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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buffington 490 (US 2003/0019490) in view of Husted (US 2004/0231250).
Regarding claim 1, Buffington 490 discloses a method for molding an outdoor fireplace assembly using a molding process (abstract, Fig. 7), comprising molding a firebox housing unit (central body 24, [0039], Figs. 1-4) having an outer layer (outer shell 47, [0039], Fig. 7) and an inner layer mounting a plurality of bricks (refractory bricks 34 cast into inner body wall 27, [0039], Fig. 7), wherein the outer layer and the inner layer are formed at the same time (pre-casting the central body 24 of vermiculite concrete with refractory bricks 34 cast into inner body wall, [0017] [0039] [0052]), molding a separate smoke chamber unit (smoke plenum section 26, [0039] [0042], Fig. 1), and molding a separate chimney extension unit (tubular steel and applying stucco, thereby molding the façade 50, [0042] [0045-46]).
Buffington teaches a method substantially as claimed, Buffington is potentially not explicit as to wherein the outer layer and the inner layer are formed at the same time, simply teaching that the structure is pre-cast of vermiculite concrete and refractory bricks 34, without being clear how they are combined.
However, in the same field of endeavor of producing an outdoor fireplace by molding (abstract, [0070] [0098]), Husted teaches wherein the outer layer (cement mixture) and the inner layer (firebricks 120) are formed at the same time (firebricks 120 with cement mixture disposed in gaps 102 formed together, then cured, [0019] [0070], Figs. 6A-B).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Buffington to cure the vermiculite concrete with the refractory bricks 34 present, and thereby forming the outer shell 34 and inner body wall 27 because [0019] [0070] of Husted teaches forming concrete with bricks placed in a mold and curing the concrete in place in the mold with the bricks. Thus, Husted teaches a known way with the predictable effect of forming them together for a fireplace.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buffington 490 (US 2003/0019490) in view of Husted (US 2004/0231250) as applied to claim 1 above, and further in view of Southern (US 3,466,000).
Regarding claim 2, Buffington 490 as modified teaches a method substantially as claimed. Buffington 490 does not disclose how the casting is done and therefore does not disclose wherein the step of molding the firebox housing unit with the molding process comprises providing a firebox housing mold having a first mold component for forming the outer layer and a second mold component for forming the inner layer, and pouring concrete into the firebox housing mold so as to form, as a single unit, the inner layer and the outer layer of the firebox housing unit using the molding process to form a single cast molding process where the inner layer is attached to the outer layer during the single cast molding process.
However, Husted teaches wherein the step of molding the firebox housing unit with the molding process comprises providing a firebox housing mold having a second mold component (masonry panel 60b, Fig. 3b) for forming the inner layer (cement mixture and firebricks 120, 120a, [0070], Fig. 6B).
Additionally, in the same field of endeavor of molding an outdoor fireplace assembly (fireplace 10, col. 1 ll. 15-25, Figs. 1-2), Southern teaches
wherein the step of molding the firebox housing unit with the molding process comprises providing a firebox housing mold (form 60 comprising upright section panels 61 with firebox 70 comprising rectangular section 70a and inwardly tapering section 70b, col. 4 ll. 12-19, Fig. 7) having a first mold component for forming the outer layer (plurality of upright section panels 61 to form an outer layer, col. 3 ll. 12-19, Fig. 7) and a second mold component for forming the inner layer (firebox 70, col. 4 ll. 9-19, Fig. 7), and pouring concrete into the firebox housing mold (col. 5 ll. 48-64) so as to form, as a single unit, the inner layer and the outer layer of the firebox housing unit using the molding process to form a single cast molding process where the inner layer is attached to the outer layer during the single cast molding process (concrete fills out the sections, then all cured together, col. 5 ll. 48-73).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Buffington 490 to build molds around the with the bricks as in masonry panel 60b of Husted, a mold on the outside as taught by Southern, then pouring concrete in to form the unit and curing because col. 5 ll. 48-73 of Southern teaches doing so to form a single piece, that col. 6 ll. 2-3 teaches can now be transported to a customer for installation.
Regarding claim 3, Buffington 490 as modified teaches a method substantially as claimed. Buffington does not disclose wherein the first mold component includes a mold receptacle forming a central reservoir, and the second mold component includes a mold support element and a plurality of mold retaining elements, wherein the mold support element is coupled to the first mold component and seated within the receptacle and is configured to support the plurality of mold retaining elements, wherein the plurality of mold retaining elements are coupled to the mold support element.
However, Southern teaches wherein the first mold component includes a mold receptacle forming a central reservoir (central reservoir is a cavity within upright section panels 61 and firebox 70, col. 5 ll. 48-73, Fig. 7), and the second mold component includes a mold support element (channel bars 71 and 72, col. 4 ll. 26-33, Fig. 7), wherein the mold support element is coupled to the first mold component and seated within the receptacle (upright section panels 61 fastened by channel bars 71 and 72 to firebox 70, col. 4 ll. 26-33).
Additionally, Husted teaches the second mold component includes a mold support element (body of panel 60b, [0055], Fig. 3B) and a plurality of mold retaining elements (housings 70, [0055], Fig. 3B), wherein the mold support element is configured to support the plurality of mold retaining elements (body of panel 60b supports housings 70, [0055], Fig. 3B), wherein the plurality of mold retaining elements are coupled to the mold support element (panel 60b coupled to housings 70, [0055], Fig. 3B).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Buffington 490 to enclose the bricks and concrete mold for using housings 70 and masonry panel 60b of Husted, fastened together with panels by channel bars 71 and 72 of Southern because doing so holds the bricks in place and enables construction as a single piece (col. 5 ll. 48-73 of Southern) that col. 6 ll. 2-3 of Southern teaches can now be transported to a customer for installation.
Regarding claim 4, Buffington 490 as modified teaches wherein each of the plurality of mold support elements has one or more raised surface features forming a plurality of retaining chambers (as modified raised surfaces of housings 70 of Husted, [0055], Fig. 3B), wherein each of the plurality of retaining chambers are sized and configured for seating at least a portion of a brick (as modified, firebricks fit between them, Husted, [0055], Fig. 3B).
Regarding claim 5, Buffington 490 as modified teaches wherein the brick is firebrick (Buffington 490, abstract, abstract, [0017] [0037] [0039]).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buffington 490 (US 2003/0019490) in view of Husted (US 2004/0231250) and Southern (US 3,466,000) as applied to claim 5 above, and further in view of Buffington 716 (US 2007/0107716).
Regarding claim 6, Buffington 490 as modified teaches a method substantially as claimed. Buffington 490 does not disclose wherein the step of molding a separate smoke chamber unit using the molding process comprises providing a smoke chamber mold, and pouring concrete into the smoke chamber mold to form the smoke chamber unit.
However, in the same field of endeavor of molding an outdoor fireplace assembly (abstract, Fig. 7), Buffington 716 teaches wherein the step of molding a separate smoke chamber unit (smoke plenum section 126, Fig. 11D) using the molding process comprises providing a smoke chamber mold (cast as a single piece in a mastermold, [0079]), and pouring concrete into the smoke chamber mold to form the smoke chamber unit (vermiculite concrete poured in, [0079]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Buffington 490 to produce plenum 26 in a mold and pouring vermiculite concrete into the mold because [0079] of Buffington 761 teaches that this is an expedient way to do so.
Regarding claim 7, Buffington 490 as modified teaches a method substantially as claimed. Buffington 490 does not disclose wherein the step of molding a separate chimney extension unit using the molding process, comprises providing a chimney extension mold, and pouring concrete into the chimney extension mold to form the chimney extension unit.
However, in the same field of endeavor of molding an outdoor fireplace assembly (abstract, Fig. 7), Buffington 716 teaches wherein the step of molding a separate chimney extension unit using the molding process, comprises providing a chimney extension mold, and pouring concrete into the chimney extension mold to form the chimney extension unit (master mold used to form smoke plenum section 126 by pouring vermiculite concrete in, [0079]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Buffington 490 to produce another section, such as the chimney extension, in a mold and pouring vermiculite concrete in because [0079] of Buffington 761 teaches that this is an expedient way to produce additional chimney components.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J CHIDIAC whose telephone number is (571)272-6131. The examiner can normally be reached 8:30 AM - 6:00 PM.
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/NICHOLAS J CHIDIAC/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
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