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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
The following action is in response to the applicant’s Amendment dated 7/8/2026, that was in response to the Office action dated 5/14/2026. Claims 1-21 are pending, while claim(s) 21 is new.
Response to Arguments
Applicant's arguments filed 7/8/2026 have been fully considered but they are not persuasive. The reasons for the applicant’s remarks not being persuasive are given below.
Applicant respectfully submits that Pan describes a child-safe activating device that must be manipulated to permit ignition, which is not disputed by the examiner, however it is respectfully pointed out that the limitation of “and seal against the housing body when the cover is in a closed position” is regarded as functional language that the enclosure performs the function without specifying a structure. From Pan, in figure 6, it is clear that the cover 1 rests flush against the lighter body. Also, it is believed that the enclosure performs a seal or is sealed at least from the perspective that a bias forced acts upon the gas lever, and the actuator releases the gas in an un-sealing manner.
Regarding claims 3-4, 6-7 and 15, as pointed out by the applicant Hamidian is relied upon for the posts; the modification of modifying Pan with the teachings of Hamidian would involve using the posts taught by Hamidian to the existing slot of Pan since both teach a slidable windguard.
For these reasons, the applicant’s remarks are not persuasive, and the previous ground of rejection is maintained.
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.
Claim(s) 1, 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pan et al [20020192612].
With respect to claim 1, Pan discloses: A lighter comprising: a housing body (16) extending from a forward flame generator (6) to a rearward base along a longitudinal axis [see FIG 1, paragraph 0024]; and a cover (2) having a forward enclosure and a pair of flaps (17) extending rearwardly from the enclosure, wherein the pair of flaps are slidingly engaged (via slots 4) with at least a portion of the housing body [paragraph 0025] and wherein the enclosure is configured to cover the flame generator and seal against the housing body when the cover is in a closed position [see FIGs 4-5, paragraph 0026].
Pan further discloses:
{cl. 11} The lighter of claim 1, wherein the forward flame generator comprises a windscreen (5) defining a flame region that opens in a direction transverse to the longitudinal axis of the lighter and a plurality of dimples [refer to the ridges on element 5 as seen in figure 1, paragraph 0026].
{cl .12} The lighter of claim 1, wherein the housing body defines a cavity (14) configured to receive therein in a selected orientation a fuel body [paragraph 0027].
{cl. 13} The lighter of claim 1, wherein the housing body further comprises a valve (8) configured to substantially equalize a pressure within the housing body with a pressure of an environment external to the lighter [paragraph 0027].
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3-4, 6-7, 15-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al [20020192612], further in view of Hamidian [20240151395].
With respect to claims 3-4 and 6-7, Pan discloses the invention as substantially claimed, however does not show the posts.
Hamidian makes up for these deficiencies by teaching:
{cl. 3} The lighter of claim 1, wherein each pair of flaps defines a plurality of posts (112a-112b) extending inwardly from the respective flaps towards the housing body, wherein the housing body defines at least one of a slot (122a, 122b) or a detent configured to receive therein one or more of the plurality of posts, and wherein the at least one of the slot or the detent constrain a motion of the cover relative to the housing body [paragraph 0040].
{cl. 4} The lighter of claim 3, wherein the slot comprises a linear slot extending substantially parallel to the longitudinal axis [see FIG 3].
It would have been obvious to a person of ordinary skill before the effective filing date of the invention to modify the lighter or Pan with the teachings of Hamidian because Hamidian provides a known manner in which to attach a lighter cover to the lighter body that allows for easy installation.
Pan does further show:
{cl. 6} The lighter of claim 3, wherein the detent comprises a detent (at 26) defining a pivot point, wherein the cover is configured to rotate in at least one direction relative to the housing body about the pivot point [paragraph 0026].
{cl. 7} The lighter of claim 1, wherein each pair of flaps extend from a first portion coupled to the enclosure toward a second portion configured to engage the housing body at an angle extending toward the longitudinal axis, wherein the angle is within a range from about 1-degree to about 10-degrees [see FIGs 4-5].
With respect to claim 15, Pan discloses: A lighter comprising: a housing body (16) extending from a forward flame generator (6) to a rearward base along a longitudinal axis; and a cover (2) having a forward enclosure and a pair of flaps (17) extending rearwardly from the enclosure, wherein the housing body defines at least one of a slot (4) or a detent configured to receive therein one or more of the plurality of posts (12), wherein the pair of flaps are slidingly engaged with at least a portion of the housing body [paragraph 0025], and wherein the enclosure is configured to cover the flame generator and seal against the housing body when the cover is in a closed configuration [see FIGs 4-5, paragraph 0026].
Pan uses a connecting rod to connect the arms (17) to the lighter body, therefore does not show the posts.
Hamidian makes up for the deficiencies of Pan by teaching:
{cl. 15, cont’d} wherein each pair of flaps (114) defines a plurality of post (112a, 11b) s extending inwardly from the respective flaps towards the housing body (120) [see FIGs 2 and 3, paragraph 0039-0040].
Hamidian further teaches:
{cl. 16} The lighter of claim 15, wherein, when in a closed configuration, at least one of the plurality of posts (112a, 112b) is configured to seat in a respective detent to retain the lighter in the closed configuration [paragraph 0040].
{cl. 17} The lighter of claim 15, wherein, when in a partially open configuration, at least one of the plurality of posts (112a, 112b) is configured to seat in a respective detent to define a pivot point about which the cover may be rotated relative to the housing body [paragraph 0040].
{cl. 19} The lighter of claim 15, wherein, when in a fully actuated configuration, at least one of the plurality of posts (112a, 112b) is configured to seat in a respective detent to retain the lighter in the fully actuated configuration [paragraph 0040].
{cl. 20} The lighter of claim 15, wherein, when in an extended configuration, at least one of the plurality of posts (112a, 112b) is configured to seat in a respective detent to retain the lighter in the extended configuration [paragraph 0040].
It would have been obvious to a person of ordinary skill before the effective filing date of the invention to modify the lighter or Pan with the teachings of Hamidian because Hamidian provides a known manner in which to attach a lighter cover to the lighter body that allows for easy installation.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al [20020192612], further in view of Ayers [3303673].
With respect to claim 10, Pan discloses the invention as substantially claimed, however does not show the flint wheel.
Ayers makes up for these deficiencies by teaching:
{cl. 10} The lighter of claim 1, wherein the forward flame generator (35) comprises a flint wheel (31) having an axis of rotation centered on a first axis and a flint tube extending along a second axis, wherein the flint tube contacts at least a portion of the flint wheel, and wherein the first axis is laterally offset from the second axis by a distance greater than about 1 millimeter [see FIGs 3-4, col 3, line 4-61].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Pan with the teachings of Ayers because Ayers provides a known arrangement to effectively provide a flame with use of a flint wheel.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al [20020192612], further in view of Falkenhavn et al [10222063].
With respect to claim 21, Pan discloses: A lighter comprising: a housing body (16) extending from a forward flame generator (6) to a rearward base along a longitudinal axis [see FIG 1, paragraph 0024]; a cover (2) having a forward enclosure slidingly engaged (via slots 4) with at least a portion of the housing body, and wherein the enclosure is configured to cover the flame generator and seal against the housing body when the cover is in a closed position [see Figs 4-6, paragraph 0026-0027].
Pan, however does not show the seal as claimed.
Flakenhavn makes up for these deficiencies by teaching:
{cl. 21, cont’d} a seal (34) coupled to at least a portion of the housing body, wherein the seal is configured to compress in response to contact with at least a portion of the enclosure to seal the forward flame generator from an environment external to the lighter [see abstract, FIGs 1-4, col 2, line 15-67].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Pan with the teachings of Falkenhavn because Falkenhavn provides a seal that protects the lighter interior from water.
Allowable Subject Matter
Claims 2, 5, 8-9, 14 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The limitations described are not found to be disclosed or obvious under the prior art.
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 AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
8/18/2026
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