Prior art

To identify the most relevant prior art for US patent 8524300, I will examine the patent citations listed within the patent itself. These are typically the references considered by the patent examiner during prosecution and are therefore highly relevant.

Here's an analysis of the cited prior art from US patent 8524300:

Most Relevant Prior Art for US Patent 8524300

The patent document for US8524300B1 lists 14 patent citations. Several of these are explicitly discussed in the "Background Art" section as being relevant to the field of novelty confectionery devices and efforts to enclose unconsumed confectioneries. The inventors of US8524300 specifically identify a "need for a closed retracted confectionery that will automatically retract the exposed confectionery and close once the consumer releases the actuator" as a disadvantage of previous designs. This suggests that prior art lacking this automatic retraction and closure feature would be particularly relevant for distinguishing the claimed invention.

Based on the patent's own discussion, the most relevant prior art references appear to be:

1. US 5,531,318 A to Coleman et al.

   • Full Citation: Coleman et al. U.S. Pat. No. 5,531,318, issued Jul. 2, 1996.
   • Publication/Filing Date: Publication date: July 2, 1996. Filing date: March 23, 1995.
   • Brief Description: This patent shows a housing for replaceable hard candy with a split cap or top that is spring biased to close once the candy is manually retracted.
   • Potential Anticipation (35 U.S.C. § 102): The patent itself notes a key distinction: in Coleman et al. ('318), "the candy is manually retracted," implying the closure is not automatic upon release of an actuator. US8524300's independent claims (Claims 1, 8, 12) all explicitly include a "bias urging the shaft and the confectionery into the retracted position below the closed hinged covers" and specify that this bias "is positioned to be increased when the actuator moves the shaft from the retracted position to the extended position" (Claim 1), or more specifically, that a spring is "pushed into compression" (Claim 8) or "pulled into compression" (Claim 12) when the actuator moves the shaft to the extended position, resulting in automatic retraction and closure upon release. Therefore, Coleman et al. ('318) would likely not anticipate the automatic retraction and closure feature upon release of the actuator. However, elements such as a housing, hinged covers, a shaft, and a confectionery are present and would be considered relevant for obviousness arguments.

2. US 6,136,352 A to Silverstein et al.

   • Full Citation: Silverstein et al. U.S. Pat. No. 6,136,352, issued Oct. 24, 2000.
   • Publication/Filing Date: Publication date: October 24, 2000. Filing date: July 20, 1999.
   • Brief Description: This patent shows an upwardly spring biased hard candy in a cylindrical barrel with a removable cap.
   • Potential Anticipation (35 U.S.C. § 102): While it features an "upwardly spring biased hard candy," the description mentions a "removable cap" rather than hinged covers that automatically close with the retraction of the confectionery. The absence of hinged covers and the automatic closing mechanism (as defined in Claims 1, 8, and 12) suggests it would not directly anticipate these features.

3. US 5,913,453 A to Coleman et al.

   • Full Citation: Coleman et al. U.S. Pat. No. 5,913,453, issued Jun. 22, 1999.
   • Publication/Filing Date: Publication date: June 22, 1999. Filing date: April 15, 1997.
   • Brief Description: A replaceable lollipop is received atop a cylindrical dispenser for small pieces of candy or gum with a slotted dispensing shaft that is pressed upwardly against the bias of a spring into the small pieces to dispense them through the shaft.
   • Potential Anticipation (35 U.S.C. § 102): This reference describes a spring-biased dispensing shaft and a confectionery. However, it's focused on dispensing small pieces of candy or gum, and the mechanism for covering the confectionery isn't described as hinged covers automatically closing upon retraction, as claimed in US8524300. It would be highly relevant for the concept of a spring-biased shaft and an actuator.

4. US 6,763,681 B1 to Klundt.

   • Full Citation: Klundt U.S. Pat. No. 6,763,681, issued Jul. 20, 2004.
   • Publication/Filing Date: Publication date: July 20, 2004. Filing date: December 21, 2001.
   • Brief Description: This patent shows a ring, wearable by the user, with a spring connecting a holder for a lollipop.
   • Potential Anticipation (35 U.S.C. § 102): This patent is described as a "ring, wearable by the user," and while it has a spring and a lollipop holder, it doesn't appear to include a housing, hinged covers, or the specific retraction and automatic closure mechanism described in US8524300. It would be relevant for general novelty confectionery items with spring mechanisms.

Other Cited Patent References (less explicitly discussed in Background Art but still relevant for comprehensive analysis):

• US 2,443,361 A to Satz Frank

  • Full Citation: US2443361A.
  • Publication/Filing Date: Publication date: June 15, 1948. Priority date: August 21, 1945.
  • Brief Description: Article holder.
  • Potential Anticipation (35 U.S.C. § 102): Without more detailed information on its mechanism, it's difficult to assess direct anticipation. However, as an "article holder," it might disclose a housing or a basic retractable mechanism that could be relevant for obviousness arguments.

• US 2,552,697 A to Charles M Tursky

  • Full Citation: US2552697A.
  • Publication/Filing Date: Publication date: May 15, 1951. Priority date: January 10, 1947.
  • Brief Description: Lipstick holder.
  • Potential Anticipation (35 U.S.C. § 102): Lipstick holders are a common example of retractable devices. This patent could be relevant for general retractable mechanisms, particularly those involving a shaft within a housing, as well as the concept of covering and uncovering an item. It's unlikely to anticipate the specific hinged covers and automatic closure tied to a confectionery as claimed in US8524300.

• US 2,610,732 A to Verna E Calhoun

  • Full Citation: US2610732A.
  • Publication/Filing Date: Publication date: September 16, 1952. Priority date: December 21, 1949.
  • Brief Description: Receptacle for lipstick holders and lipsticks.
  • Potential Anticipation (35 U.S.C. § 102): Similar to US2552697A, this would be relevant for the broader concept of enclosing and storing items, especially in the context of retractable cosmetic devices.

• US 2,626,049 A to Charles M Tursky

  • Full Citation: US2626049A.
  • Publication/Filing Date: Publication date: January 20, 1953. Priority date: July 5, 1947.
  • Brief Description: Dispenser for lipsticks and the like.
  • Potential Anticipation (35 U.S.C. § 102): Again, relevant for retractable dispensing mechanisms and enclosure, but likely not specific to confectionery and automatic hinged cover closure.

• US 3,192,552 A to King Harold Lawrence

  • Full Citation: US3192552A.
  • Publication/Filing Date: Publication date: July 6, 1965. Priority date: March 15, 1963.
  • Brief Description: Liquid applicator.
  • Potential Anticipation (35 U.S.C. § 102): Liquid applicators may have retractable elements, but their specific mechanisms and purpose differ significantly from a confectionery device with hinged covers.

• US 4,838,722 A to A.W. Faber-Castell Unternehmensverwaltung Gmbh & Co.

  • Full Citation: US4838722A.
  • Publication/Filing Date: Publication date: June 13, 1989. Priority date: July 13, 1985.
  • Brief Description: Device for dispensing flowable substances.
  • Potential Anticipation (35 U.S.C. § 102): Similar to liquid applicators, this would be relevant for general dispensing mechanisms but unlikely to anticipate the specific features of US8524300.

• US 5,131,774 A to Georg Karl Geka-Brush Gmbh

  • Full Citation: US5131774A.
  • Publication/Filing Date: Publication date: July 21, 1992. Priority date: June 16, 1988.
  • Brief Description: Applicator pen for liquids.
  • Potential Anticipation (35 U.S.C. § 102): Another retractable applicator, relevant for general mechanical principles but not the specific confectionery application.

• US 6,530,709 B1 to Pamela D. Washington

  • Full Citation: US6530709B1.
  • Publication/Filing Date: Publication date: March 11, 2003. Priority date: November 30, 2000.
  • Brief Description: Nail polish applicator.
  • Potential Anticipation (35 U.S.C. § 102): Similar to other applicator patents, general retractable mechanisms might be found here, but not the specific combination for a covered retracted confectionery.

• US 7,331,730 B2 to Pentel Kabushiki Kaisha

  • Full Citation: US7331730B2.
  • Publication/Filing Date: Publication date: February 19, 2008. Priority date: November 18, 2002.
  • Brief Description: Retractable writing material.
  • Potential Anticipation (35 U.S.C. § 102): This could be very relevant for the general concept of a retractable mechanism operated by a slideably mounted actuator and a bias. However, the specific application to confectionery with hinged covers that automatically close upon retraction would likely be a distinguishing feature. The "PEN POP" product mentioned in the background art of US8524300 also combined a pen and a lollipop, showing the concept of retractable writing materials combined with other items.

• US 2009/0097899 A1 to Craig Carroll

  • Full Citation: US20090097899A1.
  • Publication/Filing Date: Publication date: April 16, 2009. Priority date: October 16, 2007.
  • Brief Description: Retractable Substance Dispenser.
  • Potential Anticipation (35 U.S.C. § 102): This broad title suggests it could contain elements of a retractable dispenser, which would be highly relevant for the overall mechanism. The specifics of the substance, the covers, and the automatic closure would determine direct anticipation.

Summary of Anticipation and Obviousness:

None of the cited prior art references, as described within US8524300's "Background Art" or by their titles, explicitly disclose all elements of the independent claims (Claims 1, 8, and 12) of US8524300, particularly the combination of hinged covers that are closed by a flange on a retracted shaft, an external slideable actuator, and a bias that automatically retracts the shaft and closes the covers upon release of the actuator. This "automatic retraction and closure" upon release of the actuator is explicitly highlighted by US8524300 as a key improvement over the prior art, where consumers "had to remember to manually move the actuator down to again cover the confectionery after it was exposed and partially consumed."

Therefore, a direct anticipation under 35 U.S.C. § 102 by any single prior art reference is unlikely based on the available information. However, many of these references contain elements that would be highly relevant for an obviousness analysis under 35 U.S.C. § 103, particularly those disclosing retractable mechanisms, spring biases, and enclosures for various items. For example, combining the retractable candy holder of Coleman et al. ('318) with the automatic spring biasing of other retractable devices could be argued for obviousness.