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 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. (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.
Claim 1 is indefinite because there is an antecedent basis issue with the limitation “said opening of said at least one arm member”. This opening is not defined previously in the claim as it relates to the “arm.”
Also in claim 1, the terms “proximate” and “axially” should be properly defined as the specification does not give guidance to the relation of these words in terms of the configuration of the “candle manufacturing apparatus.”
Claim 9 is indefinite because the terms “proximate”, “axially”, and “distal” should be properly defined as the specification does not give guidance to the relation of these words in terms of the configuration of the “candle manufacturing apparatus.”
Claim Rejections - 35 USC § 102/103
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.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bae et al., KR Publication No. KR20100104242A (hereinafter referred to as Bae).
Regarding claims 1-9, Bae discloses a method for manufacturing a multi-colored twisted candle in which two to six colors are combined in a twisted form to form a candle body, and a manufacturing apparatus therefor. Bae discloses a candle body (“mold body” as recited in claims 1 and 9) made of 2 to 6 candle sticks of different colors (“multiple candle members” as recited in claims 1 and 9), each having a diameter smaller than the diameter of the entire body, assembled in a twisted shape during the extrusion step, and a wick for combustion is inserted into the center, the multi-colored candles that make up the candle body are extruded in different specifications and assembled during the extrusion step to form a twisted shape, so that candles with various shapes of colored parts can be made.
The method comprises a candle rod extrusion step of melting and stirring candle paraffin by color and extruding it into a rod shape of a certain diameter, a multi-row conveying step of guiding the extruded candle rod to one place while keeping it warm so that it does not solidify, a forming step of gathering the conveyed candles into one tube (“common interior volume” as recited in claims 1 and 9 and as recited in claims 2-5 and 7-8), keeping it warm so that it does not solidify, and twisting it so that a certain angle is maintained to manufacture a twisted candle, and a cutting step wherein the candle rod extrusion unit (1) that melts and stirs candle paraffin by color and extrudes it into a rod shape of a certain diameter, a candle rod guide unit (2) that guides a plurality of candle rods with a heat retention device to prevent the extruded candle rods from solidifying, a rotational molding unit (3) that combines multi-colored candle rods conveyed through the candle rod guide unit into a single tube while rotating them at a certain angle to form a twisted candle, and a cutting unit (4) that cuts the twisted candles into a certain length.
A hole (“apertures” recited in claim 6) is formed in the center to collect the candles that have been transported and twist them simultaneously to form multi-colored twisted candles, and placing a thick extrudate (100) in the middle, and supplying an extrudate (101)(102) with a smaller diameter on the outer surface at a certain angle, and combining them in a shape that covers the outer surface of the thick extrudate (see Description and Figures).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL V VASISTH whose telephone number is (571)270-3716. The examiner can normally be reached M-F 9:00-4:30 and 7:00-10:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 5712726381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771