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.
Claim(s) 1-3 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garces et al. (US 2021/0212329) in view of Park (US 2009/0107188).
Regarding claim 1, Garces et al. discloses “an indoor smoker defining a vertical direction, a lateral direction, and a transverse direction” (abstract and fig.1, 100 shows an indoor smoker having a length, width and height (see fig.1, item L, item V and item T)), the indoor smoker comprising:
“a cabinet” (102);
“a smoking chamber” (120) positioned within “the cabinet” (102);
“a smoke generating assembly” (150) “configured for selectively smoldering combustible material to create a flow of smoke” ([0030] Referring still to FIG. 3, smoke generating assembly 150 generally defines a smoldering chamber 160 which is configured for receiving combustible material 162. With respect to “the smoldering combustible material” is considered as article to worked upon the apparatus. MPEP 2115), wherein “the combustible material is discharged through a discharge port” (fig.4, 250. [0044], i.e., smoke barrel 230 may further define a discharge port 250 at second end 234 of smoke barrel 230 for discharging consumed combustible material 162); and
“a water extinguishing assembly” (270) comprising:
“a container docking station” (annotated fig.5) positioned below “the discharge port” (fig.5, 250),
“a water container” (fig.5, 270 pointed at the water container) configured for receipt within “the container docking station” (annotated fig.5),
Garces et al. is silent regarding the container docking station comprising a first docking connector; the water container comprising a first container connector configured for electrically connecting to the first docking connector when the water container is in an installed position.
Park teaches “the container docking station” (a portion of an outer housing 10 for holding 80 (examiner noted that 80 cannot float in the air) in a space formed by the outer housing and the plug of a controller (para.0078) collectively forms a container docking station) comprising “a first docking connector” ([0078], i.e., a plug (not shown) of a controller);
“the water container” (80) comprising “a first container connector” (fig.6, 190 includes, 192, 194, 196 and 198) “configured for electrically connecting to the first docking connector” ([0078] In this embodiment, the level sensor 190, as shown in FIG. 5, includes at least one electrode 192 as a conductor for detecting the level of the water in the case 182, and a level sensor housing 194 integrally formed with the electrode by insert molding. Here, level sensor housing 194 includes a socket 196 into which a plug (not shown) of a controller is inserted and a covering part 198 for covering the electrode 192. Examiner noted that a plug refers to the first docking connector) “when the water container is in an installed position” (fig.1, 80 shows the water container is in an installed position). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Garces et al. with Park, by adding Park’s water level sensor 192 to Garces et al.’s water container, to prevent overflow and monitor usage and ensure safety.
Regarding claim 2, modified Garces et al. discloses “the first container connector comprises a first contact and a second contact that extend from an interior reservoir of the water container to an outer wall of the water container” (Park, fig.6 shows the first container connector comprises a first contact 198 and a second contact (another 198) that extend from an interior reservoir of the water container to an outer wall of the water container).
Regarding claim 3, modified Garces et al. discloses “the first contact and the second contact are configured to close a circuit when water in the water container is at or above the first contact and the second contact” (Park, fig.6 shows the first container connector comprises a first contact 198 and a second contact (another 198) using electrodes by closing an electrical circuit when the conductive liquid (like tap water) contacts the electrodes. The water acts as a conductive bridge between a detection electrode and a ground/reference electrode, allowing a small current to flow, which triggers the sensor's signal).
Regarding claim 12, modified Garces et al. discloses “the smoke generating assembly” (Garces et al., 150) comprises: “a smoke barrel defining a smoldering chamber that extends between a first end and a second end along a central axis” (Garces et al., smoke generating assembly 150 generally includes a smoke barrel 230 that defines smoldering chamber 160; smoke barrel 230 extends between a first end 232 and a second end 234 substantially along a central axis 236), “the smoke barrel being configured for receiving the combustible material” (Garces et al., [0042], i.e., In general, smoke barrel 230 is configured for receiving the combustible material 162); “an auger positioned within the smoke barrel and being rotatable about the central axis for selectively urging the combustible material from the first end toward the second end of the smoldering chamber” (Garces et al., [0043] Smoke generating assembly 150 further includes a rotating auger 240 that is rotatably mounted within smoldering chamber 160 and generally rotates about central axis 236, e.g., such rotating auger 240 is a coaxial with smoke barrel 230. As shown, an outer diameter of rotating auger 240 is substantially equivalent to an inner diameter of smoke barrel 230, such that a helical blade 242 of rotating auger 240 may advance combustible material 162 within smoldering chamber 160 as rotating auger 240 is rotated about central axis 236. More specifically, the combustible material 162 is generally urged from first end 232 toward second end 234 of smoke barrel 230); and “a smoldering heater in thermal communication with the smoke barrel for smoldering the combustible material as the auger advances the combustible material past the smoldering heater” (Garces et al., [0045] As best shown in FIG. 6, smoke generating assembly 150 includes one or more smoldering heaters 252 which are positioned in smoldering chamber 160 or otherwise placed in thermal communication with combustible material 162 stored in smoldering chamber 160 for smoldering combustible material 162.).
Regarding claim 13, modified Garces et al. discloses “the discharge port is positioned proximate the second end of the smoke barrel and within or over the water container when the water container is in the installed position” (Garces et al., smoke barrel 230 may further define a discharge port 250 at second end 234 of smoke barrel 230 for discharging consumed combustible material 162. Fig.5 shows discharge port 250 over the water container 270 when water container 270 is in the installed position).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garces et al. (US 2021/0212329) in view of Park (US 2009/0107188) as applied in claims 1-3 and 12-13 above, and further in view of Jung et al. (US 12,252,834).
Regarding claim 4, modified Garces et al. discloses the first docking connector.
However, modified Garces et al. is silent regarding the first docking connector comprises a first contact that is electrically connected to the first contact of the first container connector and a second contact that is electrically connected to the second contact of the first container connector when the water container is in the installed position.
Jung et al. teaches “the first docking connector comprises a first contact” (one of 272a) that is electrically connected to “the first contact of the first container connector” (one of 262a) and “a second contact” (another one of 272a) that is electrically connected to “the second contact of the first container connector” (another one of 262a) “when the water container is in the installed position” (fig.9B, item (b) shows the water container 221 is in the installed position). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Garces et al. with Jung et al., by modifying Jung et al.’s connectors according to Garces et al.’s connectors, to provide secure power, ground and signal paths ensuring accurate noise-free data transmission between sensors and controller.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garces et al. (US 2021/0212329) in view of Park (US 2009/0107188) as applied in claims 1-3 and 12-13 above, and further in view of Evans (US 2014/0096687).
Regarding claim 5, modified Garces et al. discloses all the features of claim limitations as set forth above except for the container docking station further comprises a docking magnet and the water container further comprises a container magnet, and wherein a magnetic force between the docking magnet and the container magnet secures the water container in the container docking station in the installed position.
Evans teaches “the container docking station further comprises a docking magnet and the water container further comprises a container magnet, and wherein a magnetic force between the docking magnet and the container magnet secures the water container in the container docking station in the installed position” ([0024], i.e., The switchable magnetic means in the form of a switchable permanent magnet holding device may have two or more configurations, each configuration providing a different magnetic force acting between the mixing bowl and the base. The magnetic means may be part of the base 110, the mixing bowl 120, and/or part of both the base 110 and the mixing bowl 120. [0056], i.e., Said force may, nonetheless, be sufficiently large so that, the mixing bowl 120 maintains its orientation with regard to the base in the connected position). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Garces et al. with Evans, by adding Evans magnets to Garces water container and docket station for maintain orientation in a connected position (para.0056) as taught by Garces.
Regarding claim 6, modified Garces et al. discloses “the docking magnet and the first docking connector form a single unit mounted in a rear wall of the container docking station and the container magnet and the first container connector form a single unit mounted in ” ([0024], i.e., The switchable magnetic means may be a switchable permanent magnet holding device. The switchable magnetic means in the form of a switchable permanent magnet holding device may have two or more configurations, each configuration providing a different magnetic force acting between the mixing bowl and the base. The magnetic means may be part of the base, the mixing bowl, and/or part of both the base and the mixing bowl. Fig.1D, at least one of 116 neodymium magnets 116). Examiner noted that even though Evans does not explicitly teach or suggest the location of the magnet in rear wall of the water container. However, it would have been obvious that the location of the magnet in rear wall of the water container in order to interact with magnet in a rear wall of container docking station. See MPEP 2143, I, D, i.e., Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. Thus, it would have been obvious that the location of the magnet in rear wall of the water container to align the magnet in a rear wall of the container docking station in order to properly hold each other because the requirement for magnets on two components to align is based on the fundamental principle of magnets is that opposite poles attract (North to South) each other. MPEP 2144, i.e., The rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garces et al. (US 2021/0212329) in view of Park (US 2009/0107188) as applied in claims 1-3 and 12-13 above, and further in view of Moore, JR. et al. (US 2004/0226934)
Regarding claim 7, modified Garces et al. discloses “a controller electrically coupled to the first docking connector, the controller being configured to: detect electrical discontinuity at the first docking connector” (Park, [0078], i.e., a plug (not shown) of a controller. The plug of the controller refers to the first docking connector. The controller is to connect with the sensor 190 includes 192, 194, 196 and 198. The water level sensor having electrode that is capable of detect electrical discontinuity when an electrode water level sensor in an open circuit).
Modified Garces et al. is silent regarding the controller being configured to: provide a user notification that the water container needs to be refilled or properly installed.
Moore, JR. et al. teaches “the controller being configured to: provide a user notification that the water container needs to be refilled or properly installed” ([0033], i.e., Water level is maintained by the water level sensors 8. If the water level sensors 8 fail then maximum water level is controlled by overflow tube 15. Water level inside the steam generating space 11 is detected by two water level sensors 8 … When this lower probe does not sense the presence of water in the steam generator, the water level board will disable the steamer and notify the user that service is required). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Garces et al. with Moore, JR. et al., by incorporate Moore’s control algorithm to Garces et al.’s controller, to notify the user when the refill or service is required (para.0033) as taught by Moore, JR. et al.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Response to Arguments
Applicant's arguments filed on 05/21/2026 have been fully considered but they are not persuasive.
Applicant argues “Independent claim 1 currently recites a container docking station comprising a first docking connector and a water container comprising a first container connector configured for electrically connecting to the first docking connector when the water container is in an installed position. The Office Action acknowledges that Garces does not disclose this limitation but contends that Park cures this deficiency. Office Action, page 5. However, Applicant respectfully submits that Park is not analogous art to the present subject matter and is therefore improperly cited in the obviousness rejection. See MPEP 2141.01(a) ("In order for a reference to be proper for use in an obviousness rejection under 35 U.S.C. 103, the reference must be analogous art to the claimed invention."). In this regard, "a reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention; or (2) the reference is reasonably pertinent to the problem faced by the inventor." Id. Applicant notes that the claimed invention resides in the field of indoor cooking appliances, specifically food smokers, and more narrowly, systems for extinguishing and collecting spent combustible material (e.g., hot ash) from such appliances. By contrast, Park discloses a steam generator for a home appliance, such as a washing machine or dishwasher (Park, [0001]). The purpose of Park's device is to generate clean steam for washing textiles or sanitizing dishes. These fields are fundamentally distinct. One relates to cooking food via smoke and managing hot combustion waste. The other relates to aqueous cleaning and sanitization. They do not share a common purpose, classification, or function. Therefore, Park is not in the same field of endeavor. Thus, according to the rules set forth in the MPEP, Park is a proper reference for use in an obviousness rejection only if the reference is "reasonably pertinent to the problem faced by the inventor." In order for a reference to be "reasonably pertinent," the reference must "logically [] have commended itself to an inventor's attention in considering his problem." In re ICON Health and Fitness, Inc., 496 F.3d 1374, 1379-80 (Fed. Cir. 2007) (quoting In re Clay, 966 F.2d 656, 658 (Fed. Cir. 1992)).
In response, examiner respectfully disagrees because Garces et al. already teaches the water extinguishing assembly having a container docking station and water container. Park is only used to teach a docking connector for docking station and a first connector for water container. In this case, (2) the reference is reasonably pertinent to the problem faced by the inventor because the purpose of instant application having connectors is to facilitate transferring liquid. Park teaches connectors is also facilitate transferring liquid.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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, Edward Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
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