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 .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 20 May 2025:
Claims 1-17 are pending
Claim 1 is amended
Response to Amendment
Applicant's amendments to the claims filed 20 May 2025 have been acknowledged.
Response to Arguments
Applicant’s arguments filed 20 May 2025, with respect to the rejection of Claim 1 under 35 U.S.C. 102 have been fully considered and are persuasive. Applicant has amended Claim 1 to recite new features regarding the gap between the elastic protrusion parts - specifically that the gap gradually becomes larger from a second end to a first end, and argues that Liu does not anticipate this additional feature. Examiner agrees with Applicant’s arguments and therefore, the rejection has been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of Liu et al (Publication No. US20210007400A1).
Applicant's arguments filed 20 May 2025, with respect to the rejections under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On Pages 8-10 of Applicant’s Remarks, Applicant discusses how introducing larger gaps reduces the contact area between the protrusion parts and cigarette article to produce less friction, which results in less force needed to deform said protrusions and remove the cigarette. Applicant argues that one ordinarily skilled in the art would not be motivated to modify Liu and change the shape of the gap in the manner disclosed in amended Claim 1 because Liu’s disclosure suggests increasing the clamping force using ribs which is counter to the Applicant’s disclosure to reduce the clamping force.
Examiner respectfully disagrees, noting that while Liu discloses that ribs can be used to reinforce the flaps, this is a preference and not a requirement (see [0043], Line 302). Furthermore, Liu explicitly states that the gaps between the membrane flaps to form the strip hole is to reduce the insertion resistance (i.e., lower friction) of the cigarette [0043]. The other feature of the strip hole flap design is that it produces a slight clamping force on the cigarette so that it will not be pulled out due to weak adhesion, improving the user experience.
This suggests that Liu’s flap design was intended to produce a weak, not strong, clamping force to retain a cigarette by utilizing gaps between each gap; this is similar to the benefits and improvements described by the Applicant’s disclosure for their own protrusion and gap design. Liu does not mention anything about increasing clamping force and instead, the design and its purpose indicates that lowering clamping force is encouraged, especially with regards to using a strip/gap design.
As such, Examiner finds that Liu’s invention concept to be similar and not counter to the Applicant’s and therefore, one ordinarily skilled in the art can be motivated to change the shape and/or form of Liu’s gaps between the membrane flaps as it would be considered an obvious engineering design choice so long as it produces predictable results (i.e., lowering friction and/or clamping force) (see MPEP § 2144.04.IV.B).
The following is a modified rejection based on amendments to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6, 8-9, 11-13, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (Publication No. CN110013055A, cited in IDS dated 15 July 2022, henceforth referencing the Applicant's provided English translated copy, henceforth referred as Liu'055) in view of Liu et al (Publication No. US20210007400A1, henceforth referred as Liu’400).
Regarding Claim 1, Liu'055 discloses a low-temperature smoking set comprising:
a housing assembly (Casing 1) and a heating assembly (i.e., heating body) disposed inside the housing assembly (Fig. 1; [0041, 0048]; the heating body includes the heating pipe 8 which is illustrated to be inside the housing/casing);
the housing assembly defining thereon a cavity opening (Central hole 3-1) used for inserting a cigarette (4) (see Figs. 7-9; [0045]);
and an inner part of the housing assembly being provided with a cigarette accommodating cavity used for accommodating at least part of the cigarette (see Figs. 1-2; [0041, 0048]; cigarette holder 2 and heating pipe 8 form an annular cavity for inserting a cigarette 4);
wherein at least one cigarette holding mechanism (Reverse mold 3) is disposed at a cavity wall of the cigarette accommodating cavity (Figs. 1, 7-9; [0045]; mold is disposed inside of the central hole which is considered equivalent to being disposed on a cavity wall);
the cigarette holding (i.e., clamping) mechanism comprises at least two deformable elastic protrusion parts (Pial flaps 3-2) arranged at intervals along the circumference of the cigarette accommodating cavity (see Figs. 7-9; [0041-0045]; flaps are shown to be arranged circumferentially around the cavity’s opening at equal intervals; protrusions provide an elastic clamping force, which implies they are elastic);
the elastic protrusion parts are in the shape of a sheet (see Figs. 7-9; [0043-0045]; protrusions are shaped from the reverse mold which is shown to be a flat sheet integrated with the cigarette holder)
and extend from the cavity wall of the cigarette accommodating cavity toward an inner part of the cigarette accommodating cavity along the radial direction of the cigarette accommodating cavity (see Figs. 7-9; [0043-0045]; flaps/protrusions extend inwardly and radially from the cavity walls);
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wherein, each elastic protrusion part is provided with a butting surface (Flaps 3-2) used for abutting against the cigarette (see annotated Fig. 7; [0043]; flaps produce a clamping force on a cigarette which is considered equivalent to the abutting surface);
the butting surfaces (3-2) of the elastic protrusion parts form an opening ring configured for remaining open when the cigarette is removed (see annotated Fig. 7);
a gap between the elastic protrusion parts has a first end and a second end (see annotated Fig. 7);
the first end is adjacent to an axis of the cigarette accommodating cavity (see annotated Fig. 7; the axis through the cavity opening 3-1 is considered an axis of the cavity);
and the second end is away from the axis of the cigarette accommodating cavity (see annotated Fig. 7; the axis through the cavity opening 3-1 is considered an axis of the cavity).
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Liu'055 does not explicitly disclose the gap gradually becoming larger from the second end to the first end. However, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B).
In this case, Liu'055 discloses that the gaps between adjacent membrane flaps are included to reduce the insertion resistance/friction of the cigarette when removed, while also producing a slight clamping force that is enough to prevent the cigarette from being pulled out due to weak adhesions between the lips and cigarette [0043].
Furthermore, Liu'400, directed to an electric tobacco heating device, discloses a protection cover (7) disposed within a heating chamber shell cavity (6) (i.e., accommodating cavity) that comprises a clamping structure for inducing a certain degree of clamping/deforming between the heating chamber and tobacco/cigarette [0010, 0034]. The protection cover clamping structure can compose of one or more protrusions or grooves where the groove structure shown in Figure 6 is shown to have a gap between each protrusion such that said gap widens as it moves from end adjacent to the ring-shaped protection cover (i.e., second end), to the end adjacent to the protrusion tip (i.e., first end) (see Fig. 6; [0034]).
Therefore, it would have been obvious to one ordinarily skilled in the art to make the engineering design choice to change the shape and form of the gaps between the membrane flaps disclosed by Liu'055 such that the gap widens from the second end to the first end as shown in Liu'400, and predictably result in a flap structure that is able to provide a reduced but sufficient clamping force for holding a cigarette/tobacco article.
Regarding Claim 2, Liu'055 further discloses the cigarette accommodating cavity is provided with a proximal end close to the cavity opening and a distal end away from the cavity opening and extends from the proximal end toward the distal end along an axial line (see annotated Fig. 1);
and the at least one cigarette holding mechanism is disposed at the proximal end of the cigarette accommodating cavity (see annotated Fig. 1; holding mechanism are the flaps/protrusions that clamp the cigarette around the cigarette holder 2).
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Regarding Claim 3, Liu further discloses the cigarette holding mechanism comprises a first elastic protrusion part and a second elastic protrusion part (see annotated Fig. 7; Flaps 3-2);
the first elastic protrusion part and the second elastic protrusion part are symmetrical with respect to the axial line of the cigarette accommodating cavity (see annotated Fig. 7).
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Regarding Claim 4, Liu'055 further discloses wherein a spacing between the first elastic protrusion part and the second elastic protrusion (Flaps 3-2) part along the radial direction of the cigarette accommodating cavity is less than a caliber of the cavity opening (Center hole 3-1) (see annotated Fig. 7 above; the spacing between each protrusion/flap is shown to have a much smaller radial distance in comparison to the cavity opening/center hole’s caliber).
Regarding Claim 6, Liu'055 further discloses the elastic protrusion part (Flaps 3-2) is provided with a curved butting surface used for abutting against the cigarette (see Fig. 7; the protrusion is illustrated to have a curved surface where the cigarette is clamped/abutted).
Regarding Claim 8, Liu'055 further discloses the heating assembly comprises:
a heating body (Heating pipe 8) and a first fixing seat (Bracket 12) (Figs. 1-2; [0048]);
the heating body is used for heating the cigarette [0048];
and the first fixing seat is connected to the heating body (see Figs. 1-2; [0048]);
the cigarette holding mechanism further comprises a sleeving ring part (Cigarette holder 2) (see Fig. 2; holder is illustrated to be a circular band which is equivalent to a ring);
and a connection part (Figs. 2, 7; [0043]; Strip hole 3-3);
the sleeving ring part is sleeved on the first fixing seat (see annotated Fig. 2 below; [0048]; holder is disclosed to be set on the bracket and is also shown to have grooves where the ring would be sleeved on the fixing seat/bracket);
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one end of the sleeving ring part extends toward an axial center of the sleeving ring part to form a plurality of the elastic protrusion parts (Figs. 2, 7; [0043]; the holder comprises a soft mold 3 which extends towards the axial center that is denoted by the central hole 3-1);
one end of the connection part is connected to one of the elastic protrusion parts and the other end of the connection part is connected to another of the elastic protrusion parts (see Figs. 7; the protrusions and connection parts are integrated which is equivalent to being connected to each other).
Regarding Claim 9, Liu'055 further discloses the connection part (strip hole 3-3) and the elastic protrusion part (flaps 3-2) extend along and within one same plane that is perpendicular to the axial line of the cigarette accommodating cavity (see Figs. 2, 7; [0043]; the connection and protrusion parts are constructed from a sheet of mold which implies being on the same plane; the plane is constructed perpendicular to the ring which extends axially to form the cavity).
Regarding Claim 11, Liu'055 further discloses the cigarette holding mechanism comprises a first elastic protrusion part and a second elastic protrusion part (see annotated Fig. 7; Flaps 3-2);
the first elastic protrusion part and the second elastic protrusion part are symmetrical with respect to the axial line of the cigarette accommodating cavity (see annotated Fig. 7).
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Regarding Claim 12, Liu'055 further discloses wherein a spacing between the first elastic protrusion part and the second elastic protrusion (Flaps 3-2) part along the radial direction of the cigarette accommodating cavity is less than a caliber of the cavity opening (Center hole 3-1) (see annotated Fig. 7 above; the spacing between each protrusion/flap is shown to have a much smaller radial distance in comparison to the cavity opening/center hole’s caliber).
Regarding Claim 13, Liu'055 further discloses the elastic protrusion part (Flaps 3-2) is provided with a curved butting surface used for abutting against the cigarette (see Fig. 7; the protrusion is illustrated to have a curved surface where the cigarette is clamped/abutted).
Regarding Claim 15, Liu'055 further discloses the heating assembly comprises:
a heating body (Heating pipe 8) and a first fixing seat (Bracket 12) (Figs. 1-2; [0048]);
the heating body is used for heating the cigarette [0048];
and the first fixing seat is connected to the heating body (see Figs. 1-2; [0048]);
the cigarette holding mechanism further comprises a sleeving ring part (Cigarette holder 2) (see Fig. 2; holder is illustrated to be a circular band which is equivalent to a ring);
and a connection part (Figs. 2, 7; [0043]; Strip hole 3-3);
the sleeving ring part is sleeved on the first fixing seat (see annotated Fig. 2 below; [0048]; holder is disclosed to be set on the bracket and is also shown to have grooves where the ring would be sleeved on the fixing seat/bracket);
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one end of the sleeving ring part extends toward an axial center of the sleeving ring part to form a plurality of the elastic protrusion parts (Figs. 2, 7; [0043]; the holder comprises a soft mold 3 which extends towards the axial center that is denoted by the central hole 3-1);
one end of the connection part is connected to one of the elastic protrusion parts and the other end of the connection part is connected to another of the elastic protrusion parts (see Figs. 7; the protrusions and connection parts are integrated which is equivalent to being connected to each other).
Regarding Claim 16, Liu'055 further discloses the connection part (strip hole 3-3) and the elastic protrusion part (flaps 3-2) extend along and within one same plane that is perpendicular to the axial line of the cigarette accommodating cavity (see Figs. 2, 7; [0043]; the connection and protrusion parts are constructed from a sheet of mold which implies being on the same plane; the plane is constructed perpendicular to the ring which extends axially to form the cavity).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (Publication No. CN110013055A, cited in IDS dated 15 July 2022, henceforth referencing the Applicant's provided English translated copy, henceforth referred as Liu'055) in view of Liu et al (Publication No. US20210007400A1, henceforth referred as Liu’400) as applied to Claim 2 above, and further in view of Wang et al (Publication No. US20160360788A1).
Regarding Claim 5, Liu'055 further discloses the at least one cigarette holding mechanism comprises a first cigarette holding mechanism located at the proximal end of the cigarette accommodating cavity (see annotated Fig. 1; holding mechanism are the flaps/protrusions that clamp the cigarette around the cigarette holder 2).
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Liu'055 does not disclose a second cigarette holding mechanism located at the distal end of the cigarette accommodating cavity.
However, Wang, directed to a vapor generating device, discloses a clamping bias (i.e., holding) mechanism for an electronic cigarette, wherein the first clamping mechanism is near the mouthpiece holder 3 (i.e., proximal end of the cigarette) and the second clamping mechanism is near the sleeve holder 7(i.e., distal end of the cigarette) (see Fig. 3; [0047, 0049-0050]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the cigarette accommodating cavity disclosed by Liu'055 to have a second holding mechanism located on the distal end of the cavity so that the cigarette can be clamped from both the proximal and distal end as disclosed by Wang, as both are directed to vaporizing/smoking device, where one ordinarily skilled in the art can reasonably apply the teachings of Wang regarding a smoking device having a first and second holding mechanism at proximal and distal ends, to a similar device as disclosed by Liu'055, and predictably yield a smoking device with a cigarette holding cavity capable of holding/clamping an inserted cigarette at two different locations (distal/proximal ends of cigarette is considered equivalent to distal/proximal ends of cavity when said cigarette is inserted into said cavity).
It should be further noted that duplication of parts (i.e., adding a second holding mechanism), without any new or unexpected results, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.04.VI.B) and that rearrangement of parts (i.e., arranging the second holding mechanism to be at the distal end of the cigarette/cigarette cavity) where both arrangements are known is a design choice that gives predicable results (see MPEP § 2144.04.VI.C).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (Publication No. CN110013055A, cited in IDS dated 15 July 2022, henceforth referencing the Applicant's provided English translated copy, henceforth referred as Liu'055) in view of Liu et al (Publication No. US20210007400A1, henceforth referred as Liu’400) as applied to Claims 1 and 2 above, and further in view of Lin et al (Patent No. US7049561B1).
Regarding Claim 7, Liu'055 further discloses the heating assembly comprises a base (Front bracket 12) in the shape of a tube (i.e., pipe) and an inner part thereof forms the cigarette accommodating cavity (see Fig. 1; [0048], Lines 380-385; the bracket is part of the heating pipe which are both shown to be tubular and forms an inner cavity to fit a cigarette). Liu'055 does not disclose an infrared radiation generation layer bonded to a surface of the base.
However, Lin, directed to a heating element, discloses a tubular infrared ceramic heating body (i.e., heating pipe) with a plurality of holes and a heating layer (43) (i.e., infrared generation layer) formed on the inner wall (i.e., surface) of said heating body (Fig. 5; Col. 2, Lines 35-50; heating layer conducts electricity to heat the infrared ceramic, implying that the layer generates infrared radiation from the ceramic material by heating said material).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the base (i.e., bracket) of the heating assembly (i.e., heating pipe) disclosed by Liu'055 to be an infrared porous ceramic with a heating layer (i.e., radiation generation layer) as disclosed by Lin, as both are directed to a heating element, where Lin teaches the advantage of their infrared ceramic design which reduces the stress to the heating body walls compared to other conventional heating elements (Lin, Col. 1, Lines 40-55); this also involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding Claim 14, Liu'055 further discloses the heating assembly comprises a base (Front bracket 12) in the shape of a tube (i.e., pipe) and an inner part thereof forms the cigarette accommodating cavity (see Fig. 1; [0048], Lines 380-385; the bracket is part of the heating pipe which are both shown to be tubular and forms an inner cavity to fit a cigarette). Liu'055 does not disclose an infrared radiation generation layer bonded to a surface of the base.
However, Lin, directed to a heating element, discloses a tubular infrared ceramic heating body (i.e., heating pipe) with a plurality of holes and a heating layer (43) (i.e., infrared generation layer) formed on the inner wall (i.e., surface) of said heating body (Fig. 5; Col. 2, Lines 35-50; heating layer conducts electricity to heat the infrared ceramic, implying that the layer generates infrared radiation from the ceramic material by heating said material).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the base (i.e., bracket) of the heating assembly (i.e., heating pipe) disclosed by Liu'055 to be an infrared porous ceramic with a heating layer (i.e., radiation generation layer) as disclosed by Lin, as both are directed to a heating element, where Lin teaches the advantage of their infrared ceramic design which reduces the stress to the heating body walls compared to other conventional heating elements (Lin, Col. 1, Lines 40-55); this also involves applying a known technique/teaching to a similar device to yield predictable results.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (Publication No. CN110013055A, cited in IDS dated 15 July 2022, henceforth referencing the Applicant's provided English translated copy, henceforth referred as Liu'055) in view of Liu et al (Publication No. US20210007400A1, henceforth referred as Liu’400) as applied to Claims 1 and 2 above, and further in view of Doci et al (Publication No. US20210212363A1).
Regarding Claim 10, Liu'055 does not disclose the cigarette holding mechanism is a part made of a silicone rubber material.
However, it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07).
Doci, directed to a vaporizing device, discloses a lid comprising a membrane portion with slits (i.e., protrusions) made of rubber, polymer, or any other suitably resiliently flexible or elastic material used to hold a vaporizing rod in place (Fig. 2; [0007, 0044-0045]).
Therefore, one ordinarily skilled in the art before the effective filing date of the claimed invention, would have selected a rubber material as disclosed by Doci, to construct the holding mechanism (i.e., protrusions) as disclosed by Liu'055, as the rubber material would be suitable for constructing the protrusions of the holding mechanism such that they have an elastic/flexible property.
It is noted that while Doci does not explicitly state that the rubber material is a silicon rubber, one ordinarily skilled in the art would reasonably interpret that the term rubber would include all types of rubber such as silicon rubber so long as it has flexible/elastic properties.
Regarding Claim 17, Liu'055 does not disclose the cigarette holding mechanism is a part made of a silicone rubber material.
However, it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07).
Doci, directed to a vaporizing device, discloses a lid comprising a membrane portion with slits (i.e., protrusions) made of rubber, polymer, or any other suitably resiliently flexible or elastic material used to hold a vaporizing rod in place (Fig. 2; [0007, 0044-0045]).
Therefore, one ordinarily skilled in the art before the effective filing date of the claimed invention, would have selected a rubber material as disclosed by Doci, to construct the holding mechanism (i.e., protrusions) as disclosed by Liu'055, as the rubber material would be suitable for constructing the protrusions of the holding mechanism such that they have an elastic/flexible property.
It is noted that while Doci does not explicitly state that the rubber material is a silicon rubber, one ordinarily skilled in the art would reasonably interpret that the term rubber would include all types of rubber such as silicon rubber.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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