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 § 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) 21-34 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauswell et. al (US 2017/0254532 A1) in view of Chartrand et. al (US 8,337,057 B2) in view of Pernici (US 2,696,097).
With respect to claim 21 Bauswell discloses a living flame platform, comprising: an outer shell [reference character 2] having a hollow interior connecting a first opening at an upper end of the outer shell [see Fig. 2A]; an inner cover [reference character 31] positioned at least partially within the hollow interior of the outer shell and having a hollow inner volume [see Fig. 2A]; a fuel source [reference character 6] positioned within the hollow inner volume of the inner cover; and an ignition assembly [reference character 41a] positioned within the hollow inner volume of the inner cover, wherein the ignition assembly comprises a wick [reference character 41a] that is positioned in the fuel source with an exposed portion of the wick extending from an upper end of the fuel source.
Bauswell does not disclose that the fuel source further includes a first set of threads thereon for repeatable engagement with a corresponding second set of threads of the inner cover so as to allow the fuel source to be removably secured within the hollow inner volume of the inner cover.
Chartrand discloses a lighting device [see Fig. 6] where the lighting element, analogous to the fuel source, [reference character 200] where the lighting element has external threads [see Fig. 4] which engage with internal threads in the candle shell [reference character 300, see Fig 6] to secure the lighting element within the candle shell.
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 Bauswell by securing the fuel source within the inner shell using a threaded connection, as taught by Chartrand, since the use of threaded connection allows for secure engagement, accurate positioning, and easy removal and replacement.
Additionally, Bauswell does not disclose a lower section of the fuel source includes a space configured to accept a pillar spike.
Pernici discloses a candlestick that includes a fuel source [reference characters 2 and 3] where the fuel source includes a space [see Fig. 3] configured to accept a pillar candle spike [reference character 5].
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 Bauswell to include a space to accept a pillar candle spike, as taught by Pernici, in order to properly locate the candle spike in the center of the candle.
With respect to claim 22 Bauswell discloses that the fuel source has a cylindrical shape [see Fig. 1].
With respect to claim 23 Bauswell discloses a first section of the fuel source has a first diameter that is different from a second diameter of a second section of the fuel source [see annotated Fig. below].
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With respect to claim 24 Bauswell discloses that the outer shell is replaceable1.
With respect to claim 25 Bauswell discloses that the inner cover is coupled with a plate [see annotated Fig. below] having a hollow channel through a mid-section thereof, and wherein an upper section of the fuel source extends through the hollow channel.
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With respect to claim 26 Bauswell discloses that the fuel source is configured to hold a liquid fuel material, the fuel material comprising at least one of an essential oil or a liquid paraffin [see paragraphs 0045-0046].
With respect to claim 27 Bauswell discloses that the fuel material in the fuel source is refillable [paragraph 0058].
With respect to claim 28 Bauswell discloses a top cover [reference character 32] removably positioned on an upper portion of the inner cover.
With respect to claim 29 Bauswell discloses an ignitor mount [reference character 35] positioned within the hollow inner volume of the inner cover, the ignitor mount having a hollow channel [see annotated Fig. below] through the ignitor mount, and a side wall [reference character 36] around the hollow channel through the ignitor mount, wherein the side wall has a groove [see annotated Fig. below] around the hollow channel through the ignitor mount.
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With respect to claim 30 Bauswell discloses that the ignition assembly is coupled to an ignition control system [reference character 21a] which is electronically controlled.
With respect to claim 31 Bauswell discloses at least one sensor [reference characters 15-16, 45 and 46], wherein the at least one sensor is coupled to a control system [reference characters 38-39] which is electronically controlled.
With respect to claim 32 Bauswell discloses that the at least one sensor comprises an infrared (IR) sensor, or a thermopile sensor [see paragraph 0065].
With respect to claim 33 Bauswell discloses that the proximity sensor comprises a magnetic based proximity sensor, or a visual based proximity sensor [see paragraph 0047].
With respect to claim 34 Bauswell discloses the control system comprises an ignition control system [reference character 21], an extinguisher system [reference character 22], an infrared (IR) remote control system [reference character 23], a timer [reference character 24], a fuel control system [reference character 25].
With respect to claim 36 Bauswell discloses that a thermo-electric charging system [reference character 27] installed alone or in combination with a battery [reference character 26] and configured to produce electrical current using heat produced by a burning fuel.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauswell et. al (US 2017/0254532 A1) in view of Chartrand et. al (US 8,337,057 B2) in view of Pernici (US 2,696,097) and further in view of Angelotti (US 2019/0293250 A1).
With respect to claim 35 Bauswell does not disclose a Universal Serial Bus (USB) port configured to provide power to the living flame candle platform and/or to charge a battery. Bauswell does disclose a battery [reference character 26] but is silent as to how the battery is recharged or replaced.
Angelotti discloses a simulated candle device which includes a battery [reference character 29] and includes a USB port [see paragraph 0088] that allows for recharging of the battery.
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 Bauswell by providing a USB port to charge the internal battery, as taught by Angelotti, in order to allow for recharging of the battery without removing the battery.
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, 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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/VIVEK K SHIRSAT/ Primary Examiner, Art Unit 3762
1 Since the smart candle system is an assembly a person having ordinary skill in the art would recognize that the outer shell could be replaced.
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