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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 8 require “specially shaped candles” without any language in the claims delimiting what makes the shape special. Without such claim limitations it is not possible to determine the scope of “specially shaped”.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Bruinesen (WO 2008/061293 A1) in view of Silvo et. al (WO 2020/086005 A1) and further in view of Warren (US 1,883,726).
With respect to claim 1 Van Bruinesen discloses a reusable candle jar system comprising of an outer container [reference character 1], a twist off bottom [reference character 6], and specially shaped candles [reference character 7, the bottom of the candle is specially shaped to accommodate riser plate 3].
Van Bruinesen does not disclose a removably covered bamboo top.
Silvo discloses a candle holder having a bamboo top [reference character 4 in Fig. 1, see Abstract for material].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the candle taught by Van Bruinesen by providing a bamboo top, as taught by Silvo, in order to allow the wick and top surface of the candle to be protected during transport.
Van Bruinesen further does not disclose that the outer container is formed from glass or that the system includes a wax scraping spatula.
Warren discloses a reusable candle jar system comprising of an outer glass container [reference character 7], specially shaped candles [reference character 6], and a wax scraping spatula [reference characters 1 and 2].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the candle taught by Van Bruinesen by forming the outer container out of glass, as taught by Warren, in order to allow the flame to be clearly visible through the outer container, and to provide a spatula in order to allow for complete and clean removal of the wax and wick from a spent candle [see lines 4-14 of the Abstract of Warren].
With respect to claim 2 the combination of Van Bruinesen, Silvo, and Warren, disclose that the outer glass container has an opening at the top and the bottom [see reference character 1 of Van Bruinesen and the glass of Warren].
With respect to claim 3 the combination of Van Bruinesen, Silvo, and Warren disclose that the twist off bottom allows for the wax scraping spatula to easily dislodge the candle and remove any residue1.
With respect to claim 4 Van Bruinesen discloses that the specially shaped candle has ridges [see annotated Fig. below] to accommodate the bottom opening of the jar. Specifically, the ridges allow the candle to sit on the riser plate [reference character 3] and pass through the bottom opening of the jar.
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Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Bruinesen (WO 2008/061293 A1) in view of Silvo et. al (WO 2020/086005 A1) and further in view of Warren (US 1,883,726).
With respect to claim 5 Van Bruinesen discloses the manufacturing of a reusable candle jar system comprising of an outer container [reference character 1], a twist off bottom [reference character 6], and specially shaped candles [reference character 7, the bottom of the candle is specially shaped to accommodate riser plate 3].
Van Bruinesen does not disclose a removably covered bamboo top.
Silvo discloses a candle holder having a bamboo top [reference character 4 in Fig. 1, see Abstract for material].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the candle taught by Van Bruinesen by providing a bamboo top, as taught by Silvo, in order to allow the wick and top surface of the candle to be protected during transport.
Van Bruinesen further does not disclose that the outer container is formed from glass or that the system includes a wax scraping spatula.
Warren discloses a reusable candle jar system comprising of an outer glass container [reference character 7], specially shaped candles [reference character 6], and a wax scraping spatula [reference characters 1 and 2].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the candle taught by Van Bruinesen by forming the outer container out of glass, as taught by Warren, in order to allow the flame to be clearly visible through the outer container, and to provide a spatula in order to allow for complete and clean removal of the wax and wick from a spent candle [see lines 4-14 of the Abstract of Warren].
With respect to claim 6 the combination of Van Bruinesen, Silvo, and Warren, disclose that the outer glass container has an opening at the top and the bottom [see reference character 1 of Silvo and the glass of Warren].
With respect to claim 7 the combination of Van Bruinesen, Silvo, and Warren disclose that the twist off bottom allows for the wax scraping spatula to easily dislodge the candle and remove any residue2.
With respect to claim 8 Van Bruinesen discloses that the specially shaped candle has ridges [see annotated Fig. below] to accommodate the bottom opening of the jar. Specifically, the ridges allow the candle to sit on the riser plate [reference character 3] and pass through the bottom opening of the jar.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 A person having ordinary skill in the art would recognize that removal of the bottom would aid in removing residue that might be difficult to remove from the top alone.
2 A person having ordinary skill in the art would recognize that removal of the bottom would aid in removing residue that might be difficult to remove from the top alone.