed to a surrounding outer wall 534. Over the floor 532 and below the fuel support grate 502 a funnel 536 may be provided with a central opening 538. The funnel 536 urges ash and debris from combustion toward the center of the floor 532” paragraph [0045]).
Regarding claim 17, Harrington discloses the fire pit of claim 16, wherein the lower base member comprises a floor surrounded by a funnel section directing ashes toward the floor (“The base 530 may comprise a floor 532 affixed to a surrounding outer wall 534. Over the floor 532 and below the fuel support grate 502 a funnel 536 may be provided with a central opening 538. The funnel 536 urges ash and debris from combustion toward the center of the floor 532” paragraph [0045]).
Regarding claim 18, Harrington discloses the fire pit of claim 17, further comprising a support surface surrounding the funnel section, the support surface supporting the upper portion when the upper portion is fitted to the lower portion (“the inner chamber 102, and the components defining those parts, may sit atop or affix to a base 530. The base 530 may support the intake chamber 514 and inner chamber 102” paragraph [0045] emphasis added).
Regarding claim 19, Harrington discloses a fire pit comprising:
an inner chamber wall defining a combustion chamber (“The fire pit 500 comprises an inner chamber wall 104 defining an inner chamber 102” paragraph [0035]), the inner chamber wall defining a first plurality of air apertures proximate an upper end thereof (in some embodiments, just below a top edge) are the apertures 122, which serve here as secondary air intakes” paragraph [0040]) and a second plurality of air apertures proximate a lower end thereof (“Some air from the intake chamber 514 (particularly from spaces between some of the lower of the slats 516) is drawn through primary air intake apertures 508 and to and through the fuel grate 502” paragraph [0049]);
a fuel grate supported in the inner chamber wall at a level between the first plurality of apertures and the second plurality of apertures (“A fuel grate 502 is supported within the inner chamber 102 that is located medially between a top and bottom of the inner chamber wall 104, though in some embodiments it is nearer the bottom” paragraph [0035]); and
a base member having a supporting surface that supports the inner chamber wall and defining an ash receptacle below the fuel grate (“the inner chamber 102, and the components defining those parts, may sit atop or affix to a base 530. The base 530 may support the intake chamber 514 and inner chamber 102 above the ground and provide ash handling capabilities” paragraph [0045] emphasis added);
wherein the fuel grate defines a conic portion that is elevated toward a center thereof (“a center deflector 504 that sits over the inner area 526 of the fuel support. The deflector 504 may be in configured as a cone” paragraph [0038]).
Regarding claim 20, Harrington discloses the fire pit of claim 19, further comprising:
an outer chamber wall (“an outer wall 510” paragraph [0042]) spaced apart from the inner chamber wall by a plurality of wall supports interposing the outer chamber wall and inner chamber wall (“one or more support members 522” paragraph [0044]);
wherein the outer chamber wall defines a plurality of handle openings (“the outer wall 510 may have a slatted configuration. The outer wall 510 may comprise a number of spaced apart slats 510. Spacing between the slats 510 may vary but in some embodiments spacing between each set of adjacent slats 516 is the same or substantially the same” paragraph [0043] and “In further embodiments, the outer wall 510 may be a solid component that has had openings (vertical or horizontal) cast into it (or milled, cut, or punched therefrom” paragraph [0044]. The examiner notes that the applicant’s specification states “In some embodiments, handles 644 comprise openings 646 formed in outer wall 640.” Therefore, the openings disclosed by Harrington may be considered handles in accordance with the applicant’s specification).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Harrington, in view of Keown (US 2346586 A), hereinafter Keown.
Regarding claim 4, Harrington discloses the fire pit of claim 2, wherein the central conic portion comprises a panel (Conical panel 504).
Harrington does not disclose wherein the central portion is perforated.
However, Keown teaches wherein the central portion is perforated (“air admission apertures 19” page 2, column 1, line 16).
PNG
media_image3.png
260
474
media_image3.png
Greyscale
PNG
media_image4.png
512
476
media_image4.png
Greyscale
In view of Keown’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 central portion is perforated as is taught in Keown, in the fire pit disclosed by Harrington because Keown states “The combustion body as shown, is placed in the exact center of the grate and thus it will be readily apparent that when fuel is thrown in on the grate, it will pile up and be evenly distributed around the center and an ample supply of air will be furnished to the interior of the mass of fuel which will bring about the more nearly complete combustion thereof with the elimination of clinkers and the development of dangerous gases which are the result of incomplete, combustion” (page 2, column 1, line 30). Therefore, including the perforations as taught by Keown will bring about more complete combustion and eliminate dangerous gases in Harrington.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Harrington, in view of Jones (US 1465442 A), hereinafter Jones.
Regarding claim 8, Harrington discloses the fire pit of claim 7.
Harrington does not disclose wherein the lower portion comprises a base wall affixed to the support surface and circumscribing the lower end of the inner wall when the upper portion is mated to the lower portion.
However, Jones teaches wherein the lower portion comprises a base wall affixed to the support surface and circumscribing the lower end of the inner wall when the upper portion is mated to the lower portion (See annotated figure).
PNG
media_image5.png
466
600
media_image5.png
Greyscale
In view of the teachings Jones, 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 lower portion comprises a base wall affixed to the support surface and circumscribing the lower end of the inner wall when the upper portion is mated to the lower portion as is taught in Jones, in the fire pit disclosed by Harrington because the wall provides more contact area between the base and inner wall, and therefore provides additional support and connection.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Harrington, in view of Jones, and further in view of Schwaikert (US 4485923 A), hereinafter Schwaikert.
Regarding claim 9, Harrington, as modified by Jones, discloses the fire pit of claim 8.
Harrington, as modified by Jones, does not disclose a spacer interposing the lower end of the inner wall and the base wall when the upper portion is mated to the lower portion.
However, Schwaikert teaches a spacer (44) interposing the lower end of the inner wall (62) and the base wall (22) when the upper portion is mated to the lower portion (“62 is of sufficient dimensions and proper location so as to snugly friction interlock with the inner periphery of rim 44” column 4, line 12).
PNG
media_image6.png
626
506
media_image6.png
Greyscale
In view of Schwaikert’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 a spacer interposing the lower end of the inner wall and the base wall when the upper portion is mated to the lower portion as is taught in Schwaikert, in the fire pit as presently modified because Schwaikert states “In such configuration, the containers 10, 10' may be tilted at a substantial angle from vertical without separating the coupled containers 10, 10'” (column 4, line 17). Therefore, including the spacer will provide a friction fit to avoid separation if tipped.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hunt (US 0043155 A)
PNG
media_image7.png
392
256
media_image7.png
Greyscale
Bonnet (US 0564864 A)
PNG
media_image8.png
196
490
media_image8.png
Greyscale
Moon (US 0560274 A)
PNG
media_image9.png
542
266
media_image9.png
Greyscale
Harrington (US 20210048188 A1) is similar to the Harrington reference relied upon above
Walters (US 20160135645 A1)
PNG
media_image10.png
704
456
media_image10.png
Greyscale
Weilert (US 20240068658 A1)
PNG
media_image11.png
690
508
media_image11.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LOGAN P JONES/Examiner, Art Unit 3762
Prosecution Insights