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 Objections
1. The claims listed below are objected to because of the following informalities:
In Claim 18, change “the open-top receptacle” to -- the receptacle --
In Clam 20, the 2nd to last line, change “the firewood logs” to -- the other firewood logs --
Appropriate correction is required.
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 8-9 and 14-18 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 pre-AIA the applicant regards as the invention.
Regarding Claim 8: Claim 1 on which Claim 8 depends recites the limitation “each of the at least three legs sharing a common base with the central basin” and Claim 8 proceeds to recite the limitation “wherein the base of each of the at least three legs has at least one support foot” which is considered indefinite because only one common base shared between the at least three legs and the central basin has been established. Thus, there is insufficient antecedent basis for “the base of each of the at least three legs” and it is unclear if “the base of each of the at least three legs” is referring to the already established shared common base, to a portion of the shared common base, to an additional set of three other distinct bases (i.e., one base for “each of the at least three legs”) or to something else altogether. Note that the specification fails to clarify this issue. The metes and bounds of the claim are consequently unclear.
Claim 9 is rejected due to its dependency on Claim 8.
Claim 14 recites the limitation “a receptacle having at least three legs and a central basin sharing a common base” and proceeds to recite “the base of each of the at least three legs curving outwardly and downwardly from the central basin” which is considered indefinite because only one common base shared between the at least three legs and the central basin has been established. Thus, there is insufficient antecedent basis for “the base of each of the at least three legs” and it is unclear if “the base of each of the at least three legs” is referring to the already established shared common base, to a portion of the shared common base, to an additional set of three other distinct bases (i.e., one base for “each of the at least three legs”) or to something else altogether. Note that the specification fails to clarify this issue. The metes and bounds of the claim are consequently unclear.
Claims 15-18 are rejected due to their dependency on Claim 14.
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 1-5, 7 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 202012011017 U1 (hereinafter “DE017”) (see attached original document and translation for reference).
Regarding Claim 1, DE017 teaches of a reusable fire starter (Fig. 4) comprising:
an open-top receptacle (400) (see at least [0017], [0083] and Fig. 4 and note that element (400) has an open top as is shown in Fig. 4) made of a non-porous, high-temperature, and heat-resistant material (the material may be “aluminum” - see at least [0060] and Fig. 4) (Note that in light of the specification, a “non-porous, high-temperature, and heat-resistant material” is being interpreted as a material that has at least the porosity, temperature use range and resistance to deformation, etc. from heating as “stainless steel (such as 304 stainless steel, or any other stainless steel), carbon steel, cast iron, aluminum, galvanized steel, magnesium, titanium, copper, chromium, cement, silicon carbide, refractory concrete, or any combination thereof” (bolding added for emphasis). In the instant case, the material taught by DE017 is “aluminum” (see at least [0060]) which, in accordance with the specification, constitutes a “non-porous, high-temperature, and heat-resistant material” as claimed.), the open-top receptacle having at least three legs (400a, 400b, 400c) (see at least [0083] and Fig. 4) projecting radially outward from a central basin (the central basin disposed at the central intersection of legs 400a, 400b, 400c as shown in Fig. 4) (see at least [0017], [0083] and Fig. 4 and note that the central basin is configured to be filled with at least “fuel”), each of the at least three legs sharing a common base (the solid bottom base structure of element (400) as shown in Fig. 4 that holds “fuel”) (see at least [0017], [0077], [0083] and Fig. 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent base of Fig. 4 is shown as element (208) in Fig. 2) with the central basin (Note that in light of the specification, the limitation of “each of the at least three legs sharing a common base with the central basin” is being interpreted as each of the at least three legs and the central basin all having and sharing one common base structure. In the instant case, each of the at least three legs (400a, 400b, 400c) and the central basin (the central basin disposed at the central intersection of legs 400a, 400b, 400c as shown in Fig. 4) taught by DE017 all have/share one common base structure (the solid bottom base structure of element (400) as shown in Fig. 4 that holds “fuel”) (see at least [0017], [0083] and Fig. 4 and note that the solid base of element (400) as shown in Fig. 4 extends from the central basin to all legs to hold common “fuel” therein and accordingly constitutes “one common base structure” as claimed); DE017 accordingly teaches of “each of the at least three legs sharing a common base with the central basin” as claimed.), at least one wall (the outer vertical wall of element (400) as shown in Fig. 4) (see at least [0006], [0071], [0083] and Figs. 1, 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent wall of Fig. 4 is shown as element (102) in Fig. 1) extending upward from the common base (as is shown in Fig. 4) about each of the at least three legs and the central basin (Note that in light of the specification, “about” is being interpreted as “approximately, roughly, around, or in the region of”. In the instant case, the at least one wall extending upward from the common base taught by DE017 is (at least) around each of the at least three legs and the central basin (as is shown in Fig. 4) and accordingly extends upward from the common base about each of the at least three legs and the central basin as claimed.) to define an open-top burn chamber (as is shown in Fig. 4) (see at least [0017], [0083] and Fig. 4), wherein the burn chamber is configured to receive and hold a flammable substance (“fuel”) that may be lit (see at least [0017], [0057], [0083] and Fig. 4).
Regarding Claim 2, DE017 also teaches that the at least three legs and the common base defining the open-top burn chamber and the central basin (as shown in Fig. 4) form a generally polyhedral geometry (the at least three legs and the common base form the generally polyhedral geometry of a “shape of a Y” as shown in Fig. 4) (see at least [0083] and Fig. 4).
Regarding Claim 3, DE017 also teaches that the generally polyhedral geometry of the open-top burn chamber is Y-shaped (“shape of a Y” as shown in Fig. 4) (see at least [0083] and Fig. 4).
Regarding Claim 4, DE017 also teaches that the at least one wall comprises two side walls (as is shown in Fig. 4, each leg (400a, 400b, 400c) has two parallel side walls) and an end wall (the end wall that connects each side wall and is disposed directly across from the central basin as is shown in Fig. 4), the two sidewalls interconnected by the end wall (as is shown in Fig. 4), and the end wall being opposite from the central basin that joins the at least three legs (as is shown in Fig. 4) (see at least [0006], [0083] and Fig. 4).
Regarding Claim 5, DE017 also teaches that each of the two sidewalls and the end wall comprises a top rim (the top most portion of each of the two sidewalls and the end wall as shown in Fig. 4 forms a top rim as is shown in Fig. 4), and that the top rims of each of the two sidewalls are substantially co-planar with the top rim of the end wall (as is shown in Fig. 4) (see at least [0006], [0083] and Fig. 4).
Regarding Claim 7, DE017 also teaches that each of the at least three legs is spaced equidistantly from the other of the at least three legs (as is shown in Fig. 4) (see at least [0006], [0083] and Fig. 4).
Regarding Claim 10, DE017 also teaches that the receptacle (400) is configured to fit within a smokeless firepit or beneath a plurality of firewood logs (As can be observed in Fig. 4, a “plurality of firewood logs” could readily be disposed over top of the receptacle (400) due to its shape. Thus, the receptacle (400) is capable of, and thus configured to (at least), fit beneath a plurality of firewood logs.) (see at least [0006], [0083] and Fig. 4).
Regarding Claim 11, DE017 also teaches that the burn chamber is configured to receive and hold at least about 8 ounces (oz) of the flammable substance (“at least 400 cm³” of “fuel” (which is approximately 13.5 oz) which falls within the claimed range) (see at least [0056]-[0057], [0083] and Fig. 4).
Regarding Claim 12, DE017 also teaches that the 8 oz of the flammable substance is configured to burn for at least fifteen minutes (“at least 1 hour, preferably up to 4 hours” which falls within the claimed range) (see at least [0057], [0083] and Fig. 4).
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 6 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over DE017 in view of JP-3125640-U (hereinafter “JP640”) (see attached original document and translation for reference).
Regarding Claim 6, DE017 teaches the reusable fire starter of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that each of the at least three legs curves outwardly and downwardly from the central basin to form a downward concave curved shape.
JP640 discloses a relatable apparatus (Fig. 1) that holds ignitable fuel (“insect repellent candles, solid fuel, or short ranches”) in a central basin (central basin of element (3)) of a receptable (receptacle comprising element (3) as shown in Fig. 1) above a ground surface (as is shown in Fig. 1) (see at least the “TECH-PROBLEM” and “TECH-SOLUTION” sections on pgs. 2-3 of the attached translation and Fig. 1). JP640 teaches that each of at least three legs of the apparatus (the three legs (1) as shown in Fig. 1 that form a “tripod”) curve outwardly and downwardly from the central basin to form a downward concave curved shape that suspends the central basin above the ground surface (as is shown in Fig. 1) and that doing so, inter alia, is “gentle to the ground” (see at least the “TECH-SOLUTION” section on pgs. 2-3 of the attached translation and Fig. 1).
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 reusable fire start taught by DE017 by configuring the existing three legs to curve outwardly and downwardly from the existing central basin to form a downward concave curved shape as is taught by JP640. Doing so would have suspended the central basin, and any lit fire therein, above the ground surface and would have thereby made use of the apparatus gentle on the ground. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 14, to the extent that Claim 14 is understood in light of the 112(b) rejection set forth in this Office Action, DE017 teaches of a reusable fire starter (Fig. 4) comprising:
a receptacle (400) having at least three legs (400a, 400b, 400c) (see at least [0083] and Fig. 4) and a central basin (the central basin disposed at the central intersection of legs 400a, 400b, 400c as shown in Fig. 4) (see at least [0017], [0083] and Fig. 4 and note that the central basin is configured to be filled with at least “fuel”) sharing a common base (the solid bottom base structure of element (400) as shown in Fig. 4 that holds “fuel” and is shared by all legs and the central basin as is shown in Fig. 4) (see at least [0017], [0077], [0083] and Fig. 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent base of Fig. 4 is shown as element (208) in Fig. 2), the at least three legs projecting radially outward from the central basin (as is shown in Fig. 4), and each of the at least three legs spaced equidistantly from the other of the at least three legs (as is shown in Fig. 4) (see at least [0083] and Fig. 4); and
at least one wall (the outer vertical wall of element (400) as shown in Fig. 4) (see at least [0006], [0071], [0083] and Figs. 1, 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent wall of Fig. 4 is shown as element (102) in Fig. 1) extending upward from the base (as is shown in Fig. 4) about each of the at least three legs and the central basin (Note that in light of the specification, “about” is being interpreted as “approximately, roughly, around, or in the region of”. In the instant case, the at least one wall extending upward from the common base taught by DE017 is (at least) around each of the at least three legs and the central basin (as is shown in Fig. 4) and accordingly extends upward from the base about each of the at least three legs and the central basin as claimed.) to define a burn chamber (as is shown in Fig. 4) (see at least [0017], [0083] and Fig. 4), wherein the burn chamber is configured to receive and hold a flammable substance (“fuel”) (see at least [0017], [0057], [0083] and Fig. 4).
DE017 fails to explicitly teach that a base of each of the at least three legs curves outwardly and downwardly from the central basin to form a downward concave curve with respect to a surface upon which the receptacle may be placed.
JP640 discloses a relatable apparatus (Fig. 1) that holds ignitable fuel (“insect repellent candles, solid fuel, or short ranches”) in a central basin (central basin of element (3)) of a receptable (receptacle comprising element (3) as shown in Fig. 1) above a ground surface (as is shown in Fig. 1) (see at least the “TECH-PROBLEM” and “TECH-SOLUTION” sections on pgs. 2-3 of the attached translation and Fig. 1). JP640 teaches that each of at least three legs of the apparatus (the three legs (1) as shown in Fig. 1 that form a “tripod”) curve outwardly and downwardly from the central basin to form a downward concave curve shape that suspends the central basin above the ground surface (as is shown in Fig. 1) and that doing so, inter alia, is “gentle to the ground” (see at least the “TECH-SOLUTION” section on pgs. 2-3 of the attached translation and Fig. 1).
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 reusable fire start taught by DE017 by configuring the existing three legs to curve outwardly and downwardly from the existing central basin to form a downward concave curve shape with respect to the ground as is taught by JP640. Doing so would have suspended the central basin, and any lit fire therein, above the ground surface and would have thereby made use of the apparatus gentle on the ground. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 15, DE017 also teaches that the at least one wall comprises two side walls (as is shown in Fig. 4, each leg (400a, 400b, 400c) has two parallel side walls) and an end wall (the end wall that connects each side wall and is disposed directly across from the central basin as is shown in Fig. 4), and that each of the two sidewalls and the end wall comprises a top rim (the top most portion of each of the two sidewalls and the end wall as shown in Fig. 4 forms a top rim as is shown in Fig. 4), and that the top rims of each of the two sidewalls are substantially co-planar with the top rim of the end wall (as is shown in Fig. 4) (see at least [0006], [0083] and Fig. 4).
Regarding Claim 17, DE017 also teaches that the burn chamber is configured to receive and hold at least about 8 ounces (oz) of the flammable substance (“at least 400 cm³” of “fuel” (which is approximately 13.5 oz) which falls within the claimed range) (see at least [0056]-[0057], [0083] and Fig. 4).
Regarding Claim 18, DE017 also teaches that the receptacle comprises a non-porous, high-temperature, and heat-resistant material (the material may be “aluminum” - see at least [0060] and Fig. 4) (Note that in light of the specification, a “non-porous, high-temperature, and heat-resistant material” is being interpreted as a material that has at least the porosity, temperature use range and resistance to deformation, etc. from heating as “stainless steel (such as 304 stainless steel, or any other stainless steel), carbon steel, cast iron, aluminum, galvanized steel, magnesium, titanium, copper, chromium, cement, silicon carbide, refractory concrete, or any combination thereof” (bolding added for emphasis). In the instant case, the material taught by DE017 is “aluminum” (see at least [0060]) which, in accordance with the specification, constitutes a “non-porous, high-temperature, and heat-resistant material” as claimed.).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over DE017 in view of Toy (US 6,027,539).
Regarding Claim 8, to the extent that Claim 8 is understood in light of the 112(b) rejection set forth in this Office Action, DE017 teaches the reusable fire starter of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that a base of each of the at least three legs has at least one support foot.
Toy discloses a relatable fire starter apparatus (10) that holds a fuel (fuel comprising “wax”) to facilitate fire lighting of a wood (84) (see at least Col. 4 lines 7-19, Col. 5 lines 14-27 and Figs. 1-2, 4). The fire starter apparatus (10) comprises at least three legs (12) wherein a base of each of the at least three legs (lower base portion of each element (12) as shown in Figs. 2, 4) has at least one support foot (foot element (16) which contacts a supporting surface (60) and supports the fire starter apparatus (10)) (see at least Col. 4 lines 7-19 and Figs. 1-2, 4). Toy teaches that configuring the base of each of the at least three legs to have at least one support foot provides means for supporting the fire starter on a supporting surface (60) on which it is to be used (as shown in Fig. 1), wherein the support feet create air passages (58) to, inter alia, provide an enhanced “flow of air” to the fire starter apparatus (10) during use (see at least Col. 4 lines 7-19 and Figs. 1-2, 4).
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 DE017 by configuring a base of each of the existing at least three legs to have at least one support foot as is taught by Toy. Doing so would have provided means for supporting the fire starter on a supporting surface on which it is to be used and would have created air passages that would have provided an enhanced flow of air to the fire starter during use. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 9, Toy also teaches that the at least one support foot (16) that would be used in the combined apparatus is defined by a downward indentation into the base (as is shown in Figs. 2, 4) (see at least Col. 4 lines 7-19, Col. 5 lines 14-27 and Figs. 1-2, 4).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over DE017 in view of Marsland et al. (GB 2555760 A) (hereinafter “Marsland”) (see attached original document for reference).
Regarding Claim 13, DE017 teaches the reusable fire starter of Claim 1 (see the rejection for Claim 1) but fails to explicitly teach that the non-porous, high-temperature, and heat-resistant material of the receptacle comprises stainless steel.
Marsland discloses a relatable fire starting apparatus (Fig. 1) that comprises a receptacle (“liquid fuel burner box” (10)) that is configured to hold fuel therein (see at least Abstract, pg. 7 lines 12-15 and Fig. 1). Marsland teaches that the receptacle is formed of a non-porous, high-temperature, and heat-resistant material that comprises stainless steel (“stainless steel”) (see at least pg. 7 lines 12-15 and Fig. 1). Marsland teaches that using stainless steel is preferred for its “high strength and low weight” (see at least pg. 7 lines 12-15 and Fig. 1).
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 DE017 by configuring the existing non-porous, high-temperature, and heat-resistant material to comprise stainless steel based on the teachings of Marsland. Doing so would have made the material have high strength and low weight. Note that such modification would have necessarily resulted in the invention as claimed.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over DE017, JP640 and Toy.
Regarding Claim 16, DE017 and JP640 teach the reusable fire starter of Claim 14 (see the rejection for Claim 14 (see the rejection for Claim 14), but fail to explicitly teach that a base of each of the at least three legs has at least one downward indentation or groove defined by a downward indentation into the base, the at least one downward indentation or groove forming at least one support foot.
Toy discloses a relatable fire starter apparatus (10) that holds a fuel (fuel comprising “wax”) to facilitate fire lighting of a wood (84) (see at least Col. 4 lines 7-19, Col. 5 lines 14-27 and Figs. 1-2, 4). The fire starter apparatus (10) comprises at least three legs (12) wherein a base of each of the at least three legs (lower base portion of each element (12) as shown in Figs. 2, 4) has at least one downward indentation or groove (indentation within element (16)) defined by a downward indentation (indentation within element (16)) into the base (as is shown in Figs. 2, 4), the at least one downward indentation or groove forming at least one support foot (foot element (16) which contacts a supporting surface (60) and supports the fire starter apparatus (10)) (see at least Col. 4 lines 7-19 and Figs. 1-2, 4). Toy teaches that configuring the base of each of the at least three legs to have at least one support foot in this fashion provides means for supporting the fire starter on a supporting surface (60) on which it is to be used (as shown in Fig. 1), wherein the support feet create air passages (58) to, inter alia, provide an enhanced “flow of air” to the fire starter apparatus (10) during use (see at least Col. 4 lines 7-19 and Figs. 1-2, 4).
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 apparatus by configuring a base of each of the existing at least three legs to have at least one support foot formed by a downward indentation into the base as is taught by Toy. Doing so would have provided means for supporting the fire starter on a supporting surface on which it is to be used and would have created air passages that would have provided an enhanced flow of air to the fire starter during use. Note that such modification would have necessarily resulted in the invention as claimed.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over DE017 in view of DE 202016008223 U (hereinafter “DE223”) (see attached original document and translation for reference).
Regarding Claim 19, DE017 teaches of a method of starting and sustaining a fire (via element (400)) (see at least [0006], [0017], [0083] and Fig. 4), the method comprising:
providing a reusable fire starter (reusable fire starter shown in Fig. 4), the reusable fire starter comprising:
at least three legs (400a, 400b, 400c) (see at least [0083] and Fig. 4) projecting radially outward from a central basin (the central basin disposed at the central intersection of legs 400a, 400b, 400c as shown in Fig. 4) (see at least [0017], [0083] and Fig. 4 and note that the central basin is configured to be filled with at least “fuel”), each of the at least three legs sharing a common base (the solid bottom base structure of element (400) as shown in Fig. 4 that holds “fuel”) (see at least [0017], [0077], [0083] and Fig. 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent base of Fig. 4 is shown as element (208) in Fig. 2) with the central basin (Note that in light of the specification, the limitation of “each of the at least three legs sharing a common base with the central basin” is being interpreted as each of the at least three legs and the central basin all having and sharing one common base structure. In the instant case, each of the at least three legs (400a, 400b, 400c) and the central basin (the central basin disposed at the central intersection of legs 400a, 400b, 400c as shown in Fig. 4) taught by DE017 all have/share one common base structure (the solid bottom base structure of element (400) as shown in Fig. 4 that holds “fuel”) (see at least [0017], [0083] and Fig. 4 and note that the solid base of element (400) as shown in Fig. 4 extends from the central basin to all legs to hold common “fuel” therein and accordingly constitutes “one common base structure” as claimed); DE017 accordingly teaches of “each of the at least three legs sharing a common base with the central basin” as claimed.), and
at least one wall (the outer vertical wall of element (400) as shown in Fig. 4) (see at least [0006], [0071], [0083] and Figs. 1, 4 and note that while the embodiment of Fig. 4 is being relied upon in this rejection, the equivalent wall of Fig. 4 is shown as element (102) in Fig. 1) extending upward from the common base (as is shown in Fig. 4) about each of the at least three legs and the central basin (Note that in light of the specification, “about” is being interpreted as “approximately, roughly, around, or in the region of”. In the instant case, the at least one wall extending upward from the common base taught by DE017 is (at least) around each of the at least three legs and the central basin (as is shown in Fig. 4) and accordingly extends upward from the common base about each of the at least three legs and the central basin as claimed.) to define an open-top burn chamber (as is shown in Fig. 4) (see at least [0017], [0083] and Fig. 4);
at least partially filling the open-top burn chamber with a flammable substance (“fuel”) (see at least [0017], [0057], [0083] and Fig. 4); and
igniting the flammable substance within the open-top burn chamber of the reusable fire starter to create an ignition flame (“flame”) (see at least [0017], [0057], [0083] and Fig. 4).
DE017 fails to explicitly teach of placing a first plurality of firewood logs on top of the reusable fire starter and of using the ignition flame to light the first plurality of firewood logs and start a fire.
DE223 discloses a relatable ignition device (01) for igniting solid fuels (“stacked and laid firewood in the form of logs and pieces of wood”) and of a method for using the same (see at least [0010], [0031] and Fig. 1). DE223 teaches of placing a first plurality of firewood logs (“logs”) on top of the reusable fire starter (see at least [0010]-[0012], [0020] and Fig. 1) and of using an ignition flame from a fuel therefrom (ignition flame produced from “firelighters” such as “burning gels” disposed in receptacle (05)) (seat least [0024]-[0025], [0031] and Fig. 1) to light the first plurality of firewood logs and start a fire (see at least [0010]-[0012], [0020] and Fig. 1). Thus, DE223 teaches that using the device in this fashion enables the device to “ignite a fire using solid fuels, which are formed in particular by stacked and laid firewood in the form of logs and pieces of wood” (see at least [0010]).
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 DE017 by configuring the method to comprise placing a first plurality of firewood logs on top of the reusable fire starter and of using the existing ignition flame to light the first plurality of firewood logs and start a fire based on the teachings of DE223. Doing so would have enabled the ignition of solid fuel fire formed from stacked and laid firewood in the form of logs and pieces of wood. Note that such modification would have necessarily resulted in the invention as claimed.
Regarding Claim 20: The combination of DE017 and DE223 also teaches that the method further comprises:
waiting until the fire is fully extinguished (DE223 teaches that the receptacle in the combined method is designed to be “placed in a fire pit to ignite a fire using solid fuels, which are formed in particular by stacked and laid firewood in the form of logs and pieces of wood” (see [0010]) and is also designed for “repeated use” (see [0012]). DE223 accordingly teaches of waiting until the fire is fully extinguished before said “repeated use” wherein fuel is again “poured” into the receptacle to light another set of firewood logs. See at least [0010]-[0012], [0024]-[0025] and Fig. 1.);
at least partially refilling the burn chamber of the fire starter with the flammable substance (DE223 teaches that fuel is “poured” into the receptacle each time to light firewood logs - see at least [0010]-[0012], [0024]-[0025] and Fig. 1);
placing one or more other firewood logs on top of the reusable fire starter (DE223 teaches that the receptacle in the combined method is designed to be “placed in a fire pit to ignite a fire using solid fuels, which are formed in particular by stacked and laid firewood in the form of logs and pieces of wood” (see [0010]) and is also designed for “repeated use” (see [0012]). DE223 accordingly teaches of placing one or more other firewood logs on top of the reusable fire starter to facilitate said “repeated use”. See at least [0010]-[0012], [0020] and Fig. 1.); and
igniting the flammable substance within the open-top burn chamber of the reusable fire starter to create a subsequent ignition flame that can light the other firewood logs and sustain a subsequent fire (DE223 teaches that the receptacle in the combined method is designed to be “placed in a fire pit to ignite a fire using solid fuels, which are formed in particular by stacked and laid firewood in the form of logs and pieces of wood” (see [0010]) and is also designed for “repeated use” (see [0012]). DE223 accordingly teaches of igniting the flammable substance within the open-top burn chamber of the reusable fire starter to create a subsequent ignition flame that can light the other firewood logs and sustain a subsequent fire to thereby facilitate said “repeated use”. See at least [0010]-[0012], [0020] and Fig. 1.). Thus, the combination of DE017 and DE223 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:
Glass (US 6,227,190 B1)
Seera et al. (US 2019/0376692 A1)
Furner et al. (US 6,802,707 B2)
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.
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, 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.
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.
/BENJAMIN W JOHNSON/Examiner, Art Unit 3762 6/10/2026
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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