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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “suction means” and “adjustment means” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “suction” and/or “adjustment” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 11-13 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “the suction means 9 comprises a fan 17” and “the burner 1 comprises adjustment means 16 active on the first port and/or on the second port to adjust an inflow of comburent through the first port 14 and/or an inflow of combustion fumes from the second port 15, respectively.” The adjustment means is interpreted as comprising the corresponding structure illustrated in the drawings, and equivalents thereof.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claims 11 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 106415127 A (hereinafter “MORANDI”).
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Regarding Claims 11 and 15-19, MORANDI discloses a burner with internal fumes recirculation comprising: a first supply duct (8), for supplying fuel, having at least a first inlet opening (see Fig. 1a, elements 6) and a first outlet opening (downstream end of fuel injectors 8); a second supply duct (see 2), for supplying comburent, having at least a second inlet opening (see the downstream end of comburent supply tubes 1/1a which supply comburent to the second supply duct 2) and a second outlet opening (downstream end of the second supply duct), said first outlet opening and second outlet opening being confluent at a head (11) of the burner configured to generate a flame; suction means (5) configured to suck at least an amount of comburent from an environment outside said burner and to move said at least an amount of comburent from said second inlet opening to said second outlet opening; a fumes return duct (12) for fumes generated by the combustion of said flame and configured to promote a re-introduction of the fumes in said burner; wherein said fumes return duct (12) has a third fumes inlet opening (7) arranged at said head of the burner, wherein said fumes return duct has a third outlet opening (see the downstream end of the fumes return duct 12 which supplies fumes to said second supply duct 2) placed in fluid communication with said second inlet opening for the comburent (see the downstream end of comburent supply tubes 1/1a which supply comburent to the second supply duct 2) to promote an at least partial re-introduction of the combustion fumes in said second comburent supply duct (2), and wherein said suction means (5) is configured to promote a movement of the combustion fumes from said fumes return duct (12) to said second supply duct (2); and a heat exchange section (see comburent tubes 14) interposed between said third inlet opening and said third outlet opening and configured to promote a decrease in the temperature of the combustion fumes during a passage thereof between said third inlet opening and said third outlet opening, wherein said heat exchange section is obtained by means of a heat exchanger interposed between the third inlet opening and the third outlet opening of said fumes return duct (12); characterised in that said heat exchanger comprises a tube bundle (14) obtained as a branch of said second supply duct (2) and a shell container (10) obtained as an enlargement of said fumes return duct (12); wherein said fumes return duct (12) has a portion at least partially coaxial to said first supply duct (8); wherein at least one of said first supply duct (8) and said second supply duct (2) are at least partially inserted in said fumes return duct (12); wherein said fumes return duct (12) comprises a portion peripherally arranged around at least one of: said first supply duct (8) and said second supply duct (2); wherein said second supply duct (2) is at least partially coaxial to said first supply duct (8), said first supply duct (8) being at least partially inserted in said second supply duct (2); wherein said first supply duct (8) and said second supply duct (2) define a passage volume for the comburent inside said second supply duct (2) and outside said first supply duct (8); and wherein said second supply duct (2) is at least partially inserted in said fumes return duct (12); wherein said third inlet opening (7) is arranged in a retracted position at said first outlet opening (downstream end of fuel injectors 8) and/or at said second outlet opening (see the embodiment of Fig. 2) with respect to at least one of: a fuel direction and a comburent supply direction.
Allowable Subject Matter
Claims 12-14 and 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.
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.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799
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