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 .
DETAILED ACTION
This Office action is based on the 17/522360 application originally filed November 19, 2021.
Claims 1-4, 6-11, 13, 14 and 16-18, filed August 18, 2025, are pending and have been fully considered. Claims 5, 12 and 15 have been canceled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 18, 2025 has been entered.
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 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, 2 and 7-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beth “Bamboo Candles, Soy Wax and Essential Oils” 2017 in view of Puzio (WO 2020/149750 A1) and Pichard (GB 186800291 A).
Regarding Claims 1, 2 and 7-18
Beth specifically teaches cutting bamboo sticks into shapes (bamboo having nodes) to make bamboo candles as a do-it-yourself candle.
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Beth discloses on page 1:
Here’s what you need to create your own bamboo candles.
Bamboo sticks. If you don’t have them growing in your yard, you can purchase online or at a garden store. Or you can message me and I will send you some!
Wax. I like soy. It burns clean and is safer for the environment.
Candle dyes. I like white candles, but if you want some color you can purchase at craft stores or online.
Candle wicks. I prefer the kind that have metal bottoms and I always get the sticky tabs that help hold them in place.
Candles scents. I like essential oils for their natural, less “perfumy” scent.
Plastic wrap and rubber bands.
You will also need a large Pyrex measuring cup to melt the wax in a double boiler or in the microwave.
Beth discloses on page 2:
Here’s what you do:
You will need to cut the bamboo into various lengths. Use a hand saw or table saw. My husband did this for me. You can cut the sticks at the knots so there will be a “floor” at the bottom of your candle. However, if this is not possible, you can create a false, removable bottom with plastic wrap. Yes, it works and will not melt, even with hot wax. Just be sure to completely cover the bottom of the candle and secure tightly with a rubber band as close the edge of the bottom as possible. Then proceed to melt the wax in the Pyrex glass measuring cup. I prefer the microwave. Start in 1 minute intervals until the wax is completely melted.
While wax is melting, place wick with sticky bottom in the center of the bottom of the candle. Once the wax is melted, you can add color, if desired, and a few drops of essential oil scent. Lemongrass, citronella and plumeria are good choices that go well with the bamboo tropical theme and as an added bonus they also help keep bugs away. Stir your mixture with a metal or wooden spoon or a chopstick you might have lying around from your last order of Chinese food. Pour wax mixture into the bamboo container and wait for it to dry. Allow at least four hours before you remove the plastic wrap. Don’t worry if there is a little over spill that pools at the bottom of your candle. That happens if you don’t secure the wrap close enough to the edge. It will harden and you can scrape off later. Soy wax is very soft and spills clean up easily. Once the candle is completely hardened you can trim the wick to the length you prefer.
It is to be noted, Beth discloses the claimed structure of the candle including a wick secured by metal bottom but fails to specifically disclose the securing plug is made of natural clay.
However, it is known in the art to use clay as the securing plug of a wick, as taught by Pichard.
Pichard discloses on page 4, Figure 1 shows a candle a, the bottom or lower end b of which is made of incombustible material; this bottom or end b is shown separately in Figures 2 and 3 ; it is a cylinder, say of clay, which may be applied in the mould to the candle when just moulded in order to produce adherence. The wick c does not extend into the end piece b but rather the upper end of the piece b. Figure 4 shows a candle a, into the bottom of which when in the mould and at the time of moulding a cylinder b of smaller diameter ' than the candle is pushed; this incombustible end is not visible on the exterior. Figure 5 is a section of this candle through the line 1, 2, of Figure 4. The ordinary wick c is continued from the upper end of the piece b by an iron wire c which terminates at the bottom. Figure 6 is a longitudinal section of a candle in which the wick is shortened and carries a metal disc e, which causes the extinction of the light. Figure 7 is a longitudinal section of a candle in which the lower part c of the wick is impregnated or coated with an incombustible ! chemical material.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use clay material that aids in the wick being mounted to the vessel within the body of the candle as taught by Picard or a metal bottom as taught by Beth. The motivation to do is to use a sealant (clay or metal) that aids in the securing of the plug/wick in the candle.
It is to be noted, Beth discloses the claimed structure of the candle but fails to specifically teach the claimed flame retardant coated on the body of the candle.
However, it is known in the art to use known flame retardants on a candle container, as taught by Puzio.
Puzio discloses on page 1 lines 5-10, a container for candle product, intended to be filled with a flammable material, such as paraffin or stearic acid, as well as plant and animal fats.
Puzio discloses on page 4 lines 13-18, the solution proposes a container made of plastic, comprising a combination of polylactide with ammonium polyphosphate microencapsulated with melamine. The polylactide PLA is a biodegradable material, while ammonium polyphosphate APP, preferably microencapsulated with melamine, is an agent improving fire resistance of the container. A combination of these materials also resulted in improved mechanical properties.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the flame retardant of Puzio to the body the candle container of Beth. The motivation to do is to use an extinguishing material that improves fire resistance of the container of a flammable material, as taught by Puzio.
Claim(s) 3, 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beth “Bamboo Candles, Soy Wax and Essential Oils” 2017 in view of Puzio (WO 2020/149750 A1) and Pichard (GB 186800291 A) and further in view of Decker (US 2021/0033278).
Regarding Claims 3, 4 and 6
It is to be noted, Beth modified by Puzio and Pichard discloses the claimed structure of the candle but fails to specifically teach the claimed flame retardant.
However, it is known in the art to use known coconut blend as a wax in a candle with a wooden wick, as taught by Decker.
Decker discloses in paragraph 0245, with traditional wicks and proportionally cut wooden-like wicks, it can difficult to achieve consistent and optimal wax pooling in candles that vary in width from top to bottom. Varying the wick width and wick cut outs optimizes the candles' pooling effect for safer and optimal performance. Different types of waxes (paraffin, soy, coconut, palm, apricot, beeswax, gel, and vegetable and/or paraffin blends) all melt differently and have different viscosity and flash points. Therefore, the wax pool consistency and diameter vary significantly between waxes in the same candle size. Split wicks are used to optimize the wick to vessel ratio in a manner that can be tailored to a particular wax or wax combination. In a wick having a “closed split” configuration, when burning commences there is a single wick. As the wick burns down, there will be two wicks. Finally, there will be a single wick again. This configuration and the corresponding width of the wick or portions thereof can be tailored to correspond to the thickness of a candle. Further, the wick need not be limited to two wicks in the intermediate period of the burn. Instead, the wick could split into three or more wicks during burning. Wicks having a closed split configuration are best for candles including containers with smaller openings at the top of the vessel and wider widths in the middle. Wicks having a closed split configuration may be formed of any suitable material as outlined above.
Decker discloses in paragraph 0228, a candle includes a body of meltable fuel and a wick. Meltable fuels are materials that are solid at room temperature and provide light when vaporized and ignited (i.e., when conveyed via a lit wick embedded in a body of the meltable fuel). Exemplary meltable fuels include fusible, flammable solid waxes and wax-like materials such as, for example, petroleum (paraffin) wax, mineral (montan) wax, synthetic wax (polyethylene or Fischer Tropsch), natural waxes (vegetable or animal—e.g., beeswax, carnauba, candelilla), microcrystalline waxes, polymers, polyolesters, clear candle waxes or gels (ester-terminated polyamides (ETPA) or ETPA-based materials), and other fuels known to skilled artisans. A single meltable fuel or blends of meltable fuels may be used, as further stated in paragraph 0235 of Decker.
Decker discloses in paragraph 0233, the material and thickness of a wick are selected to promote the candle's functionality as well as the candle's contributions to ambiance. In embodiments, the wick is made of wood, semi-wood or wood-like material and, when lit, provides a pleasant crackling sound and burns more thoroughly with less carbon heading and sooting than conventional wicks.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the coconut blend as a wax in a candle with a wooden wick, as taught by Decker to the wax composition of the candle of Beth. The motivation to do is to use a wax blend that is meltable and are materials that are solid at room temperature and provide light when vaporized and ignited, as taught by Decker.
Response to Arguments
Applicant’s arguments directed to the newly submitted claimed amendments, filed August 18, 2025, with respect to the rejection(s) of claim(s) 1, 2 and 7-18 under Eker et al. (US 3,886,252) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Beth “Bamboo Candles, Soy Wax and Essential Oils” 2017 in view of Puzio (WO 2020/149750 A1) and Pichard (GB 186800291 A).
Applicant's arguments filed August 18, 2025 have been fully considered but they are not persuasive.
Applicants argued: “Puzio does not disclose a flame retardant coating. Puzio explicitly discloses a container made entirely of plastic, specifically combinations of polylactide and ammonium polyphosphate (optionally coated with melamine) in a variety of ratios for use as a candle vessel. Nowhere does Puzio disclose the application of one or more layers of a flame retardant compound to a candle vessel. The candle vessels described in Puzio are not coated with at least one layer of a flame retardant compound. Rather, the candle vessels in Puzio are entirely made from a fire retardant plastic material that is uniform throughout its thickness. The vessels of Puzio have no "layers" or "coatings". A flame retardant coating is not necessary as the entire candle vessel itself in Puzio is flame retardant.”
Applicants arguments are not deemed persuasive. First, as stated in the above rejection, Puzio discloses a melamin coating is known in the art as an agent improving fire resistance of the container. Second, Puzio further discloses on page 6 lines 8-15, in addition to production of containers for a candle product, such as containers for candles, tea lights, cups filled with flammable mass or all other container types filled with candle mass for decorative purposes and for candle bases, the suggested material may be used in production of shaped elements used in candle production technologies, such as discs and pressed elements protecting the bottom of the candle and preventing the flame from penetrating below the bottom of the candle, to materials or items the candle is placed on. Additionally, Puzio discloses on page 3 lines 5-7, a range of other candle container designs are known, with flammable material cast around the candle wick placed inside the container. The tea light container is usually made of plastic, but glass and ceramics are also used. Through the teachings of Puzio it is maintained that Puzio teaches coating a candle container of any design with a fire resistance agent, melamine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YOUTUBE: “DIY Natural Bamboo Homemade Scented Candles”; https://www.youtube.com/watch?v=L04HvrtQAW0; Jun 10, 2020 #bamboo #scentedcandles #diycandles Bamboo is natural and has many great use. Today I will make DIY homemade Scented Candles using bamboo tubes candle holders. these candles, not only look amazing, but also have very natural aroma and natural presence.
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Felecia Scott. “Every Entrepreneur Should Be Hands On”. The Pop Up Store Chronicles. Published: February 01, 2012.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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/Latosha Hines/Primary Examiner, Art Unit 1771