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 § 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.
Claim(s) 1, 3-5, 12,14-18, 21-23, 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buzinski et al [20140220499].
With respect to claim 1, Buzinski discloses: An ignitor for lighting industrial fired equipment, the ignitor comprising: a main body (10) having a first body portion (41) having a first length and a second body portion (28) having a second length, the first body portion being movable in a longitudinal direction relative to the second body portion so as to extend or retract to a target operating length of a plurality of operating lengths, thereby to define an adjustable main body [see FIGs 1A-1B]; a flow path (22) extending through the adjustable main body [paragraph 0045]; a fluid outlet (at 30) positioned at a distal end of the flow path [paragraph 0033]; a fluid inlet (24) positioned at a proximal end of the flow path, the fluid inlet configured to receive and direct a fuel flow through the flow path and to the fluid outlet [paragraph 0033]; and a sparking assembly (42) connected to the adjustable main body proximate the fluid outlet (at 50) to provide an ignition spark to the fuel flow when passing through the flow path, thereby to facilitate lighting industrial fired equipment via a fueled flame maintained proximate the fluid outlet [paragraph 0034-0035].
Buzinski further discloses:
{cl. 3} The ignitor of claim 1, wherein the flow path (22) comprises a conduit (20) disposed within and extending substantially the entire length of the first body portion and the second body portion [see FIG 1A].
{cl. 4} The ignitor of claim 3, further comprising a conduit retainer (92) coupled between a distal conduit end of the conduit and the adjustable main body proximate the fluid outlet to retain the distal conduit end in the adjustable main body during extension or retraction thereof [paragraph 0052-0052].
{cl. 5} The ignitor of claim 1, wherein the flow path comprises inner surfaces of the adjustable main body, and the ignitor further comprising one or more sealing components (62) disposed between the first body portion and the second body portion of the adjustable main body, thereby to provide fluid sealing of the inner surfaces of the flow path between the first body portion and the second body portion when the fuel flow passes therethrough [paragraph 0045-0047].
{cl. 12} The ignitor of claim 1, further comprising a fuel source connector (at 24) connected to and in fluid communication with the fluid inlet, thereby to connect a gas source to be in fluid communication with the fluid inlet, and wherein the gas source comprises a gas tank or an industrial gas supply when connected to the fuel source connector [see FIG 1A].
With respect to claim 14, Buzinski discloses: A method of using an ignitor to light industrial fired equipment, the method comprising: providing an ignitor (40) having a main body (10) including a first body portion (41) having a first length, a second body portion (28) having a second length, and a fuel flow path (22) extending through the main body [paragraph 0045]; moving the first body portion relative to the second body portion along a longitudinal axis so as to extend or retract the main body to a target operating length of a plurality of operating lengths [see FIGs 1A-1B]; igniting (via 42) a fuel flow proximate a fluid outlet (at 30) positioned at a distal end of the fuel flow path of the main body, thereby to ignite and maintain a fueled flame adjacent the distal end (at 24) of the fuel flow path; and directing the fueled flame to one or more of: (a) an unlit pilot burner, or (b) a main burner of an industrial fired equipment [paragraph 0033-0035. 0059].
Buzinski further discloses:
{cl. 15} The method of claim 14, wherein the igniting the fuel flow comprises activating an electrical sparking assembly coupled to the main body proximate the fluid outlet [paragraph 0048].
{cl. 16} The method of claim 14, wherein the moving the first body portion relative to the second body portion comprises sliding an outer surface of the first body portion into or out of an inner surface of the second body portion along the longitudinal axis [see FIGs 1A-1B].
{cl. 17} The method of claim 14, wherein the fuel flow path comprises a conduit (20) disposed within the main body, the conduit extending substantially the entire length of the first body portion and the second body portion, the ignitor further including a fuel coupler (at 24) connected to the main body and the conduit and configured to connect the fuel flow path to a fuel source [paragraph 0033].
{cl. 18} The method of claim 17, wherein extending or retracting the main body by a distance along the longitudinal axis causes a length of the conduit corresponding to the distance to recede into or protrude from the main body, respectively [see FIGs 1A-1B, abstract].
{cl. 21} The method of claim 14, wherein the fuel flow path (22) extending through the main body is open for fluid flow in each operating length of the plurality of operating lengths [see FIGs 1A-1B]
With respect to claim 22, Buzinski discloses: An ignitor system for lighting industrial fired equipment, the system comprising: industrial fired equipment including a fired heater having one or more of a pilot burner or a main burner [paragraph 0059]; an ignitor (40) having: a main body (10) having a first body portion (41) having a first length and a second body portion (28) having a second length, the first body portion being movable in a longitudinal direction relative to the second body portion so as to extend or retract to a target operating length of a plurality of operating lengths [see FIGs 1A-1B], thereby to define an adjustable main body, a flow path (22) extending through the adjustable main body, a fluid outlet (at 30) positioned at a distal end of the flow path, a fluid inlet (at 24) positioned at a proximal end of the flow path, the fluid inlet configured to receive and direct a fuel flow through the flow path and to the fluid outlet, and a sparking assembly (42) connected to the adjustable main body proximate the fluid outlet to provide an ignition spark to the fuel flow when passing through the flow path; and a fuel source connected to the ignitor [paragraph 0013], thereby to provide fuel to the fluid inlet of the ignitor so as to facilitate lighting of the fired heater of the industrial fired equipment via a fueled flame maintained proximate the fluid outlet [paragraph 0031-0035, 0045, 0059].
Buzinski further discloses:
{cl. 23} The ignitor system of claim 22, wherein the flow path of the ignitor comprises inner surfaces of the adjustable main body, and the ignitor further comprising one or more sealing components (62) disposed between the first body portion and the second body portion of the adjustable main body, thereby to provide fluid sealing of the inner surfaces of the flow path between the first body portion and the second body portion when the fuel flow passes therethrough [paragraph 0045-0047].
{cl. 29} The ignitor system of claim 22, wherein the fuel source comprises a gas source, the ignitor further comprises a fuel source connector (at 24) connected to and in fluid communication with the fluid inlet, thereby to connect the gas source to be in fluid communication with the fluid inlet, and wherein the gas source comprises a gas tank or an industrial gas supply [see FIG 1A].
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buzinski et al [20140220499], further in view of Browning [4342551].
With respect to claim 2, Buzinksi discloses the invention as substantially claimed, however does not show the use of the battery.
Browning makes up for these deficiencies by teaching:
{cl. 2} The ignitor of claim 1, wherein the sparking assembly comprises an electrical sparking assembly having a sparking tip and a battery (B) electrically coupled to the sparking tip [see FIG 1, col 5, line 42-col 6, line 20].
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 invention of Buzinski with the teachings of Browning because Browning provides a known arrangement that allows for controlled sparks for ignition.
Claim(s) 6-7, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buzinski et al [20140220499], further in view of Reese [6929466].
With respect to claims 6-7, Buzinski discloses the invention as substantially claimed, however does not disclose intermediate or telescoping members.
Reese makes up for these deficiencies by teaching:
{cl. 6} The ignitor of claim 1, wherein the adjustable main body (10) further has at least one intermediate body portion (28) positioned between the first body portion and the second body portion and having the flow path extending therethrough so that the flow path collectively extends through the first body portion, the intermediate body portion, and the second body portion [see FIG, abstract, col 3, line 66-cool 4, line 20].
{cl. 7} The ignitor of claim 1, further comprising one or more telescopic connectors connected to the first body portion and the second body portion, thereby to provide telescopic extension and retraction, so that the first body portion is movable relative to the second body portion based on the one or more telescopic connectors [see FIG, abstract, col 3, line 66-cool 4, line 20].
{cl .24} The ignitor system of claim 22, wherein the adjustable main body of the ignitor further has at least one intermediate body portion (28) positioned between the first body portion and the second body portion and having the flow path extending therethrough so that the flow path collectively extends through the first body portion, the intermediate body portion, and the second body portion [see FIG, abstract, col 3, line 66-cool 4, line 20].
{cl. 25} The ignitor system of claim 22, wherein the ignitor further comprises one or more telescopic connectors connected to the first body portion and the second body portion, thereby to provide telescopic extension and retraction, so that the first body portion is movable relative to the second body portion based on the one or more telescopic connectors [see FIG, abstract, col 3, line 66-cool 4, line 20].
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 invention of Buzinski with the teachings of Reese because Reese provides a known arrangement where telescoping members allow for the extension of a conduit and compact storage.
Claim(s) 10, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buzinski et al [20140220499], further in view of Joshi et al [5490775]
With respect to claim 10,
{cl. 10} The ignitor of claim 1, wherein a first one of the first body portion and the second body portion comprises internal threads (at 28 in FIG 3) having a larger inner diameter so as to threadedly engage with external threads of a second one of the first body portion and the second body portion having a smaller outer diameter of a size smaller than the larger inner diameter, thereby to enable threaded extension and retraction of the adjustable main body [see FIG 3, abstract].
{cl. 28} The ignitor system of claim 22, wherein a first one of the first body portion and the second body portion comprises internal threads having a larger inner diameter so as to threadedly engage with external threads (at 28 in FIG 3) of a second one of the first body portion and the second body portion having a smaller outer diameter of a size smaller than the larger inner diameter, thereby to enable threaded extension and retraction of the adjustable main body based on rotation along the internal threads and the external threads [see FIG 3, abstract].
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 invention of Buzinski with the teachings of Joshi because Joshi provides a known connection that will allow for stable flow for combustion.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buzinski et al [20140220499], further in view of Sutcu et al [20120279195].
With respect to claim 13, Buzinski discloses the invention as substantially claimed, however does not show the spring.
Sutcu makes up for these deficiencies by teaching:
{cl. 13} The ignitor of claim 1, further comprising a spring-biasing coupler (23) operatively coupled to the adjustable main body, thereby to facilitate extension or retraction of the adjustable main body [see FIG 2, paragraph 0020-0023].
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 invention of Buzinski with the teachings of Sutcu because Sutcu provides a known element that allows for biased connection in order to effectively extend a conduit.
Allowable Subject Matter
Claims 8-9, 11, 19-21, 26-27 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 limitations of the claims are not found in the prior art, or obvious over the applied art. The telescopic connections are differently claimed then what is shown 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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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
10/7/2026
