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 17/672503 application originally filed February 15, 2022.
Claims 1, 2, 4-12 and 14-22, filed September 10, 2025, are pending and have been fully considered. Claims 3 and 13 have been canceled. Claim 22 is new.
The rejection under 35 USC 112 2nd paragraph is withdrawn in light of applicants claimed amendments and remarks.
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, 4-12 and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukra (US 2007/0298360) in view of Cap (US 2006/0236593) and McGee et al. (US 2002/0168600) hereinafter “McGee”.
Regarding Claims 1, 2, 4-12 and 14-21
Ukra discloses in the abstract, a container includes a lid, wax beads and many wicks. The wax beads and wicks are stored in the container. A candle is formed in the lid with a wick and a portion of the wax beads.
Ukra discloses in paragraph 0018 and FIG. 1, illustrates an embodiment of a self-contained candle system. System 100 includes container 110 that acts as a storage compartment and lid/candle older 120. System 100 further includes wax candle beads 140 and wicks 150 (see FIG. 3). Lid/candle holder 120 acts as a lid when connected to container 110 and as a candle holder when separated and a wick and candle beads are placed into it.
Ukra discloses in paragraph 0019, container 110 can vary in size to store more or less candle beads 140 and wicks 150. Lid/candle holder 120 provides a place to form a candle from one or more wicks 150 and a portion of the candle beads 140 that is poured or transferred from container 110 to lid/candle holder 120. In one embodiment, lid/candle holder 120 is sized to snugly fit onto container 110. In another embodiment, lid/candle holder 120 and container 110 have threads. In this embodiment lid/candle holder 120 is secured to container 110 by being screwed down. Ukra further discloses in paragraph 0020, in another embodiment, system 100 includes a plurality of lid/candle holder liners (not illustrated). In this embodiment, the lid/candle holder liners are made of malleable metal, such as aluminum foil. The lid/candle holder liners are sized to fit inside of lid/candle holder 120 and can be removed one by one after a formed candle is extinguished. This leaves the bottom of lid/candle holder 120 free of melted wax.
Ukra discloses in paragraph 0025, beads 140 transferred from container 110 to lid/candle holder 120 and placed over base portion 160. As illustrated, wick 150 has been lit with a flame. The candle beads, lighted wick and lid/candle holder 120 form a candle. The wax beads 140 can have a variety of scents and colors. The candle beads 140 can also have a variety of sizes as desired. Different scented beads can be placed in lid/candle holder 120 together to form a personalized scent as desired.
Ukra discloses in paragraph 0027, multiple wicks 150 can be placed in lid/candle holder 120 for a desired style of candle. When the wick 150 is lit with a flame, the wax candle beads 140 melt and release their scent. More candle beads 140 can be added as needed to keep the candle burning. When the candle is no longer desired, the flame can be put out and lid/candle holder 120 can be placed back on top of container 120 when cooled. Container 110 can then be moved or stored until it is desired to form a new candle. Wicks 150 can burn for many hours adding fragrance to a room or place.
Ukra discloses in paragraph 0030, FIG. 7 illustrates a block diagram of a process 700 for forming a candle from system 100. In block 710 a plurality of candle beads 140 and a plurality of wicks 150 are stored in container 110 having a lid/candle holder 120. In block 720 lid/candle holder 120 is removed from container 110. In block 730, at least one wick 150 and a plurality of candle beads 140 are transferred from container 110 to lid 120. The portion of the plurality of candle beads 140 cover base portion 160 of the wick 150. In block 740 the wicking portion 170 is lit with a flame. The plurality of beads and the lighted wick form a candle in the lid/candle holder 120. The lid/candle holder can then be moved where the scented candle is desired to add fragrance to a room or place.
Ukra discloses in paragraph 0031, system 100 allows a person to form a candle whenever desired. System 100 conveniently stores wicks 150 and candle beads 140 in container 110, together with lid/candle holder 120. More candle beads 140 and wicks 150 can be added to container 110 as necessary. With system 100, a person can always make a candle when desired in lid/candle holder 120 instead of having to purchase an existing candle, or having wicks, candle beads, and a candle holder or dish located in many different places.
It is to be noted, Ukra discloses the wick is inserted in the container but fails to specifically teach inserting the wick in the container to an insertion depth, wherein the distance between the wick and the sides or bottom of the container is the same length as the insertion depth of the wick.
However, McGee discloses in the abstract, a candle in a container.
McGee further discloses in paragraph 0012, a candle that includes a container having a bottom and a side wall defining a cavity and a top rim delimited by the side wall. A first region containing a material that is opaque at room temperature is disposed within the cavity of the container. A second region containing a polymer-oil blend that is substantially transparent at room temperature is disposed within the cavity of the container and is adjacent to the first region. A wick is disposed within the container, which passes through both the first and second regions.
McGee discloses in paragraph 0031, the wick ( 15) can either be attached to the bottom of the container, in the correct orientation, and the first region dispersed around it, cooled, and then the second region dispersed around it and cooled or the wick can be inserted into the first region when it has almost solidified and when the cooling is complete the second region is dispersed around it. McGee discloses in paragraph 0032, the wick 35 is inserted into the second region before the material solidifies, and passes through both regions once the candle is formed, alternatively the wick can be attached to the bottom of the container in the correct orientation and the respective regions dispersed around it. McGee discloses in paragraph 0033, a “wick” is any filamentary body that is sufficiently sturdy, that will burn with a flame, and that is capable of drawing up the respective materials of the molten candle of the present invention by capillary action. The wick may or may not be coated with wax. Preferably, the wick is not coated with wax. Wicks that may be used include, for example, uncoated paper core wicks (44-24-18D) or uncoated zinc metal core wicks (44-32-18Z) obtained from the Candlewick Co. (Ohsville, Pa.). As set forth above, the wick may be positioned in the candle using any convenient technique.
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 apply a wick in various parts of the container, including inserting the wick to the base and/or core of the container as taught by both Ukra and McGee. The motivation to do so is to insert the wick in a container that aids in liquefying the wax by radiant heat from the burning wick and to serve as a fuel source.
It is to be noted, Ukra discloses candlewax is present a plurality of granules or beads (collectively “particles”) wherein the container contains the wick but fails the type of wax granules.
Cap discloses in the abstract, a candle refill kit useful for preparing homemade candles includes a disposable microwaveable container and a microwaveable candlewax composition.
Cap discloses in paragraph 0029, FIG. 1 illustrates a candle refill kit 10 which includes a disposable microwaveable container 12 and a predetermined amount of microwaveable candlewax composition 14 in the container 12. FIG. 2 illustrates a candle refill kit 20 which includes a disposable microwaveable container 22 and a predetermined amount of granules, flakes, beads or pastilles (collectively “particles”) of microwaveable candlewax composition 24 in a plastic bag 28 or other packet separate from the container 22.
Cap discloses in paragraph 0048, the lipid-based wax composition may also include other optimal wax ingredients, including without limitation, beeswax, montan wax, paraffin wax, and other conventional waxes. When used, these other wax ingredients typically do not constitute more than about 25% of the plant-based wax composition. Conventional dyes, pigments and other coloring agents may be added at up to about 8% by weight, suitably about 0.1-3% by weight.
Cap discloses in paragraph 0046, the lipid-based candlewax composition may also include one or more free fatty acids. Examples of free fatty acids include without limitation lauric acid, myristic acid, palmitic acid, stearic acid, arachidic acid, palmitoleic acid, oleic acid, gadoleic acid, linoleic acid, linolenic acid and combinations thereof. When used, the free fatty acid component may constitute about 1-50% by weight of the plant-based candlewax composition, suitably about 3-25% by weight, or about 5-10% by weight.
Cap discloses in paragraph 0028, as used herein, “scenting agent” refers to any additive for a candlewax composition which is intended to release a selected aroma prior to or during burning of a candle made from the candlewax composition. Examples of scenting agents include without limitation scented oils, essential oils and other liquid fragrances.
Cap discloses in paragraph 0066, one or more disposable microwaveable containers 22 are separately formed or provided. Then, in one embodiment, the molten candlewax composition is cooled, hardened and formed into granules, flakes, beads or pastilles (collectively “particles”). A predetermined volume or weight of candlewax composition, sufficient to fill a disposable container 22 to a desired level, is deposited and stored in a separate packet 28 which can be formed of plastic film or paper. In another embodiment, the molten candlewax composition is instead formed into slugs of predetermined volume or weight. A candlewax slug is cooled, deposited and stored in the packet 28. In still another embodiment, the molten candlewax composition 24 is rapidly cooled to a second temperature and votated as described above for candlewax composition 14. The magmna or slurry of votated candlewax composition 24 is poured, in a predetermined amount, into packet 28 for storage. The votated composition then cools and hardens into a slug. In any of these embodiments, the coloring and/or scenting agents may alternatively be provided in one or more separate packets as described above.
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 the wax granule composition of Cap in the candle of Ukra. The motivation to use the wick, wax and container that can be moved or stored until it is desired to form a new candle, as taught by Ukra and Cap.
Allowable Subject Matter
Claim 22 is 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 applied prior art fails to teach and/or suggest the method of claim 1 further includes the wick has a length between 1 cm and 2 cm and the wax granules have a diameter between 0.001 mm and 0.1 mm.
Response to Arguments
Applicant’s arguments to newly submitted claimed amendments, filed September 10, 2025, with respect to the rejection(s) of claim(s) 1, 2, 4-12 and 14-21 under Claim(s) 1, 2, 4-12 and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukra (US 2007/0298360) in view of Cap (US 2006/0236593) 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 Claim(s) 1, 2, 4-12 and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukra (US 2007/0298360) in view of Cap (US 2006/0236593) and McGee et al. (US 2002/0168600) hereinafter “McGee”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cap (US 2010/0044924) discloses in the abstract, a candle refill kit useful for preparing homemade candles includes a disposable microwaveable container and a microwaveable candlewax composition. The candlewax composition is microwave heated in the microwaveable container to an elevated temperature sufficient to initiate pouring of the candlewax composition. The candlewax composition is then poured from the microwaveable container into a candle mold (to make a stand-alone candle) or a candle container (to make a container candle).
Rasmussen et al. (US 2004/0250464) discloses in the abstract, a candle kit containing a candle cream composition that is not solid but fluid at room temperature and is water dispersible, and the candle cream composition whose surface hardens when heated and then cooled to room temperature. A candle is formed by pouring or squeezing the candle cream in any candle-safe container and spreading the creamy liquid evenly to assume the shape of the candle-safe container, connecting a candle wick to the candle-safe container before or after candle cream is poured, lighting the wick to heat the candle cream, and if desired extinguishing the lighted wick and allowing the candle cream to cool to room temperature and thereby allowing the surface of the candle cream to harden. The essential ingredients of the candle cream preferably consists of a blend of solid and liquid partially hydrolyzed vegetable oil selected from the group consisting of partially hydrogenated soybean oil, partially hydrogenated sunflower oil, partially hydrogenated safflower oil, partially hydrogenated rice bran oil, partially hydrogenated cotton seed oil, partially hydrogenated canola oil and compatible mixtures thereof, and a hardening agent selected from the group consisting of stearic acid, stearin, palmitic acid, cetyl alcohol, stearyl alcohol, arachidyl alcohol, myristic acid, myricyl alcohol and compatible mixtures thereof.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached on 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Latosha Hines/Primary Examiner, Art Unit 1771