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 .
Response to Amendment
Claims 1-10 are withdrawn. Claims 11, 14 and 16-17 are amended. Claims 18-20 are cancelled. Claims 11-17 are presently examined.
Applicant’s arguments regarding the objection to the claims have been fully considered and are persuasive. The objection of claim 14 is withdrawn.
Applicant’s arguments regarding the rejections under 35 USC 112(b) have been fully considered and are persuasive. The rejections of 8/12/2025 are overcome.
Applicant’s arguments regarding the rejections under 35 USC 103 have been fully considered and are persuasive. The rejections of 8/12/2025 are overcome.
Claim Interpretation
Regarding claim 15, the claim recites the limitation “configured to be positioned at least partly within and at least partially occlude an opening of a smoking apparatus,” which is considered to be a claim limitation regarding the intended use of the claimed second body. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP § 2114. Therefore, for the purposes of this Office action, the limitation will be interpreted as if it required a second body that could be used to occlude an opening of a smoking article.
Claim Objections
Claim 17 is objected to because of the following informalities: “forth” is used where “fourth” would be appropriate (line 7). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, it is unclear which specific second connection feature of which second body is referred to since claim 11 requires multiple second bodies. The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it referred to each of the second bodies of claim 11. Claims 14 and 15 are indefinite by dependence.
Regarding claim 14, it is unclear which specific second connection feature of which second body is referred to since claim 11 requires multiple second bodies. The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it referred to each of the second bodies of claim 11.
Regarding claim 15, it is unclear which second body is referred to since claim 11 requires multiple second bodies. The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it referred to each of the second bodies of claim 11.
Regarding claim 16, it is unclear which second body is referred to since claim 11 requires multiple second bodies. The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it referred to each of the second bodies of claim 11.
Claim Rejections - 35 USC § 102
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.
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.
Claims 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beloni (US 2012/0180803).
Regarding claim 11, Beloni discloses a modular smoke plenum having a bowl (figure 2, reference numeral 28) that is connected to a smoke inlet having a tubular lower portion ([0039], figure 2, reference numeral 20). The smoke inlet is considered to meet the claim limitation of a first inlet of a body. The smoke inlet has a standard interface ([0039], figure 2, reference numeral 14), which is considered to meet the claim limitation of a first connection feature. Smoke travels from the bowl to a down tube ([0039], figure 2, reference numeral 22), indicating that smoke travels from the smoke inlet to an outlet at the standard interface, which is considered to meet the claim limitation of a first outlet. One or more modules (figure 2, reference numeral 12), which are considered to meet the claim limitation of a plurality of second bodies, are used to connect the smoke inlet to the down tube [0039]. Each module comprises a female end (figure 2, reference numeral 16), which is considered to meet the claim limitation of a second inlet, and a standard interface ([0040], figure 2, reference numeral 14), which is considered to meet the claim limitation of a second outlet. The female end of the upper most module connects to the smoke inlet [0040], and the female end of each module is therefore also considered to meet the claim limitation of a second connection feature.
Regarding claim 12, Beloni discloses that them modules comprises a screen having outer surfaces within them ([0042], figure 3, reference numeral 32). The screen is considered to meet the claim limitation of a third body.
Regarding claim 13, Beloni discloses that the standard interface allows removal of modules [0023], indicating that the upper most module is removably connected to the smoke inlet since the smoke inlet has a standard interface.
Regarding claim 14, Beloni discloses that the standard interfaces form airtight seals [0014], which is considered to meet the claim limitation of fluid tight.
Regarding claim 15, it is evident that any of the modules of Beloni could be used to occlude a smoking article opening they form solid structures (figure 2).
Regarding claim 16, Beloni discloses that the interface between the modules is a threaded connection formed by threaded ends that rotate around a portion of the circumference of the module at a slope ([0050], figure 5, reference numerals 40, 42), which is considered to meet the claim limitation of helical blades since the threads form at least a part of a helix. The threaded ends are considered to form a third body.
Regarding claim 17, Beloni discloses that the first inlet and outlet and the second inlets and outlets are located at different portions of their respective parts of the device (figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL E SPARKS whose telephone number is (571)270-1426. The examiner can normally be reached Monday-Friday, 9:00 am-5 pm.
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/RUSSELL E SPARKS/ Primary Examiner, Art Unit 1755
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