Prosecution Insights
Last updated: April 17, 2026
Application No. 18/276,459

CONTAINER WITH PRE-PACKAGED SMOKING MIXTURE FOR HOOKAH

Non-Final OA §102§103§112
Filed
Dec 14, 2023
Examiner
SZEWCZYK, CYNTHIA
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
unknown
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
692 granted / 939 resolved
+8.7% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 939 resolved cases

Office Action

§102 §103 §112
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. 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 appl icant regards as his invention. Claims 1-5, 7, and 9 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. Claim 1 recites the limitation "the central part" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the inner wall " in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the upper part" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the outer annular section " in line 4 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the outer wall " in line 5 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the holes " in line 5 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the side surface " in line 5 . There is insufficient antecedent basis for this limitation in the claim. Claim 2 recites the limitation "the heat-resistant material" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 2 recites “ the heat-resistant material is a fluoropolymer” . It is unclear which component is a fluoropolymer material. Claim 3 recites the limitation "the heat-resistant material" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 3 recites “ the heat-resistant material is a silicone ” . It is unclear which component is a silicone material. Claim 4 recites the limitation "the longitudinal direction " in line s 1 -2 . There is insufficient antecedent basis for this limitation in the claim. Claim 5 recites the limitation "the shape " in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 7 recites “ it includes at least one removable means of sealing ”. It is unclear what component the term “it” refers to. Claim 9 recites the limitation "the lower edge " in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites the limitation "the side wall " in line s 1 -2 . There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites the limitation "the outer wall height " in line 2 . There is insufficient antecedent basis for this limitation in the claim. 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 is/are rejected under 35 U.S.C. 102(a)( 1 ) as being anticipated by LIU (CN 104522890) . Liu teaches a heat-resistant container with pre-packaged smoking material, which is installed in a hookah bowl (abstract) , wherein the container is a half of a torus-like shape perpendicular to the axis of symmetry ( 150 in figure 3 ) , in the central part of the inner wall ( 116 ) in the upper part of the container an inner annular section is made, which is lower than the outer annular section made on the outer wall ( 112, see figure 5 for height difference ) , and the holes ( 115 ) are made on the side surface of the inner wall ( 116 ) of the container in its lower part (see figure 5) . 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. Claim (s) 1 , 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over MODI et al. (US 9,445,630) in view of LIU (CN 104522890) . Modi teaches a heat-resistant container with pre-packaged smoking material (abstract) , which is installed in a hookah bowl, wherein the container is a half of a torus-like shape perpendicular to the axis of symmetry (see figure 5) , in the central part of the inner wall (70) in the upper part of the container an inner annular section is made, which is lower than the outer annular section made on the outer wall (16) , and the holes (74) are made on the side surface of the inner wall (70) of the container . Liu teaches a heat-resistant container with pre-packaged smoking material, which is installed in a hookah bowl (abstract) , wherein the container is a half of a torus-like shape perpendicular to the axis of symmetry (150 in figure 3) , in the central part of the inner wall (116) in the upper part of the container an inner annular section is made, which is lower than the outer annular section made on the outer wall (112, see figure 5 for height difference) , and the holes (115) are made on the side surface of the inner wall (116) of the container in its lower part (see figure 5). It would have been obvious to modify the container of Modi to have holes located in eth lower part of the inner wall as show in Liu because figures 3 and 4 of Moda show an embodiment where the holes (26) are located in the bottom surface of the container . Additionally, Liu teaches that having holes in the bottom part of the inner surface allows the tobacco material to be heated uniformly (para. 0048). Regarding claim 4 , Liu discloses holes that are elongated in the longitudinal direction (120 in figure 3) . It would have been obvious to one of ordinary skill in the art to use elongated ovals as the holes of Modi because teaches that the invention may have variations in shape (col. 3 lines 14-22). Regarding claim 5, see the discussion of claim 4 above. Regarding claim 6 , it would have been obvious to one of ordinary skill in the art that a 55-65% hole occupation of total hole placement area would have been achieved through routine experimentation because Modi teaches optimizing dimensional relationships for parts of the invention (col. 3 lines 14-22) . Regarding claim 7 , Modi teaches it includes at least one removable means (52) of sealing. Regarding claim 8 , although Modi is silent to the height of the inner and outer walls, it would have been obvious to one of ordinary skill in the art that a range of 8-12% inner annular section lower than the outer annular section would have been achieved through routine experimentation because Modi teaches optimizing dimensional relationships for parts of the invention (col. 3 lines 14-22) . Regarding claim 9, it would have been obvious to one of ordinary skill in the art that a lower edge of the holes on the side wall at a height of 30-40% of the outer wall height would have been achieved through routine experimentation because Modi teaches optimizing dimensional relationships for parts of the invention (col. 3 lines 14-22) . Claim(s) 2 -3 is/are rejected under 35 U.S.C. 103 as being unpatentable over MODI et al. (US 9,445,630) in view of LIU (CN 104522890) as applied to claim 1 above, and further in view of ARMOUSH et al. (US 2017/0251718) . Modi as modified by Liu teaches a heat-resistant container with pre-packaged smoking material . Modi is silent to the material of the container. Armoush teaches a heating apparatus for hookahs. Armoush teaches that heat resistant materials include fluoropolymer (para. 0051) and silicone (para. 0045). It would have been obvious to one of ordinary skill in the art to use fluoropolymer and silicone materials in the heat-resistant container of Modi because hookahs are operated at high temperatures. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CYNTHIA SZEWCZYK whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5130 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 10 am - 6 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Alison Hindenlang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7001 . 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. /CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
84%
With Interview (+9.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 939 resolved cases by this examiner. Grant probability derived from career allow rate.

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