DETAILED ACTION
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 § 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.
Claims 1-4, 6-8, 11-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feuer (US 6,805,551 B1).
Regarding Claim 1, Feuer teaches of a candle (10) (see at least Col. 2 lines 31-39 and Fig. 2), comprising:
a flammable medium (“paraffin wax” - (12)) that is at least semi-solid (as is evident from the self-sustaining shape of the solid wax flammable medium (12) as shown in Fig. 2) (see at least Col. 2 lines 31-39 and Fig. 2); and
a wick assembly (wick assembly comprising elements (14) and (16)) at least partially integrated within the flammable medium (as is shown in Fig. 2) (see at least Col. 2 lines 40-42 and Figs. 1-2), the wick assembly comprising:
a wick (14) comprising a top end (the top end of element (14) with respect to Fig. 2) and a bottom end (the bottom end of element (14) with respect to Fig. 2) (see at least Col. 2 lines 40-42 and Figs. 1-2); and
a stop (16) coupled with the wick between the top end and the bottom end (as is shown in Fig. 2) (see at least Col. 2 lines 40-42 and Figs. 1-2 and note that element (16) acts as a “self-extinguishing device” and accordingly functions as a “stop” (for at least the procession of fire down the wick) as claimed);
wherein the stop (16) substantially prevents the candle from burning beyond the stop (stop (16) acts as a “self-extinguishing device” wherein burning is substantially prevented beyond the stop after encountering the stop) (see at least Col. 2 lines 40-42, Col. 2 line 66 - Col. 3 line 5 and Figs. 1-2) until the stop is removed (“removed”) (see at least Col. 3 lines 14-25 and Figs. 1-2); and
wherein the stop (16) is configured to be manually removed, after the wick has burned from the top end to the stop (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Once the flame is extinguished and the candle cools, the device 16, which has its upper surface and gripping tab 28 exposed, can be removed from the candle by manual gripping of the handle 24 and gently pulling and twisting the device upward”), to substantially separate a burned portion of the wick (at least the burned wick portion that is on fire as is shown in Fig. 3 that is separated from the top fresh portion of wick (14) as shown in Fig. 4 after removal of stop (16)) (see at least Col. 3 lines 5-13, Col. 3 lines 14-25 and Figs. 1-4) from a substantially non-burned top portion of a remainder of the wick (the top portion of wick (14) shown in Fig. 4) (see at least Col. 3 lines 14-25 and Figs. 1-2), the substantially non-burned top portion capable of being ignited to re-light the candle (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Removal of the device yields a cavity 30, as shown in FIG. 4, in the top of the candle, exposing the upper portion of the wick 14 previously within the removed device, and allowing the candle to be relit”).
Regarding Claim 2, Feuer also teaches that the stop (16) comprises a base (the base formed by the bottom of the funnel shaped portion of element (16) as shown in Figs. 1-2 that connects to the top of element (18)), a hollow riser (the hollow riser comprising element (18) in addition to the hollow central portion of element (16) through which wick (14) passes that together form a “vertically-extending-passageway” for the wick) (see at least Col. 2 lines 50-54 and Figs. 1-2) coupled with the base (as is shown in Figs. 1-2) (see at least Col. 2 lines 40-54 and Figs. 1-2), and an opening (26) at an end of the hollow riser (see at least Col. 2 lines 50-54 and Figs. 1-2), and wherein the wick passes through the opening and through the hollow riser (as is shown in Fig. 1) (see at least Col. 2 lines 50-54 and Figs. 1-2).
Regarding Claim 3, Feuer also teaches that the stop (16) is positioned so that the hollow riser extends away from the base and toward the top end of the wick (as is shown in Figs. 1-2, the hollow central portion of element (16) through which wick (14) passes, which is a part of the hollow riser, extends upwards and away from the base formed by the bottom of the funnel shaped portion of element (16) and toward the top end of the wick) (see at least Col. 2 lines 40-54 and Figs. 1-2).
Regarding Claim 4, Feuer also teaches that the stop (16) is positioned so that the hollow riser extends away from the base and toward the bottom end of the wick (as is shown in Figs. 1-2, element (18) through which wick (14) passes, which is a part of the hollow riser, extends away from the base formed by the bottom of the funnel shaped portion of element (16) and toward the bottom end of the wick) (see at least Col. 2 lines 40-54 and Figs. 1-2).
Regarding Claim 6, Feuer also teaches that the stop (16) is formed of a metal or a metal alloy (Feuer teaches that the stop (16) may be made out of “aluminum” which is a metal - see at least Col. 2 lines 55-61 and Figs. 1-2).
Regarding Claim 7, Feuer also teaches of one or more additional stops (16) coupled with the wick between the top end and the bottom end (see at least Col. 2 lines 61-65 and Figs. 1-2 - “The diameter and depth of the recess 26, when employed, are preferably chosen to be compatible with the outer diameter of the stem 18, so that a series of the devices 16 may be stacked in an interconnecting manner upon the wick 14, as shown in FIG. 2”).
Regarding Claim 8, Feuer also teaches that the stop and the one or more additional stops are positioned at substantially equal intervals along the wick (Feuer teaches that “The diameter and depth of the recess 26, when employed, are preferably chosen to be compatible with the outer diameter of the stem 18, so that a series of the devices 16 may be stacked in an interconnecting manner upon the wick 14, as shown in FIG. 2” (see at least Col. 2 lines 61-65 and Figs. 1-2) - thus the one or more additional stops are designed to have the same size such that “a series of the devices 16 may be stacked in an interconnecting manner upon the wick 14” wherein the height of each element (16) as shown in Fig. 1 constitutes a substantially equal interval along the wick.) (see at least Col. 2 lines 61-65 and Figs. 1-2).
Regarding Claim 11, Feuer teaches of a candle apparatus (10) (see at least Col. 2 lines 31-39 and Fig. 2), comprising:
a wick (14) comprising a top end (the top end of element (14) with respect to Fig. 2) and a bottom end (the bottom end of element (14) with respect to Fig. 2) (see at least Col. 2 lines 40-42 and Figs. 1-2); and
a stop (16) comprising a metallic hollow riser (the hollow riser comprising element (18) in addition to the hollow central portion of element (16) through which wick (14) passes that together form a “vertically-extending-passageway” for the wick, wherein the entire stop (16) including the riser is formed from “aluminum” and consequently metallic as claimed) (see at least Col. 2 lines 50-61 and Figs. 1-2) having an opening (26) (see at least Col. 2 lines 53-55 and Figs. 1-2), wherein the stop is configured to secure to the wick between the top end and the bottom end (as is shown in Fig. 2 via at least elements (34)) (see at least Col. 3 lines 31-38 and Fig. 2), by passing the wick through the opening and through the metallic hollow riser (as is shown in Fig. 2), to form a wick assembly (as is shown in Fig. 2) (see at least Col. 2 lines 50-55 and Fig. 2);
wherein the wick assembly is configured to be at least partially integrated within a flammable medium (“wax” - (12)) to form a candle (the candle shown in Fig. 2) (see at least Col. 2 lines 40-45 and Figs. 2-3);
wherein the stop (16), when secured to the wick, is configured to extinguish a flame consuming the wick as the flame approaches the stop (stop (16) acts as a “self-extinguishing device” wherein burning is substantially prevented beyond the stop after encountering the stop and is accordingly configured to extinguish a flame consuming the wick as the flame approaches the stop as claimed) (see at least Col. 2 lines 40-42, Col. 2 line 66 - Col. 3 line 5 and Figs. 1-2); and
wherein the stop (16) is configured to be manually removed, after the wick has burned from the top end to the stop (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Once the flame is extinguished and the candle cools, the device 16, which has its upper surface and gripping tab 28 exposed, can be removed from the candle by manual gripping of the handle 24 and gently pulling and twisting the device upward”), to substantially separate a burned portion of the wick (at least the burned wick portion that is on fire as is shown in Fig. 3 that is separated from the top fresh portion of wick (14) as shown in Fig. 4 after removal of stop (16)) (see at least Col. 3 lines 5-13, Col. 3 lines 14-25 and Figs. 1-4) from a substantially non-burned top portion of a remainder of the wick (the top portion of wick (14) shown in Fig. 4) (see at least Col. 3 lines 14-25 and Figs. 1-2), the substantially non-burned top portion capable of being ignited to re-light the candle (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Removal of the device yields a cavity 30, as shown in FIG. 4, in the top of the candle, exposing the upper portion of the wick 14 previously within the removed device, and allowing the candle to be relit”).
Regarding Claim 12, Feuer also teaches that the stop (16) is secured to the wick (as is shown in Fig. 2 via at least elements (34)) (see at least Col. 3 lines 31-38 and Fig. 2)
Regarding Claim 14, Feuer also teaches that the candle apparatus (10) further comprises the flammable medium (“wax” - (12)) (see at least Col. 2 lines 40-42 and Figs. 2-3).
Regarding Claim 15, Feuer also teaches that the stop further comprises a base (the base formed by the bottom of the funnel shaped portion of element (16) as shown in Figs. 1-2 that connects to the top of element (18)) coupled with the metallic hollow riser (as is shown in Figs. 1-2) (see at least Col. 2 lines 50-61 and Figs. 1-2), the base forming a pull tab (element (20) and/or (28) that is connected to the base as shown in Figs. 1-2) (see at least Col. 2 lines 50-61 and Figs. 1-2).
Regarding Claim 16, Feuer also teaches the stop (16) is secured to the wick (14) (as is shown in Fig. 2) and is positioned so that, when the wick is substantially aligned in a straight line (as is shown in Fig. 2), the metallic hollow riser extends away from the base and toward the top end of the wick (as is shown in Figs. 1-2, the hollow central portion of element (16) through which wick (14) passes, which is a part of the hollow riser, extends upwards and away from the base formed by the bottom of the funnel shaped portion of element (16) and toward the top end of the wick) (see at least Col. 2 lines 40-54 and Figs. 1-2).
Regarding Claim 17, Feuer also teaches the stop (16) is secured to the wick (14) (as is shown in Fig. 2) and is positioned so that, when the wick is substantially aligned in a straight line (as is shown in Fig. 2), the metallic hollow riser extends away from the base and toward the bottom end of the wick (as is shown in Figs. 1-2, element (18) through which wick (14) passes, which is a part of the hollow riser, extends away from the base formed by the bottom of the funnel shaped portion of element (16) and toward the bottom end of the wick) (see at least Col. 2 lines 40-54 and Figs. 1-2).
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.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Feuer in view of Wodraska (US 2011/0076631 A1).
Regarding Claim 5, Feuer teaches the candle of Claim 2 (see the rejection for Claim 2) but fails to explicitly teach that the hollow riser is crimped to secure the stop to the wick.
Wodraska discloses a relatable “self-extinguishing candle” (200) (see at least [0014] and Figs. 2A-2D) that comprises a wick (202) with a plurality of stops (206) disposed thereon (as is shown in Fig. 2A) wherein each stop has a hollow riser (hollow extended portion of each element (206) as shown in Fig. 2A) through which the wick passes (as is shown in Fig. 2A) (see at least [0014] and Figs. 2A-2D). Wodraska teaches that the hollow riser of each stop (206) is crimped to secure the stop to the wick (see [0022] - “non-combustible sleeves 206 are precisely held in place on wicking element 205 by crimping one end of the sleeve onto wicking element 205”) and teaches that doing so is advantageous because it makes each stop (206) “firmly attached to wicking element 205 and will not slide downward as the wax of wicking element 205 is melted by flame 203” (see at least [0022] and Figs. 2A-2D).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Feuer by configuring the existing hollow riser of each stop to be crimped to secure each stop to the wick as is taught by Wodraska. Doing so would have provided means for firmly attaching the stop to the wick and of preventing the stop from sliding on the wick even during the melting of wax. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 13, Feuer teaches the candle apparatus of Claim 12 (see the rejection for Claim 12), in addition to the stop (16) being secured to the wick (14) by the wick being situated at least partially within the metallic hollow riser (as is shown in Fig. 2) (see at least Col. 3 lines 31-38 and Fig. 2). Feuer fails to explicitly teach that the metallic hollow riser is crimped.
Wodraska discloses a relatable “self-extinguishing candle” (200) (see at least [0014] and Figs. 2A-2D) that comprises a wick (202) with a plurality of stops (206) disposed thereon (as is shown in Fig. 2A) wherein each stop has a hollow riser (hollow extended portion of each element (206) as shown in Fig. 2A) through which the wick passes (as is shown in Fig. 2A) (see at least [0014] and Figs. 2A-2D). Wodraska teaches that the hollow riser of each stop (206) is crimped to secure the stop to the wick (see [0022] - “non-combustible sleeves 206 are precisely held in place on wicking element 205 by crimping one end of the sleeve onto wicking element 205”) and teaches that doing so is advantageous because it makes each stop (206) “firmly attached to wicking element 205 and will not slide downward as the wax of wicking element 205 is melted by flame 203” (see at least [0022] and Figs. 2A-2D).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Feuer by configuring the existing metallic hollow riser of each stop to be crimped to secure each stop to the wick as is taught by Wodraska. Doing so would have provided means for firmly attaching the stop to the wick and of preventing the stop from sliding on the wick even during the melting of wax. Note that such modification would have necessarily resulted in the invention as claimed.
Claims 9-10 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Feuer in view of Pesu et al. (US 2004/0033464 A1) (hereinafter “Pesu”).
Regarding Claim 9, Feuer teaches the candle of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach of a base member proximate or at a bottom of the candle and proximate or at the bottom end of the wick, the base member comprising a base, a hollow riser coupled with the base and an opening at an end of the hollow riser, wherein the wick passes through the opening and through the hollow riser.
Pesu discloses a relatable candle apparatus (70) (see at least [0065] and Fig. 8A) that comprises a base member (10) disposed at a bottom of the candle apparatus (70) (as is shown in Fig. 8A) and at the bottom end of a wick (30) (as is shown in Fig. 8A), the base member comprising a base (60), a hollow riser (62) coupled with the base and an opening at an end of the hollow riser (as is shown in Fig. 8A), wherein the wick passes through the opening and through the hollow riser (as is shown in Fig. 8A) (see at least [0065] and Fig. 8A). Pesu teaches that such a base member is advantageous because, inter alia, it “causes the flame on the wick to extinguish when it reaches the holder, thereby preventing flashover of the residual candle fuel at the end of the candle useful life” (see at least Abstract, [0065] and Fig. 8A).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the candle taught by Feuer by configuring the candle to comprise a base member disposed at a bottom of the candle and at the bottom end of the existing wick as is taught by Pesu, wherein the base member comprises a base, a hollow riser coupled with the base and an opening at an end of the hollow riser, and wherein the wick passes through the opening and through the hollow riser as is also taught by Pesu. Doing so would have provided a holder for the wick that would have been able to extinguish flame when it reaches the holder, thereby preventing flashover of residual candle fuel at the end of the candle’s useful life. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 10, Pesu also teaches that the base member (10) that would be used in the combined apparatus is positioned so that the hollow riser (62) extends away from the base (60) and toward the top end of the wick (as is shown in Fig. 8A) (see at least [0065] and Fig. 8A)
Regarding Claim 18, Feuer teaches the candle apparatus of Claim 11 (see the rejection for Claim 11) but fails to explicitly teach of a base member configured to secure to the bottom end of the wick, the base member comprising a base, a hollow riser coupled with the base of the base member and an opening at an end of the hollow riser of the base member, wherein the wick is configured to secure to the base member at least in part by the wick passing through the opening of the base member and through the hollow riser of the base member.
Pesu discloses a relatable candle apparatus (70) (see at least [0065] and Fig. 8A) that comprises a base member (10) configured to secure to the bottom end of the wick (by being “crimped” - see at least [0065] and Fig. 8A), the base member comprising a base (60), a hollow riser (62) coupled with the base of the base member and an opening at an end of the hollow riser of the base member (as is shown in Fig. 8A), wherein the wick is configured to secure to the base member at least in part by the wick passing through the opening of the base member and through the hollow riser of the base member (as is shown in Fig. 8A) (see at least [0065] and Fig. 8A). Pesu teaches that such a base member is advantageous because, inter alia, it “causes the flame on the wick to extinguish when it reaches the holder, thereby preventing flashover of the residual candle fuel at the end of the candle useful life” (see at least Abstract, [0065] and Fig. 8A).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the candle taught by Feuer by configuring the candle to comprise a base member configured to secure to the bottom end of the wick as is taught by Pesu, wherein the base member comprises a base, a hollow riser coupled with the base of the base member and an opening at an end of the hollow riser of the base member, and wherein the wick is configured to secure to the base member at least in part by the wick passing through the opening of the base member and through the hollow riser of the base member as is also taught by Pesu. Doing so would have provided a holder for the wick that would have been able to extinguish flame when it reaches the holder, thereby preventing flashover of residual candle fuel at the end of the candle’s useful life. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 19, Feuer teaches of a method of forming a candle (10) (see at least Col. 2 lines 31-39 and Fig. 2), comprising:
providing a wick (14) having a top end (the top end of element (14) with respect to Fig. 2) and a bottom end (the bottom end of element (14) with respect to Fig. 2) (see at least Col. 2 lines 40-42 and Figs. 1-2);
providing a stop (16) comprising:
a base (the base formed by the bottom of the funnel shaped portion of element (16) as shown in Figs. 1-2 that connects to the top of element (18)) (see at least Col. 2 lines 40-45 and Figs. 1-2); and
a hollow riser (the hollow riser comprising element (18) in addition to the hollow central portion of element (16) through which wick (14) passes that together form a “vertically-extending-passageway” for the wick) (see at least Col. 2 lines 50-54 and Figs. 1-2) having an opening (26) (see at least Col. 2 lines 50-54 and Figs. 1-2);
passing the wick (14) through the hollow riser and through the opening so that the stop is positioned between the top end and the bottom end (as is shown in Fig. 1) (see at least Col. 2 lines 50-54 and Figs. 1-2);
securing the stop to the wick (as is shown in Fig. 2 via at least elements (34)) to form a wick assembly (the wick assembly shown in Fig. 2) (see at least Col. 3 lines 31-38 and Fig. 2);
situating the wick assembly at least partially within a flammable medium (“wax” - (12)) (see at least Col. 2 lines 40-42 and Fig. 2 - “flame-extinguishing device 16 is mounted on the candle wick 14 and embedded within the wax cylinder 12”); and
wherein the flammable medium is solidified to an at least semi-solid state (the state shown in Fig. 2 wherein “wax” (12) holds its own shape) with a first portion of the wick assembly within the flammable medium (the lower portion of the wick assembly as shown in Fig. 2) and a second portion of the wick assembly outside the flammable medium (the upper portion of the wick assembly as shown in Fig. 2), to form a candle (the candle as shown in Fig. 2) (see at least Col. 2 lines 40-42 and Fig. 2);
wherein the stop (16) is configured to extinguish a flame consuming the candle as the flame approaches the stop (stop (16) acts as a “self-extinguishing device” wherein burning is substantially prevented beyond the stop after encountering the stop) (see at least Col. 2 lines 40-42, Col. 2 line 66 - Col. 3 line 5 and Figs. 1-2); and
wherein the stop (16) is configured to be manually removable, after the wick has burned from the top end to the stop (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Once the flame is extinguished and the candle cools, the device 16, which has its upper surface and gripping tab 28 exposed, can be removed from the candle by manual gripping of the handle 24 and gently pulling and twisting the device upward”), to substantially separate a burned portion of the wick (at least the burned wick portion that is on fire as is shown in Fig. 3 that is separated from the top fresh portion of wick (14) as shown in Fig. 4 after removal of stop (16)) (see at least Col. 3 lines 5-13, Col. 3 lines 14-25 and Figs. 1-4) from a substantially non-burned top portion of a remainder of the wick (the top portion of wick (14) shown in Fig. 4) (see at least Col. 3 lines 14-25 and Figs. 1-2), the substantially non-burned top portion capable of being ignited to re-light the candle (see at least Col. 3 lines 14-25 and Figs. 1-2 - “Removal of the device yields a cavity 30, as shown in FIG. 4, in the top of the candle, exposing the upper portion of the wick 14 previously within the removed device, and allowing the candle to be relit”).
Feuer fails to explicitly teach of situating the wick assembly at least partially within the flammable medium while the flammable medium is in an at least semi-liquid state and of solidifying the flammable medium to an at least semi-solid state thereafter with a first portion of the wick assembly within the flammable medium and a second portion of the wick assembly outside the flammable medium.
Pesu discloses a relatable candle apparatus (70) and method for making the same (see at least [0058], [0065] and Fig. 8A) that comprises a wick assembly (wick assembly comprising elements (10) and (30)) (see at least [0065] and Fig. 8A). Pesu teaches of situating the wick assembly at least partially within a flammable medium (100) while the flammable medium is in an at least semi-liquid state (see at least [0058] and Fig. 8A - “liquid candle fuel 100 is poured into the container 20 around the wick holder 10 and wick 30 until the top surface 105 of the candle is at a desired level”) and of solidifying the flammable medium to an at least semi-solid state thereafter (see at least [0058] and Fig. 8A - “The candle fuel 100 is allowed to solidify around the wick 30 in the container 20 before it is used by lighting the wick 30.”) with a first portion of the wick assembly within the flammable medium and a second portion of the wick assembly outside the flammable medium (as is shown in Fig. 8A) (see at least [0058] and Fig. 8A). Pesu teaches that doing is advantageous because, inter alia, it provides means for “solidifying” the wick assembly within the desired position within the candle (see at least [0058] and Fig. 8A).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Feuer by configuring the method to include situating the existing wick assembly at least partially within the flammable medium while the flammable medium is in an at least semi-liquid state and of solidifying the flammable medium to an at least semi-solid state thereafter with a first portion of the wick assembly within the flammable medium and a second portion of the wick assembly outside the flammable medium as is taught by Pesu. Doing so would have provided means for “solidifying” the wick assembly within the desired position within the candle. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 20: Feuer and Pesu teach the method of Claim 19 (see the rejection for Claim 19).
Feuer fails to explicitly teach that forming the wick assembly further comprises providing a base member comprising a base, a hollow riser coupled with the base of the base member and an opening at an end of the hollow riser of the base member; passing the bottom end of the wick through the opening of the base member and through the hollow riser of the base member; and securing the bottom end of the wick to the base member; wherein positioning the wick assembly at least partially within the flammable medium comprises positioning the base member at least partially within the flammable medium. However, such configuration is also taught by Pesu.
Pesu also teaches of providing a base member (10) comprising a base (60), a hollow riser (62) coupled with the base of the base member and an opening at an end of the hollow riser of the base member (as is shown in Fig. 8A); passing the bottom end of the wick through the opening of the base member and through the hollow riser of the base member (as is shown in Fig. 8a); and securing the bottom end of the wick to the base member (by being “crimped” - see at least [0065] and Fig. 8A); wherein positioning the wick assembly at least partially within the flammable medium comprises positioning the base member at least partially within the flammable medium (see [0065] and note that base (60) may be at least “slightly encased within the fuel 100 against the holder bottom 19”) (see [0065] and Fig. 8A). Pesu teaches that such a base member is advantageous because, inter alia, it “causes the flame on the wick to extinguish when it reaches the holder, thereby preventing flashover of the residual candle fuel at the end of the candle useful life” (see at least Abstract, [0065] and Fig. 8A).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified the combined method by configuring the method to comprise providing a base member comprising a base, a hollow riser coupled with the base of the base member and an opening at an end of the hollow riser of the base member; passing the bottom end of the wick through the opening of the base member and through the hollow riser of the base member; and securing the bottom end of the wick to the base member; wherein positioning the wick assembly at least partially within the flammable medium comprises positioning the base member at least partially within the flammable medium as is also taught by Pesu. Doing so would have provided a holder for the wick that would have been able to extinguish flame when it reaches the holder, thereby preventing flashover of residual candle fuel at the end of the candle’s useful life. Note that such modification would have necessarily resulted in the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is considered relevant to this application in terms of structure and use:
Hurst et al. (US 9,523,063 B2)
McShane (US 2008/0268391 A1)
Keiffer et al. (US 2005/0277075 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN W JOHNSON whose telephone number is (571)272-8523. The examiner can normally be reached M-F, 7:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 6/18/2026
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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