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 Objections
Claim 1 is objected to because of the following informalities: the clause “a first side panel having a first design, the first side panel having the first design being at least one on the plurality of side panels” appears to have a grammatical error and should be amended as follows: “a first side panel having a first design, the first side panel having the first design being at least one [[on]] of the plurality of side panels”. Appropriate correction is required.
Claim 1 is also objected to because of the following informalities: the clause “a second side panel having a second design, the second side panel having the second design being at least one on the plurality of side panels” appears to have a grammatical error and should be amended as follows: “a second side panel having a second design, the second side panel having the second design being at least one [[on]] of the plurality of side panels”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the clause “wherein in the assembled position, the second side panel extension i is secured to the base via placement of the second side panel extension in a second base opening of the plurality of base openings to create the second boundary edge of the fire housing area.” appears to have a grammatical error and should be amended as follows: “wherein in the assembled position, the second side panel extension [[i]] is secured to the base via placement of the second side panel extension in a second base opening of the plurality of base openings to create the second boundary edge of the fire housing area.” Appropriate correction is required.
Claim 14 is objected to because of the following informalities: the last line of the claim reads “panel at to define a base interior.” The word “at” appears to be a grammatical/typographical error. The last line of the claim should be amended as follows: “panel [[at]] to define a base interior.” Appropriate correction is required.
Claim 19 is objected to because of the following informalities: the claim appears to have a grammatical error and should be amended in one of the following two ways: “wherein the base is a ground surface, the first side panel extension and the second side panel extension Appropriate correction is required.
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) 1-2, 5 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2013200048 A (hereinafter “NAKASHITA”).
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Regarding Claims 1-2 and 5, NAKASHITA discloses a fire pit assembly comprising: a plurality of side panels (see 30) operable to join with one another to create the fire pit assembly (1); a first side panel (31) having a first design, the first side panel having the first design being at least one on the plurality of side panels; a second side panel (37) having a second design, the second side panel having the second design being at least one on the plurality of side panels; a first gap (33a) on the first side panel, the first gap located near a first side panel end, the first gap separating the first side panel between a first side panel extension and a first side panel remainder; a second gap (33b) on the second side panel, the second gap located near a second side panel end, the second gap separating the second side panel between a second side panel extension and a second side panel remainder; a disassembled position of the fire pit assembly, wherein the disassembled position is achieved when the plurality of side panels are not coupled or attached with one another (see the provided English translation: “FIG. 8 shows the stowed state of the furnace 1 according to the present embodiment. It is desirable that the base box 20 becomes a storage container, and the other components such as the gotok 60, the leveling plate 70, the outer plate 31 are stored therein. Then, by covering the case lid 10 in the reverse direction, the whole can be compactly packed into the size of the lunch box. Although not shown in the drawing, it can be transported by being squeezed with a belt or put in a bag, or a lock mechanism (not shown) can be provided on the case lid 10 to fix the lid.”); and an assembled position of the fire pit assembly creating a fire housing area, the fire housing area defined by coupling or attaching the plurality of side panels with one another, wherein the first gap of the at least one first side panel retains the second side panel and the second gap of the at least one second side panel retains the first side panel to couple or attach the first side panel to the second side panel in the assembled position (see at least Figs. 1 & 6); further comprising: a first side panel extension (34) on the first side panel having the first design; a second side panel extension (39) on the second side panel having the second design; and a base (10, 20), wherein in the assembled position, the first side panel extension of the first side panel is received by the base to create a first boundary edge of the fire housing area, and the second side panel extension of the second side panel is received by the base to create a second boundary edge of the fire housing area (see at least Figs. 1 and 5-6); wherein the disassembled position of the fire pit assembly may be a storage position, the plurality of side panels being in the storage position are contained within a storage apparatus (see the provided English translation: “FIG. 8 shows the stowed state of the furnace 1 according to the present embodiment. It is desirable that the base box 20 becomes a storage container, and the other components such as the gotok 60, the leveling plate 70, the outer plate 31 are stored therein. Then, by covering the case lid 10 in the reverse direction, the whole can be compactly packed into the size of the lunch box. Although not shown in the drawing, it can be transported by being squeezed with a belt or put in a bag, or a lock mechanism (not shown) can be provided on the case lid 10 to fix the lid.”).
Regarding Claims 17 and 18, NAKASHITA discloses a method for assembling a portable fire pit (1), the method comprising: selecting a plurality of side panels (30) for assembly of the portable fire pit, the plurality of side panels including at least one first side panel (31) having the first design and at least one second side panel (37) having the second design; beginning assembly by selecting a first side panel having a first design, the first side panel having a first side panel gap (33a) and a first side panel extension (34); placing the first side panel at a first location, the first location being the location for assembly of the portable fire pit; selecting a second side panel having a second design, the second side panel having a second side panel gap (33b) and a second side panel extension (39); lifting the second side panel above the first side panel at the first location (see Fig. 6); aligning the first side panel gap of the first side panel with the second side panel gap of the second side panel while the second side panel is positioned above the first side panel (see Fig. 6); lowering the second side panel onto the first side panel at the first location, wherein lowering the second side panel onto the first side panel couples the first side panel via the first side panel gap to the second side panel and couples the second side panel via the second side panel gap to the first side panel (see Figs. 1 & 6); securing the coupled first side panel and the second side panel to a base (10, 20) via the first side panel extension and the second side panel extension; and coupling any remaining panels of the plurality of side panels to either the first side panel or the second side panel to finish assembly of the portable fire pit (see Fig. 1); and secure any additional panel extensions of the plurality of side panels to the base at the first location (see Figs. 1 and 5-6); wherein the coupling step includes, selecting a third side panel (37) having the second design, the third side panel having a third side panel gap (33b) and a third side panel extension (39); lifting the third side panel above the first side panel at the first location (see Fig. 6); aligning a second first side panel gap of the first side panel with the third side panel gap of the third side panel while the third side panel is positioned above the first side panel (see Fig. 6); lowering the third side panel onto the first side panel at the first location, wherein lowering the third side panel onto the first side panel couples the first side panel via the second first side panel gap to the third side panel and couples the third side panel via the third side panel gap to the first side panel (see Fig. 6); securing the coupled third side panel to the base via a third side panel extension (39); and coupling any remaining panels of the plurality of side panels to either the second side panel or the third side panel to finish assembly of the portable fire pit and secure any additional panel extensions of the plurality of side panels to the base at the first location (see Figs. 1 and 5-6).
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160309662 A1 (hereinafter “GREEN”).
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Regarding Claims 1-3, GREEN discloses a fire pit assembly (10) comprising: a plurality of side panels (12, 22) operable to join with one another to create the fire pit assembly; a first side panel (12) having a first design, the first side panel having the first design being at least one on the plurality of side panels; a second side panel (22) having a second design, the second side panel having the second design being at least one on the plurality of side panels; a first gap (18) on the first side panel, the first gap located near a first side panel end, the first gap separating the first side panel between a first side panel extension (indicated in annotated Fig. 2 above) and a first side panel remainder; a second gap (28) on the second side panel, the second gap located near a second side panel end, the second gap separating the second side panel between a second side panel extension (indicated in annotated Fig. 2 above) and a second side panel remainder; a disassembled position of the fire pit assembly, wherein the disassembled position is achieved when the plurality of side panels are not coupled or attached with one another (see Fig. 2); and an assembled position of the fire pit assembly creating a fire housing area, the fire housing area defined by coupling or attaching the plurality of side panels with one another, wherein the first gap of the at least one first side panel retains the second side panel and the second gap of the at least one second side panel retains the first side panel to couple or attach the first side panel to the second side panel in the assembled position (see Fig. 1); further comprising: a first side panel extension on the first side panel having the first design (see annotated Fig. 2 above); a second side panel extension on the second side panel having the second design (see annotated Fig. 2 above); and a base (i.e., the ground), wherein in the assembled position, the first side panel extension of the first side panel is received by the base to create a first boundary edge of the fire housing area, and the second side panel extension of the second side panel is received by the base to create a second boundary edge of the fire housing area; wherein the base is a ground surface, and wherein the first side panel extension and the second side panel extension are secured upon or into the ground surface to create the first boundary edge and the second boundary edge of the fire housing area in the assembled position (the fire pit assembly (10) of GREEN can be placed on the ground).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over NAKASHITA in view of GREEN.
Regarding Claims 6-7, NAKASHITA does not disclose wherein either the first side panel or the second side panel has an opening, the opening being a handhold opening graspable to move the plurality of side panels of the fire pit assembly in the assembled position or during assembly of the plurality of side panels into the assembled position; wherein, the assembled position of the fire pit assembly via the plurality of side panels creates the fire housing area at a first location; and wherein grasping at least one opening present on either first side panel or the second side panel of the fire pit assembly in the assembled position allows for relocation of the fire housing area to a second location.
GREEN teaches a fire pit assembly wherein either the first side panel (12) or the second side panel (22) has an opening (34; see also Fig. 6), the opening being a handhold opening graspable to move the plurality of side panels of the fire pit assembly in the assembled position or during assembly of the plurality of side panels into the assembled position (see para. [0021]: “At least one pair of the two side panels 12 and the two end panels 22 may include an opening or slot 34 adjacent the side top 14 or end top 24, respectively. The openings 34 define gripping handles for the four-sided construction.”); wherein, the assembled position of the fire pit assembly via the plurality of side panels creates the fire housing area at a first location (see Fig. 6; see also para. [0023]: “Without using the top panel, the product is suitable for use as a planter or fire pit (see FIG. 6), a container (such as for magazines) and the like.”); and wherein grasping at least one opening present on either first side panel or the second side panel of the fire pit assembly in the assembled position allows for relocation of the fire housing area to a second location (see para. [0021]: “At least one pair of the two side panels 12 and the two end panels 22 may include an opening or slot 34 adjacent the side top 14 or end top 24, respectively. The openings 34 define gripping handles for the four-sided construction.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein either the first side panel or the second side panel has an opening, the opening being a handhold opening graspable to move the plurality of side panels of the fire pit assembly in the assembled position or during assembly of the plurality of side panels into the assembled position; wherein, the assembled position of the fire pit assembly via the plurality of side panels creates the fire housing area at a first location; and wherein grasping at least one opening present on either first side panel or the second side panel of the fire pit assembly in the assembled position allows for relocation of the fire housing area to a second location as taught and/or suggested by GREEN, since such a modification would provide a dedicated means by which a user can easily grasp or grip said fire pit assembly in order to facilitate positioning and/or repositioning of said fire pit assembly.
Regarding Claim 19, NAKASHITA does not disclose wherein the base is a ground surface, the first side panel extension and the second side panel extension being are secured into the ground surface.
GREEN teaches a fire pit assembly wherein the base is a ground surface (GREEN’s fire pit assembly is intended to be placed on, or capable of being placed on, a ground surface), the first side panel extension (indicated in annotated Fig. 2 above) and the second side panel extension (indicated in annotated Fig. 2 above) being are secured into the ground surface.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein the base is a ground surface, the first side panel extension and the second side panel extension being are secured into the ground surface as taught and/or suggested by GREEN, since such a modification would simply provide a simpler alternative means of using said fire pit assembly wherein said plurality of side panels are placed directly in contact with a ground surface.
Claims 4, 9, 11-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over NAKASHITA in view of US 4211206 A (hereinafter “DARBO”).
Regarding Claim 4, NAKASHITA further discloses wherein, the base (10, 20) has a top base panel (20) and a plurality of base openings (22); wherein in the assembled position, the first side panel extension (34) is secured to the base via placement of the first side panel extension in a first base opening of the plurality of base openings to create the first boundary edge of the fire housing area.
NAKASHITA does not disclose wherein in the assembled position, the second side panel extension [[i]] is secured to the base via placement of the second side panel extension in a second base opening of the plurality of base openings to create the second boundary edge of the fire housing area.
DARBO teaches a fire pit assembly wherein in the assembled position, the second side panel extension (see 9/10) is secured to the base (1) via placement of the second side panel extension in a second base opening (see 13/14) of the plurality of base openings to create the second boundary edge of the fire housing area.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein in the assembled position, the second side panel extension [[i]] is secured to the base via placement of the second side panel extension in a second base opening of the plurality of base openings to create the second boundary edge of the fire housing area as taught and/or suggested by DARBO, since both references teach an arrangement of securing a plurality of side panels to a base, it would have been obvious to one skilled in the art to substitute one arrangement for the other to achieve the predictable result of securing said plurality of panels to a base.
Regarding Claim 9, NAKASHITA substantially discloses all of the claim limitations (see the discussion of NAKASHITA above) with the exception of the second side panel extension of the second side panel is received by a second base opening of the plurality of base openings.
DARBO teaches a fire pit assembly wherein the second side panel extension (see 9/10) of the second side panel (see either panel 2 or panel 3) is received by a second base opening (see 13/14) of the plurality of base openings.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein the second side panel extension of the second side panel is received by a second base opening of the plurality of base openings as taught and/or suggested by DARBO, since both references teach an arrangement of securing a plurality of side panels to a base, it would have been obvious to one skilled in the art to substitute one arrangement for the other to achieve the predictable result of securing said plurality of panels to a base.
Regarding Claims 11-15, NAKASHITA further discloses wherein the base (10/20) further comprises a plurality of air flow openings (23), the plurality of air flow openings located on and through the top base panel (20); wherein the plurality of air flow openings of the base includes at least one perimeter set having at least a portion of the plurality of air flow openings (at least two of the openings 23 are proximate a perimeter of said top base plate 20); wherein the plurality of air flow openings of the base includes at least one air flow region having at least a portion of the plurality of air flow openings (the air flow region defined by the openings 23); wherein the base further comprises: a bottom base panel (10) below the top base panel (20); and a plurality of base side walls (see 11) connecting the bottom base panel (10) and the top base panel (20) at to define a base interior; wherein at least one base side wall of the plurality of base side walls contains a plurality of base side wall air flow openings (12), the plurality of base side wall air flow openings and the plurality of air flow openings upon and through the top base panel directing air flow toward a fire housing area located upon the top base panel.
Regarding Claim 20, NAKASHITA further discloses wherein, the base (10, 20) has a top base panel (20) and a plurality of base openings (22), the plurality of base openings able to receive at least a portion of the plurality of side panels (31) placed upon the top base panel; the first side panel extension (34) is secured to the base by receiving the first side panel extension in a first base opening of the plurality of base openings.
NAKASHITA does not disclose the second side panel extension is secured to the base by receiving the second side panel extension in a second base opening of the plurality of base openings.
DARBO teaches a fire pit assembly wherein a second side panel extension (see 9/10) is secured to a base (1) by receiving the second side panel extension in a second base opening (see 13/14) of the plurality of base openings.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein the second side panel extension is secured to the base by receiving the second side panel extension in a second base opening of the plurality of base openings as taught and/or suggested by DARBO, since both references teach an arrangement of securing a plurality of side panels to a base, it would have been obvious to one skilled in the art to substitute one arrangement for the other to achieve the predictable result of securing said plurality of panels to a base.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over NAKASHITA in view of US 4971045 A (hereinafter “PROBST”).
Regarding Claim 8, NAKASHITA does not disclose wherein either first side panels having the first design or second side panels having the second design of the plurality of side panels contain a plurality of air flow openings, the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to the fire housing area.
PROBST teaches a fire pit assembly wherein either first side panels (14, 15) having the first design or second side panels (12, 13) having the second design of the plurality of side panels contain a plurality of air flow openings (16), the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to the fire housing area.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein either first side panels having the first design or second side panels having the second design of the plurality of side panels contain a plurality of air flow openings, the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to the fire housing area as taught and/or suggested by PROBST, since such a modification would provide an additional path for additional air to make its way to the fire housing area in order to ensure sufficient air for thorough combustion.
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over NAKASHITA in view of DARBO as applied to claim 9 above, and further in view of PROBST.
Regarding Claim 10, NAKASHITA in view of DARBO does not disclose wherein either first side panels having the first design or second side panels having the second design of the plurality of side panels contain a plurality of air flow openings, the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to a fire housing area located upon the top base panel of the base, the fire housing area being an interior region of the plurality of side panels of the fire pit assembly in the assembled position.
PROBST teaches a fire pit assembly wherein either first side panels (14, 15) having the first design or second side panels (12, 13) having the second design of the plurality of side panels contain a plurality of air flow openings (16), the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to a fire housing area located upon the top base panel of the base (the top base panel of the base is disclosed by NAKASHITA), the fire housing area being an interior region of the plurality of side panels of the fire pit assembly in the assembled position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NAKASHITA wherein either first side panels having the first design or second side panels having the second design of the plurality of side panels contain a plurality of air flow openings, the plurality of air flow openings positioned on either the first side panels or second side panels to provide directed air flow to a fire housing area located upon the top base panel of the base, the fire housing area being an interior region of the plurality of side panels of the fire pit assembly in the assembled position as taught and/or suggested by PROBST, since such a modification would provide an additional path for additional air to make its way to the fire housing area in order to ensure sufficient air for thorough combustion.
Regarding Claim 16, NAKASHITA in view of DARBO and PROBST discloses all of the claim limitations as is evident from the discussion of the references above. In the interest of brevity, the same or equivalent claim limitations already discussed above and the obviousness rationale for combining the references will not be repeated here.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
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