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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2025 December 8 has been entered.
Claims 1-2, 4-6, 8-11, 13-15, and 17-18 are pending.
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 1-2, 4-5, 9-11, 13-14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sawhney (WO 2023037166 A2) in view of Finke (US 6253492 B1) and Murison (US 20170043999 A1) and Chen (WO 2022021900 A1 with reference made to national stage translation US 20230339091 A1) and Miller (WO 2021198473 A1 with reference made to national stage translation US 20230125252 A1).
Claim 1: Sawhney teaches an electronic hookah (fig. 1 and title), comprising a first component (106) and a second component (102) connected to the first component (106), wherein:
the first component (106) and the second component (102) are connected via a main unit mounting structure (fig. 5 and [117], #527 and #528);
a heating component ([114], #508) is provided inside the first component (106);
a cavity (fig. 3 and [111], cavity which receives #200) for accommodating tobacco materials (200) is provided inside the second component (102);
the heating component (fig. 5, #508) is arranged opposite to the cavity (fig. 3, cavity which receives #200);
an adapter portion (fig. 3, #304) configured to connect a container (104) is provided at the bottom of the second component (102);
a battery (fig. 3 and [111], #302) is provided abutting the first component (106), and the battery (302) is connected to (the first component is powered) the first component (106).
Sawhney does not explicitly teach that the first component and the second component are detachable,
that the main unit mounting structure comprises a first snap-in portion arranged on the first component and a second snap-in portion arranged on the second component, that when the first snap-in portion and the second snap-in portion rotate relative to each other to a preset position, the first component and the second component are unlocked,
or that the battery is detachably provided in the first component via a battery mounting structure comprising a spring plate, a push button, and a locking snap hook configured to fix the battery within the first component;
wherein the push button is connected to the locking snap hook, the push button and the locking snap hook both being elastically and rotatably connected to the first component, the locking snap hook being rotatably connected within the first component through a pin, the battery being provided with a bayonet mount configured to engage with the locking snap hook, and the battery being disposed at a top of the spring plate;
wherein the locking snap hook is configured to deflect in a direction away from the battery and disengage from the bayonet mount when the push button is pushed, and the spring plate is configured to pop up the battery, thereby unlocking the battery from the first component.
Finke, working in a field of mounting structures pertinent to applicant’s and Sawhney’s mounting structures, teaches a mounting structure (fig. 3-4) comprising a first snap-in (col. 3, lines 32-36) portion (2 and 5) arranged on a first component (1) and a second snap-in (col. 3, lines 32-36) portion (3, 6, 7, and 12) arranged on a second component (11), wherein when the first snap-in portion (2 and 5) and the second snap-in portion (3, 6, 7, and 12) rotate relative to each other to a preset position (fig. 5-6), the first component (1) and the second component (11) are unlocked, such that the first component and the second component can be engaged and disengaged in a stable manner (col. 3, lines 32-36) without requiring tools (col. 4, lines 11-17).
Finke’s mounting structure is a hinge similar to Sawhney’s mounting structure (Sawhney fig. 5) and is agnostic to the device’s intended use to yield expectation to succeed.
Moreover, making the first component and the second component separable would be desirable to enable cleaning of Sawhney’s device. See MPEP 2144.04(V)(C): In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). The courts have held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to reshape Sawhney’s mounting structure as taught by Finke such that the first component and the second component are detachable, the main unit mounting structure comprises a first snap-in portion arranged on the first component and a second snap-in portion arranged on the second component, and when the first snap-in portion and the second snap-in portion rotate relative to each other to a preset position, the first component and the second component are unlocked, because doing so would enable the first component and the second component to be engaged and disengaged in a stable manner without requiring tools.
Murison teaches a device (fig. 4A-B) comprising a battery-powered vaporizer (1) detachably provided in a first component (2) via a battery mounting structure comprising a spring plate ([344], the battery-powered vaporizer is lifted by a spring), such that the battery-powered vaporizer can be easily extracted to be made fresh [68] and easily grasped by a user [344].
Sawhney’s battery and Murison’s battery-powered vaporizer both charge/discharge within their respective devices to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to arrange Sawhney’s battery in the first component, because doing so would enable the battery to be easily extracted to be made fresh.
Chen, working in a field of battery mounting structures pertinent to applicant’s and Sawhney’s battery mounting structures, teaches a battery ([97-98], battery) detachably connected to a first component (battery compartment) via a battery mounting structure comprising a spring (spring), a push button (button), and a locking snap hook (bolt which hooks into a positioning hole) configured to fix the battery (battery) within the first component (battery compartment);
wherein the push button (button) is connected to the locking snap hook (bolt), the push button (button) and the locking snap hook (bolt) both being elastically ([99], a second spring connects the button and the bolt to the battery compartment) and rotatably ([97-98], the button and the bolt rotate around the rotating shaft) connected to the first component (battery compartment), the locking snap hook (bolt) being rotatably connected within the first component (battery compartment) through a pin (rotating shaft), the battery being provided with a receiving mount (positioning hole) configured to engage with the locking snap hook (bolt), and the battery being disposed at a top of the spring (the spring ejects the battery);
wherein the locking snap hook (bolt) is configured to deflect in a direction away from the battery and disengage from the receiving mount when the push button is pushed (pressing the button rotates the bolt to unclamp the positioning hole), and the spring is configured to pop up the battery (the spring ejects the battery), thereby unlocking the battery from the first component (battery compartment), such that the battery mounting structure being internal to the device yields a smooth external surface that is convenient to carry, mount, and disassemble [31].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as modified Sawhney’s generic battery mounting structure, Chen’s specific battery mounting structure comprising a spring, a push button, and a locking snap hook configured to fix the battery within the first component; wherein the push button is connected to the locking snap hook, the push button and the locking snap hook both being elastically and rotatably connected to the first component, the locking snap hook being rotatably connected within the first component through a pin, the battery being provided with a receiving mount configured to engage with the locking snap hook, and the battery being disposed at a top of the spring; wherein the locking snap hook is configured to deflect in a direction away from the battery and disengage from the receiving mount when the push button is pushed, and the spring is configured to pop up the battery, thereby unlocking the battery from the first component, because doing so would make the battery mounting structure internal to the device to yield a smooth external surface that is convenient to carry, mount, and disassemble.
If applicant disagrees with the above interpretation of “hook”, Chen teaches, in an alternative embodiment, a battery (fig. 6 and [74], #1) mounted via a battery mounting structure comprising a spring plate (fig. 9 and [76], #320), a push button (fig. 6 and [74], #310), and a locking snap hook (311), such that the locking snap hook protrudes to retain the battery [74].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Chen’s first embodiment generic locking snap element shape, Chen’s second embodiment specific locking snap element shape that is curved, because doing so would be a simple substitution of locking snap elements shapes between alternative embodiments of Chen’s battery mounting structure.
Chen teaches, in an alternative embodiment, a battery (fig. 6 and [74], #1) mounted via a battery mounting structure comprising a spring plate (fig. 9 and [76], #320), a push button (fig. 6 and [74], #310), and a locking snap hook (311), such that the locking snap hook protrudes to retain the battery [74].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to substitute Chen’s second embodiment spring plate for Chen’s first embodiment spring, because doing so would be a simple substitution of spring ejection structures between alternative embodiments of Chen’s battery mounting structure.
Miller, working in a field of battery mounting structures pertinent to applicant’s and Sawhney’s battery mounting structures, teaches a receiving mount that is a bayonet mount (fig. 5 and [97-99], #34), such that the bayonet mount enables easy, pluggable assembly and disassembly [41].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Chen’s generic positioning hole, Miller’s specific bayonet mount, because doing so is exemplified as enabling easy, pluggable assembly and disassembly.
Claim 2: modified Sawhney teaches the electronic hookah according to claim 1, wherein the first component (fig. 1, #106) is provided with a power-off assembly (fig. 5 and [117], #515 and #524 control device activation) and a circuit board ([109], circuitry);
the circuit board (circuitry) is electrically connected to (the power-off assembly is powered) the power-off assembly (515 and 524);
the power-off assembly (515 and 524) is arranged on a side of the first component (106) in connection with the second component (102);
and when the first component (106) and the second component (102) are opened/closed, the power-off assembly is turned on/off ([117], when #106 is closed onto a pod #200, #524 is activated).
Claim 4: modified Sawhney teaches the electronic hookah according to claim 1, wherein the first snap-in portion previously incorporated for claim 1 comprises (the following citations refer to Finke):
a pivot portion (fig. 3-4, #5), a base (body of 2 and 5), and a slot (2);
and the pivot portion (5) is connected to the base (body of 2 and 5), and the slot (2) for snapping (col. 3, lines 32-36) the second component (11) is formed on an inner side of the base (body of 2 and 5).
Claim 5: modified Sawhney teaches the electronic hookah according to claim 4, wherein the second snap-in portion previously incorporated for claim 1 comprises (the following citations refer to Finke):
a snap hook member (fig. 3-4, #7) and a mounting groove (groove defined by 3 and 12) for accommodating the first snap-in portion (2 and 5); the snap hook member (7) is arranged on an inner side of the mounting groove (groove defined by 3 and 12);
the mounting groove (groove defined by 3 and 12) is adapted to the first snap-in portion (2 and 5); and the slot (2) is adapted to the snap hook member (7);
and when the first component (1) and the second component (11) are opened or closed, the first component (1) rotates by a preset angle (fig. 5-6), and the slot (2) is separated from or embedded with the snap hook member (7). “Hook” is interpreted to include the meaning of “curved element which holds or catches”.
Claim 9: modified Sawhney teaches the electronic hookah according to claim 2, wherein a display (fig. 1, #108 displays symbols next to the power button) is arranged at one side of the first component (106), and the display (108) is electrically connected to the circuit board ([109], circuitry).
Claims 10-11, 13-14, and 18: modified Sawhney teaches an electronic hookah, comprising the electronic hookah according to claims 1-2, 4-5, and 9 and a container, wherein: the second component (fig. 3, #304) communicates with the container (104) filled with a filtrate ([109], water).
A filtrate can be water, consistent with [applicant 78], in the sense that groundwater is formed by filtration.
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sawhney (WO 2023037166 A2) in view of Finke (US 6253492 B1) and Murison (US 20170043999 A1) and Chen (WO 2022021900 A1 with reference made to national stage translation US 20230339091 A1) and Miller (WO 2021198473 A1 with reference made to national stage translation US 20230125252 A1) as applied to claim 5 in further view of Bann (US 20170253392 A1).
Claim 6: modified Sawhney teaches the electronic hookah according to claim 5, wherein (the following citations refer to Finke) the mounting groove (fig. 3-4, groove defined by #3 and #12) is adapted to the first snap-in portion (2 and 5); the snap hook member (7) is arranged on the inner side of the mounting groove (groove defined by 3 and 12); and when the first component (1) and the second component (11) are opened or closed, the slot (2) is separated from or embedded with the snap hook member (7).
Modified Sawhney does not explicitly teach that the second snap-in portion further comprises a mounting button and an elastic member; the mounting button is connected to the snap hook member via the elastic member and penetrates through the mounting groove, and the elastic member is arranged on the inner side of the mounting groove; and when the first component and the second component are opened or closed, the mounting button is pressed and the elastic member drives the snap hook member to move.
Bann, working in a field of mounting structures pertinent to Sawhney’s mounting structure, teaches a snap-in portion (fig. 3) comprising a mounting button ([144], #230 functions as a button) and an elastic member ([138], #200 is elastic); the mounting button (230) is connected to a detent (247) via the elastic member (200) and penetrates through a mounting groove (groove defined by interior of 170), and the elastic member (200) is arranged on an inner side of the mounting groove (groove defined by interior of 170); and when a first component (200) and a second component (170) are opened or closed, the mounting button (230) is pressed and the elastic member (200) drives the detent (247) to move [138], such that the snap-in portion can snap between an open position and a closed position without mechanically engaging the rim of a container or relying on interference alone to secure the snap-in portion [139].
Bann’s mounting structure uses snap-in detents similar to modified Sawhney’s snap mounting structure and is agnostic to the device’s intended use to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Bann’s mounting button and elastic member to Sawhney’s mounting structure such that the second snap-in portion further comprises a mounting button and an elastic member; the mounting button is connected to the snap hook member via the elastic member and penetrates through the mounting groove, and the elastic member is arranged on the inner side of the mounting groove; and when the first component and the second component are opened or closed, the mounting button is pressed and the elastic member drives the snap hook member to move, because doing so would enable the second snap-in portion to snap between an open position and a closed position without mechanically engaging the rim of the device or relying on interference alone to secure the second snap-in portion.
Claim 15: modified Sawhney teaches an electronic hookah, comprising the electronic hookah according to claim 6 and a container, wherein: the second component (fig. 3, #304) communicates with the container (104) filled with a filtrate ([109], water).
A filtrate can be water, consistent with [applicant 78], in the sense that groundwater is formed by filtration.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sawhney (WO 2023037166 A2) in view of Finke (US 6253492 B1) and Murison (US 20170043999 A1) and Chen (WO 2022021900 A1 with reference made to national stage translation US 20230339091 A1) and Miller (WO 2021198473 A1 with reference made to national stage translation US 20230125252 A1) as applied to claim 2 in further view of Chan (US 20220322751 A1).
Claim 8: modified Sawhney the electronic hookah according to claim 2, wherein the power-off assembly (fig. 5, #515 and #524) comprises a thimble (#515 disclosed in [117] as a pin), and the thimble (515) is arranged at the bottom of the first component (fig. 1, #102 which corresponds to fig. 5, #501 as described in [117]);
the thimble (515) is electrically connected to the circuit board (the thimble signals the presence of a pod #200);
when the first component (106) and the second component (102) are closed, the thimble (515) pushes inwards against the second component (102) so that the power-off assembly is turned off (when #106 is closed onto a pod #200, #524 is toggled such that a power-off function is disabled);
and when the first component and the second component are opened, the elastic thimble resets and pushes downwards (#515 is slidably affixed, so when #106 is opened, #515 returns to a resting position), such that the power-off assembly is turned on (when #106 is opened, #525 is toggled such that a power-off function is enabled).
Modified Sawhney does not explicitly teach that the thimble is elastic.
Chan teaches an electrical contact that is elastic [43], such that the electrical contact can be actuated between an extended position and a depressed position [43] in the same manner as Sawhney’s thimble.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Sawhney’s thimble elastic as taught by Chan, because doing so would enable the thimble to be actuated between an extended position and a depressed position during sliding.
Claim 17: modified Sawhney teaches an electronic hookah, comprising the electronic hookah according to claim 8 and a container, wherein: the second component (fig. 3, #304) communicates with the container (104) filled with a filtrate ([109], water).
A filtrate can be water, consistent with [applicant 78], in the sense that groundwater is formed by filtration.
Response to Arguments
Applicant’s arguments of 2025 December 8 have been carefully considered. Upon further consideration, a new ground of rejection is made for amended claim 1 over Sawhney in view of Finke and Murison and Chen and Miller.
Applicant’s arguments (p. 11-13) that Von Burg does not teach new elements of claim 1 are rendered moot by the new ground of rejection which does not rely on Von Burg.
Conclusion
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747