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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "112" and "130" have both been used to designate handle. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “129” has been used to designate both hinges and diffusion holes. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because in Figure 2, there are two element (124) indicating two different structures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-5, 8-11, 13-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt et al (6,470,876). Schmidt et al discloses a personal heater device (10, 300) including an ignition device (120) configured to generate a spark to ignite a fuel (column 10, lines 50-67); a combustion location (16) where ignited fuel burns in response to the spark; a battery receiving port (SEE Figure 12) configured to receive a battery (322); a controller (340); and a fan assembly (320) including a motor (not shown) electrically connected to the battery receiving port and controlled by the controller; a fan (321) coupled to an output shaft of the motor (not illustrated but is common knowledge in the art) (Figure 11); and a passageway (17) configured to route airflow generated by the fan to a location near the combustion location (SEE Figure 2). In re claim 2, Schmidt et al discloses that the personal heater device further comprises a diffuser (90) through which the fuel moves prior to reaching the combustion location (column 6, lines 13-21), and wherein the airflow generated by the fan passes by the
diffuser. In re claim 3, Schmidt et al discloses a hood (18) (Figure 5) disposed
adjacent to the diffuser, wherein the hood comprises a hood opening (unnumbered hole opening) in fluid communication with an outlet opening of the passageway, and wherein airflow passes from the passageway through the hood opening to enter a heating volume disposed between the hood and the diffuser before moving into a nearby environment (Figure 5) (column 6, lines 28-49). In re claim 4, Schmidt et al discloses a fuel tank (12) receiving area (SEE Figure 17) configured to removably receive a fuel tank storing the fuel, covering the fuel tank with any type of covering including a hinged door would have been within the level of ordinary skill in the art as a safety measure to protect the fuel tank and for allowing access to the fuel tank and is not considered novel. In re claim 5, Schmidt et al discloses that the personal heater device includes a body (310) defining a base surface, and wherein the base surface comprises a first base surface and a second base surface angularly offset from the first base surface by at least 10° (implicitly shown in Figure 10). In re clam 8, Schmidt et al discloses that the airflow enters the passageway from a rear side of the personal heater device and exits the personal heater device a front side located opposite the rear side (column 11, lines 53-67). In re claim 9, Schmidt et al discloses structure capable of carrying out the method of heating an environment of the applicants claimed invention including adjusting a regulator (30) of a personal heater device to permit flow of a fuel from a fuel tank coupled to the personal heater device to a combustion area (column 5, lines 7-13); igniting, with an ignition device (120), the fuel at the combustion area to create combustion (column 10, lines 50-67); activating a fan assembly (320) to drive airflow from an air inlet opening to a diffuser (90) defining the combustion area, wherein the fan assembly is powered by a removable battery (322) coupled to the personal heater device. In re claim 11, Schmidt et al further discloses that the airflow is driven through a heating volume disposed between a hood (18) and the diffuser (90), and wherein a controller (340) of the personal heater device is configured to regulate airflow through the heating volume based at least partially on a temperature as measured at the personal heater device (adjustable via a regulator 30, column 5, lines 7-13). In re claim 13, Schmidt et al discloses that adjustment of the regulator is performed manually (column 8, lines 21-31). In re claim 14, Schmidt et al discloses coupling the removable battery to a removable battery port of the personal
heater device (column 11, lines 37-45); fluidly connecting the fuel tank (12) to a conduit of the personal heater device, the conduit in fluid communication with the combustion area; and the personal heater device of Schmidt et al is capable of being moved to a desired area before igniting the fuel, wherein moving the personal heater device comprises carrying the personal heater device to the desired area (SEE Abstract, the personal heater is portable). In re claim 15, Schmidt et al a personal heater device (10, 300) including a frame (Figure 10); a hydrocarbon fuel source removably coupled to the frame (column 4, lines 56-62) and selectively ignitable by an ignition device (120) (column 10, lines 50-67); and a fan (321) driven by a motor (common knowledge in the art) receiving power from a removable battery (322) electrically coupled to a removable battery port of the personal heater device (Figure 12), wherein the fan drives airflow across a location adjacent to the ignited hydrocarbon fuel source to heat the airflow and move the airflow into a nearby environment (SEE column 11, lines 53-67). In re claim 16, Schmidt et al discloses that the hydrocarbon fuel source comprises a fuel tank (12) storing a hydrocarbon fuel, and wherein the fuel tank is removable from the personal heater device (canister 12 is removable, SEE Figure 17). In re claim 18, Schmidt et al discloses that the personal heater device further comprises a body (310) defining a base surface, and wherein the base surface comprises a first base surface and a second base surface angularly offset from the first base surface by at least 10° (implicitly shown in Figure 10). In re claim 19, Schmidt et al discloses that the personal heater device further comprises a diffuser (90) through which the fuel moves prior to reaching a combustion location, and wherein the airflow passes by an outer sidewall of the diffuser (SEE column 6, lines 13-21). In re claim 20, a person of ordinary skill in the art would recognize that the personal heater device of Schmidt et al would weigh less than 75 pounds in order to maintain its portability.
Claim(s) 1, 5, 8, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (2006/0283440). Lin discloses a personal heater device (10) including an ignition device (16) configured to generate a spark to ignite a fuel; a combustion location (14) where ignited fuel burns in response to the spark; a battery receiving port (interpreted as the area inside 103) configured to receive a battery (11); a controller (21); and a fan assembly (13) including a motor (inherent, as evidenced by Lin 6,983,550 in which a motor is attached to the fan by an output shaft as per Figure 3) electrically connected to the battery receiving port and controlled by the controller; a fan coupled to an output shaft of the motor; and a passageway (101) configured to route airflow generated by the fan to a location near the combustion location (SEE Figure 3). In re claim 5, Lin discloses that the personal heater device further comprises a body defining a base surface (interpreted as the outer base structure of curved element 103 as per Figure 5), wherein the base surface comprises a first base surface and a second base surface angularly offset from the first base surface by at least 10°. In re claim 8, Lin discloses that the airflow enters the passageway from a rear side of the personal heater device and exits the personal heater device a front side located opposite the rear side (illustrated by the flow arrows in Figure 3). In re claim 15, Lin discloses a personal heater device (10) including a frame (SEE Figure 5); a hydrocarbon fuel source (12) removably coupled to the frame and selectively ignitable by an ignition device (16); and
a fan (13) driven by a motor (common knowledge in the art as evidenced by Lin 6,983,550) receiving power from a removable battery (11) electrically coupled to a removable battery port of the personal heater device (Figure 3), wherein the fan drives airflow across a location adjacent to the ignited hydrocarbon fuel source to heat the airflow and move the airflow into a nearby environment (as evidenced by the flow arrows in Figure 3). In re claim 16, Lin discloses that the hydrocarbon fuel source
comprises a fuel tank (12) storing a hydrocarbon fuel, and wherein the fuel tank is
removable from the personal heater device (the fuel reservoir is replaceable within the handle 103). In re claim 18, Lin discloses that the personal heater device further comprises a body defining a base surface (interpreted as the outer base structure of curved element 103 as per Figure 5), wherein the base surface comprises a first base surface and a second base surface angularly offset from the first base surface by at least 10°. In re claim 20, a person of ordinary skill in the art would recognize that the personal heater device of Lin would weigh less than 75 pounds in order to maintain its portability.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al (6,470,876) in view of Lee, Jr. (8,146,583). Schmidt et al discloses the applicants primary inventive concept, as stated above, including a portable personal heater that burns fuel to make heat and also uses a battery-powered fan to move air through the heater, however Schmidt et al does not specifically disclose the use of a variable speed motor to power the fan. Lee, Jr. teaches the well known use of a variable speed motor for driving a fan in an air heater application. The variable speed motor operates in conjunction with a controller (50) to alter the output of the fan which can increase or lower the pressure of the air provided by the fan. It 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 subject matter pertains to have modified the portable personal heater of Schmidt et al by substituting the fan assembly with one driven by a variable speed motor as was known in the art and taught by Lee, Jr. and arrived at the applicants claimed invention for the purpose of controlling the mixing of fuel and air and thus having better control over the temperature of the air being produced by the personal heater.
Claim(s) 7 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al (6,470,876) in view of Vandrak et al (2017/0363326). Schmidt et al discloses a portable heater that is designed to be self-contained, so it does not need a wall outlet during use. It is intended to be lightweight and easy to move, including by a handle, however the handle as taught by Schmidt et al is formed by the joining of the left (311) and right halves (312) to form a lip portion (318) (SEE Figures 11, 12 & 17). The style of a portable heater having a handle rotatable between an in-use position and a stored position is not novel as evidenced by Vandrak et al in Figures 2 & 3 in which a portable heater includes a handle (260) which can rotate from an up and down position. It 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 subject matter pertains to have adapted the handle (260) of Vandrak et al into the external structure of Schmidt et al and arrived at the applicants claimed invention as a matter of design choice as a carrying component for transporting the heater.
Allowable Subject Matter
Claim 12 is 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A WILSON whose telephone number is (571)272-4882. The examiner can normally be reached M-F; 7:00am-4:30pm.
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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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/GREGORY A WILSON/Primary Examiner, Art Unit 3762 June 13, 2026
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