DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities: the term, “articular”, as recited in the last line, should be “articulate”. Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
a timing device for disconnecting the power source from the electromagnet after a period of time, as recited in claims 2 and 4.
an arrangement for controlling a flame of the jar candle, as recited in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The timing device [Wingdings font/0xE0] a printed circuit board
an arrangement for controlling a flame of the jar candle [Wingdings font/0xE0] the combination of a lid, electromagnet, permanent magnet, and power source (spec, para. 7)
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 13-17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sun (CN 203428317 U).
Regarding claim 13, Sun discloses a jar (2) for (i.e., capable for) a jar candle including an arrangement (elements 1, 3-7+power supply; see para. 12) for controlling a flame of the jar candle (closing the lid can reduce or eliminate the oxygen supply to the flame of a candle positioned inside the cavity) comprising: a sidewall (sidewall of container 2) including a cavity for receiving the arrangement.
Regarding claim 14, Sun discloses the jar for a jar candle of claim 13, wherein the jar has a shape selected from a group consisting of cylindrical (Fig. 1), frustoconical, rectangular and polygonal.
Regarding claim 15, Sun discloses the jar for a jar candle of claim 14, wherein the arrangement cooperates to completes the shape otherwise defined by the jar (the lid of the arrangement completes the shape of the jar).
Regarding claim 16, Sun discloses the jar for a jar candle of claim 15, wherein the jar and the arrangement cooperate to define a complete circle in a horizontal plane (Fig. 1).
Regarding claim 17, Sun discloses the jar for a jar candle of claim 13, wherein the cavity is open to both a top of the jar and in a radially outward direction (Fig. 1).
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) 1-3, 18, 19 is/are rejected under 35 U.S.C. 103 as being obvious over Byxbe (US 6572365 B1) in view of Chen (CN 104373602 A).
Regarding claim 1, Byxbe discloses a jar candle comprising:
a jar (32, Fig. 3);
a lid (36, Fig. 3) connected to the jar of the jar candle for articulation between an open position and a closed position (Fig. 5);
an arrangement for controlling a flame of the jar candle, the arrangement including:
an electromagnet (40, Fig. 8) fixed to the jar (timer 42 electrically energizes the magnet 40, thereby making it an electromagnetic; see abstract and col. 7, lines 52-53);
a permanent magnet (38, Fig. 8) carried by the lid; and
a power source for powering the electromagnet (inherently disclosed since the electromagnet requires electrical power to generate the magnetic field; see col. 7, lines 52-53),
wherein the electromagnet cooperates with the permanent magnet to articulate the lid to the closed position (col. 7, lines 52-62).
Byxbe fails to disclose:
wherein the electromagnet is carried in a housing; and
wherein the electromagnet cooperates with the permanent magnet to retain the lid in the open position when a power source powers the electromagnet and further cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position.
Chen teaches an electromagnetic lid articulation mechanism comprising:
an electromagnet (14, Fig. 1) carried in a housing; and
wherein the electromagnet cooperates with the permanent magnet (12, Fig. 1) to retain the lid in the open position when a power source powers the electromagnet and further cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position (see abstract and para. 14).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Byxbe wherein the electromagnet is carried in a housing; and wherein the electromagnet cooperates with the permanent magnet to retain the lid in the open position when a power source powers the electromagnet and further cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position.
The motivation to combine is so that the lid can automatically open and close. Byxbe’s device relies on gravity to close the lid (see abstract); however, the lid may not close if the jar candle sits on an inclined surface that would prevent gravity from closing the lid. The modification would rectify this potential problem and have the added benefit of sealing shut the lid to the jar, thereby preventing smoke from escaping the jar once the flame is extinguished. Moreover, having the lid automatically open provides an extra convenience for the user.
Regarding claim 2, Byxbe discloses a timing device for disconnecting the power source from the electromagnet after a period of time (a programmable digital timer is disclosed in col. 7, lines 52-53).
Regarding claim 3, Byxbe discloses the jar candle of claim 1, wherein the lid is connected to the jar by the arrangement.
Regarding claim 18, modified Byxbe discloses (see rejection of claim 1 for citations) a method of controlling a flame of a jar candle, the jar candle including a lid mounted to the jar of the jar candle for articulation between an open position and a closed position, the method comprising: fixing an electromagnet relative to the jar; mounting a permanent magnet to the lid; powering the electromagnet with a power source such that the electromagnet and the permanent magnet cooperate to retain the lid in the open position; and reversing the polarity of the electromagnet to repel the permanent magnet and thereby articulate the lid about a hinge to a closed position to extinguish a candle within the jar.
Regarding claim 19, modified Byxbe discloses the method of controlling a flame of a candle of claim 18, further comprising controlling the power source with a timing device to disconnect the power source from the electromagnet after a period of time (a programmable digital timer is disclosed in col. 7, lines 52-53).
Claim(s) 1, 4-12 is/are rejected under 35 U.S.C. 103 as being obvious over Sun (CN 203428317 U) in view of Chen (CN 104373602 A).
Regarding claim 1, Sun discloses a jar candle comprising:
a jar (2);
a lid (1) connected to the jar of the jar candle for articulation between an open position and a closed position;
an arrangement for controlling a flame of the jar candle, the arrangement including:
an electromagnet (6) carried in a housing (9) fixed to the jar;
a permanent magnet (4) carried by the lid (the magnet is supported by a rod 3 that is supported by the lid 1); and
a power source for powering the electromagnet (para. 12), wherein the electromagnet cooperates with the permanent magnet to retain the lid in the open position when the power source powers the electromagnet (see paras. 6).
Sun fails to disclose:
where the magnet cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position
Chen teaches an electromagnetic lid articulation mechanism comprising:
wherein the electromagnet cooperates with the permanent magnet (12, Fig. 1) to retain the lid in the open position when a power source powers the electromagnet and further cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position (see abstract and para. 14).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Sun wherein the magnet further cooperates with the electromagnet to repel the electromagnet and thereby articulate the lid to the closed position.
The motivation to combine is so that the lid can automatically close. It is not clear how the lid in Sun closes. If it closes by gravity, then the lid may not close if the garbage can sits on an inclined surface that would prevent gravity from closing the lid. The modification would rectify this potential problem and provide the added benefit of sealing shut the lid to the body of the garbage can, thereby preventing smells from escaping the garbage can.
Regarding claim 4, Sun discloses the jar candle of claim 1, wherein the jar is cylindrical in shape (a portion of it is cylindrical in shape) but fails to define an axially extending cavity receiving the arrangement. However, the shape (Sun, 2+9) was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape was significant. See MPEP 2144.04 (IV)(B). In this case, the body (Sun, 2+9) could be made completely cylindrical with no change to the function of the garbage can.
Regarding claim 5, modified Sun discloses the jar candle of claim 4, wherein the arrangement cooperates to completes the cylinder otherwise defined by the jar.
Regarding claim 6, modified Sun discloses the jar candle of claim 5, wherein the jar and the arrangement cooperate to define a complete circle in a horizontal plane.
Regarding claim 7, modified Sun discloses the jar candle of claim 4, wherein the cavity and the arrangement cooperate to align the lid and a top of jar (Sun, Fig. 1).
Regarding claim 8, modified Sun discloses the jar candle of claim 4, further comprising at least one magnet (Sun; 4, 6) carried by the jar within the cavity that cooperate with a corresponding number of magnets carried by arrangement to hold the arrangement in place in the cavity (Sun, Fig. 1).
Regarding claim 9, modified Sun discloses the jar candle of claim 4, wherein the cavity extends along a majority of an axial length of the jar (Sun, Fig. 1).
Regarding claim 10, modified Sun discloses the jar candle of claim 4, wherein the cavity is open to a top of the jar (Sun, Fig. 1).
Regarding claim 11, modified Sun discloses the jar candle of claim 4, wherein the cavity is open in a radially outward direction (Sun, Fig. 1).
Regarding claim 12, modified Sun discloses the jar candle of claim 4 wherein the cavity is open both at a top of the jar and in a radially outward direction (Sun, Fig. 1).
Conclusion
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/JASON LAU/Primary Examiner, Art Unit 3762