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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 10/02/2025 is acknowledged.
Claims 8-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/02/2025.
Claim Objections
Claim 1 is objected to because of the following informalities: Line 4 reading “control assembly” should read --a control assembly--. Appropriate correction is required.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mironov (USPGPub 2016/0345629) in view of Tao (USPGPub 2010/0319716).
Re Claim 1, Mironov teaches an apparatus comprising: a combustion assembly (10) comprising: a combustion assembly upper portion (14, 16) comprising: a battery (14), control assembly (16) (Mironov ¶ 0062-0063); a combustion assembly lower portion (distal end of main body 11) comprising: a combustion cavity (18) (Mironov ¶ 000064); at least one viewport (1) allowing visual access to the combustion cavity (18) (Mironov ¶ 0061); a viewport shield (26) disposed over the at least one viewport (1), and one or more locking channels (6) each of the one or more locking channels comprising a first set of electrical contacts (Mironov ¶ 0084); and an adapter assembly (12, 20) detachable from the combustion assembly (10) (as seen in Mironov Fig. 1a), the adapter assembly (12, 20) comprising: an adapter assembly upper portion (20) adapted for insertion into the combustion assembly lower portion (distal end of main body 11) (Mironov ¶ 0069).
Mironov further teaches the adapter assembly upper portion (20) comprising: a loading chamber housing (Mironov Fig. 3) comprising: a loading chamber (24) (Mironov ¶ 0069); a shielding plate (34) comprising a plurality of receptacle vent holes disposed below the loading chamber (24) (Mironov ¶ 0069-0071); one or more locking lugs (8), each of the one or more locking lugs (8) comprising a second set of electrical contacts (Mironov ¶ 0084); and an adapter assembly lower portion (distal most end of device comprising mouthpiece portion 12) comprising a stem (12) extending downwardly from a bottom of the adapter assembly lower portion (12) (Mironov ¶ 0066-0067 - teaching mouthpiece portion 12), the stem (12) comprising: one or more exterior exhaust channels (13); an internal channel (17) terminating in one or more stem exhaust holes (15) (Mironov Fig. 1d), wherein the internal channel (17) is in fluid communication with an adapter assembly plenum (Mironov ¶ 0091); wherein the adapter assembly plenum is (i) disposed below the plurality of receptacle vent holes (Mironov ¶ 0069-0071), and (ii) in fluid communication with the loading chamber housing (Mironov Fig. 3) via the plurality of receptacle vent holes (Mironov ¶ 0069-0071).
However, Mironov fails to teach an apparatus for use with a water pipe comprising a vapor tube; the combustion assembly upper portion comprising a laser diode; wherein the laser diode emits light vertically into the combustion cavity; the viewport shield of the combustion assembly lower portion comprising laser attenuating material; and an adapter fitting configured for insertion in the vapor tube, the adapter fitting comprising a first end configured to receive the stem. Tao teaches an apparatus (as seen in Tao Fig. 1) comprising a vapor tube (106); a combustion assembly upper portion (800) comprising a laser diode (402) (Tao ¶ 0048); wherein the laser diode (402) emits light vertically into a combustion cavity (220) (Tao ¶ 0056); a viewport shield (210) of a combustion assembly lower portion (208) comprising laser attenuating material (Tao ¶ 0040); and an adapter fitting (stem of bowl 208) configured for insertion in the vapor tube (106), the adapter fitting comprising a first end configured to receive the stem (Tao Fig. 1), the configuration for configuring a vaporizer to be used with a waterpipe (Tao ¶ 0002).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the apparatus of Mironov to be used with a water pipe comprising a vapor tube; the combustion assembly upper portion comprising a laser diode; wherein the laser diode emits light vertically into the combustion cavity; the viewport shield of the combustion assembly lower portion comprising laser attenuating material; and an adapter fitting configured for insertion in the vapor tube, the adapter fitting comprising a first end configured to receive the stem, the configuration as disclosed by Tao for configuring a vaporizer to be used with a waterpipe (Tao ¶ 0002).
Re Claim 2, Mironov in view of Tao teach all of the limitations of Claim 1. Mironov further teaches wherein the laser diode (402) is nonfunctional unless the first set of electrical contacts and the second set of electrical contacts are in contact (Mironov ¶ 0084).
Re Claim 3, Mironov in view of Tao teach all of the limitations of Claim 1. Mironov further teaches wherein the combustion assembly and the adapter assembly are cylindrical (Mironov ¶ 0069, 0086), wherein the adapter assembly is adapted to rotate relative to the combustion assembly from an unlocked position to a locked position (Mironov ¶ 0068), and wherein the first set of electrical contacts and the second set of electrical contacts are only in contact in the locked position (Mironov ¶ 0084).
Re Claim 4, Mironov in view of Tao teach all of the limitations of Claim 1. Mironov further teaches the apparatus further comprising a cup (22) comprising one or more cup vent holes (35) corresponding to the plurality of receptacle vent holes, wherein the loading chamber (24) is configured to receive the cup (22) (Mironov Fig. 3).
Re Claim 5, Mironov in view of Tao teach all of the limitations of Claim 4. Mironov further teaches wherein the cup further comprises a first threaded portion and the loading chamber comprises a second threaded portion adapted to engage the first threaded portion (Mironov ¶ 0068).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mironov (USPGPub 2016/0345629) in view of Tao (USPGPub 2010/0319716) as applied to Claim 1 above, and further in view of Chang et al. (USPGPub 2017/0020190).
Re Claim 6, Mironov in view of Tao teach all of the limitations of Claim 1. Mironov in view of Tao fail to teach wherein the laser diode is configured to emit light in a 633-670 nm wavelength band. Chang teaches a vaporizer apparatus comprising a laser diode configured to emit light in 400 nm to about 700 nm (Chang ¶ 0098). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. Perricone v. Medicis Pharmaceutical Corp., 77 USPQ 1321, 1327 (Fed. Cir. 2005)(anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993). In the present case, the prior art teaching of 400 nm to about 700 nm substantially overlaps and thus anticipates the claimed range of 633-670 nm (Chang ¶ 0098).
Re Claim 7, Mironov in view of Tao teach all of the limitations of Claim 1. Mironov in view of Tao fail to teach wherein the laser diode is configured to emit light in a 633-670 nm wavelength band. Chang teaches a vaporizer apparatus comprising a laser diode configured to emit light in 400 nm to about 700 nm (Chang ¶ 0098). Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. Perricone v. Medicis Pharmaceutical Corp., 77 USPQ 1321, 1327 (Fed. Cir. 2005)(anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2131.03 and Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993). In the present case, the prior art teaching of 400 nm to about 700 nm substantially overlaps and thus anticipates the claimed range of 633-670 nm (Chang ¶ 0098).
Mironov also fail to teach the combustion assembly upper portion further comprises one or more secondary laser diodes configured to emit light in a wavelength located within the visible electromagnetic spectrum wherein the laser diode and the one or more secondary laser diodes are oriented such that a beam of light emitted from the laser diode is approximately parallel to a beam of light emitted from the one or more secondary laser diodes. Tao teaches the combustion assembly upper portion (800) further comprises one or more secondary laser diodes (Tao ¶ 0048) configured to emit light in a wavelength located within the visible electromagnetic spectrum (Tao ¶ 0050) wherein the laser diode (402) and the one or more secondary laser diodes are oriented such that a beam of light emitted from the laser diode (402) is approximately parallel to a beam of light emitted from the one or more secondary laser diodes, the configuration for efficient heating (Tao ¶ 0048; Figs. 8-10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the combustion assembly upper portion of Mironov in view of Tao to comprise one or more secondary laser diodes configured to emit light in a wavelength located within the visible electromagnetic spectrum wherein the laser diode and the one or more secondary laser diodes are oriented such that a beam of light emitted from the laser diode is approximately parallel to a beam of light emitted from the one or more secondary laser diodes as disclosed by Tao for efficient heating (Tao ¶ 0048; Figs. 8-10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783