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 .
Election/Restrictions
Applicant’s election is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/16/2026.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mathews (20180148659) in view of Saito (4756719) and French Patent (FR 2564851)
Regarding claims 1-9, Mathews discloses a combustible fuel material for fire starting (element 120) that includes a combination of materials such as paraffin wax, cotton, petroleum jelly (meets oil limitation as shown by claim 3), and wood chips or pellets (0039 and 0052).
Saito discloses a fire-starting mixture (col. 5, lines 17-25) that can include petroleum solvent, plant fiber material such as sawdust, metal powder including aluminum or magnesium, and dye (meets colorant limitation) (abstract). Saito indicates that the combustibility and flame brightness can be varied by adding a fine metal powder such as of aluminum or magnesium to the fuel composition.
The French patent discloses the addition of rosin (meets claimed pine rosin material) to a fire starter that includes sawdust and indicates that it is known to impregnate the fiber with rosin or paraffin in a fire starter.
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to include the metal powder taught by Saito in the composition of Mathews since both are used as fire starting mixtures and since Saito suggests that the combustibility and flame brightness can be varied by adding a fine metal powder such as of aluminum or magnesium to the fuel composition. It is also obvious to use the dye disclosed by Saito to color the fire starting composition and the rosin of the French patent since both Saito and the French patent disclose that these additives can be used with a fire starting composition and since Mathews indicates that “it should be appreciated that, under appropriate circumstances, considering such issues as user preferences, design preference, structural requirements, marketing preferences, cost, available materials, technological advances, etc., other fuel such as, for example, oils, petroleum distillates, sawdust, alcohols, etc., may be sufficient.” (0052). Further, the French patent discloses that it is known to impregnate the wood fibers with rosin or paraffin and thus it would be obvious to include such impregnated wood fibers with the invention of Mathews since Mathews also relates to a fire starter that uses wood chips and paraffin.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734
