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
Claims 1-16 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Interpretation
Regarding claim 14, the claim recites the limitation “a cutting member” in line 1. The instant specification describes a cutting member 23 as “a cutting member 23 is arranged at an end of the combustion control tube 22 away from the slot 11. The combustion control tube 22 moves downward under the action of gravity, the cutting member 23 is driven to move downward to cut the soot. The shape of the cutting member 23 is not limited as long as it can achieve the purpose of cutting the soot” ([0066]; FIG. 6). Thus, under broadest reasonable interpretation, a “cutting member” is considered to be any sharp metal structure that may cut, scratch off or remove the soot.
Claim Rejections - 35 USC § 103
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 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.
Claim 1-3, and 5-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hon et al. (CN110169593A as cited in the IDS dated 08/01/2025; hereinafter referred to the English translation provided) in view of Zhang (CN114158770A; hereinafter referred to the English translation provided)
Regarding claim 1, Hon directed to a smoke storage device that recycles and stores secondhand smoke ([0006]), discloses a smoking device comprising a main body (“cigarette holder cover 2 together with low-pressure storage chamber 4” [0013]; Figures 1 & 2), comprising;
a slot (“cigarette butt slot on the end face of the cigarette holder cover”, [0013]), a smoke storage chamber (“low-pressure storage/suction chamber 4” [0013]); and an inhalation channel (“mouthpiece/cigarette holder slot” [0007]) that are communicated with each other (“a reserved hole, the mouthpiece slot 3, and the low-pressure storage chamber 4 are all connected in pairs when inhaled” [0007]; [0013]).
the smoking device having a puff state (“suction state”; Fig. 2), in which a cigarette inserted into the slot is being puffed and a non-puff state (“not suctioning state” Fig. 1), in which the cigarette inserted into the slot is being non-puffed,
in the puff state, the inhalation channel being opened, and pressures in the smoke storage chamber and the slot being each greater than a pressure in the inhalation channel, (“when a person smokes through the cigarette holder, the air in the low-pressure suction chamber 4 is drawn out, creating a pressure difference between the inside and outside of the chamber due to volume change. This generates suction within the low-pressure chamber 4” [0014]);
and in the non-puff state the inhalation channel being closed, and a pressure in the slot being greater than a pressure in the smoke storage chamber “after the cigarette is released and the smoker stops smoking, no more air enters or exits the cigarette holder slot. Due to the suction force in the low-pressure chamber, the secondhand smoke naturally produced by the cigarette is drawn into the low-pressure chamber” [0008].
Hon does not disclose a combustion control mechanism comprising (I) a housing and a combustion control tube, (II) a housing being detachably connected to the main body, (III)a combustion control tube being slidably mounted on the housing and being configured for insertion of the cigarette in the slot, (IV) and the combustion control tube being capable of sliding relative to the cigarette.
Zhang directed to a secondhand smoke filtration device that uses a continuous high temperature combustion [n0005];[n0021], discloses a smoking device, comprising a main body (the overall device assembly constituting a bidirectional cigarette holder, a ventilation device/exhaust housing, an electric flame smoke removal device and support base arranged sequentially from top to bottom, [n0005]) comprising a slot (“cigarette through hole 405” [n0049]), a smoke storage chamber (“combustion chamber 101 together with cigarette lighting chamber 3” [n0033]), and an inhalation channel (interior inhalation route between mouthpiece housing 403 and cigarette through hole 405, [n0049]).
Regarding (I) & (II), Zhang discloses a combustion control mechanism comprising a housing (“double-walled tube” also referred to as “cigarette lighter chamber 3” [n0041]; [n0037]; Fig. 1), and a combustion control tube (“telescopic section of hollow tube 303”, [n0041]; see Annotated Figure 1 below); the housing being detachably connected to the main body[n0019]; [n0047], the movable latch 7 provides a detachable connection between this housing and the main body (ventilation device/exhaust housing). Zhang further discloses the housing is transparent and heat-resistant [n0041].
Zhang further discloses a combustion control tube 303 being slidably mounted on the housing [n0034]; Figures 1 & 5. A telescopic tube (or telescopic adjustment) refers to a mechanism where two or more interlocking tubes are designed to slide smoothly inside each other to extend or retract in length. Zhang’s telescopic control combustion tube 303 telescopes in and out relative to the fixed-length section, which is fixedly secured within the cigarette lighting chamber 3 housing[n0041]; Figures 1 & 5.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hon by incorporating a combustion control tube and a housing, the housing being detachably connected to a main body and the combustion control tube being slidably mounted on the housing as taught by Zhang because both Hon and Zhang are directed to reducing harm from secondhand smoke, Zhang teaches a combustion rate-controlling tube/housing assembly that surrounds the burning end of the cigarette thereby regulating the cigarette burn rate and reducing the volume of secondhand smoke and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (III), & (IV), Zhang discloses a combustion control tube being configured for insertion of the cigarette in the slot, and the combustion control tube being capable of sliding relative to the cigarette [n0041]; [n0049]. Because the telescopic section adjusts to meet the cigarette’s end at the ignition electrode 301 regardless of the cigarette’s length, the tube necessarily moves relative to the cigarette’s end position which explains the control tube being capable of sliding relative to the cigarette [n0049]. The cigarette inserted through the cigarette through-hole 405 (i.e., slot) and travels through the bidirectional cigarette holder 4 into the hollow tube 303. This explains once the cigarette is inserted at the slot, continues into and through the combustion control tube 303 [n0049].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hon by incorporating a combustion control tube configured for insertion of a cigarette in a slot and capable of sliding relative to the cigarette in the slot as taught by Zhang because both Hon and Zhang are directed to reducing harm from secondhand smoke, Zhang teaches the benefit of telescopic portion of hollow tube 303 being able to accommodate cigarettes of different lengths and this involves applying a known teaching to a similar device to yield predictable results.
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Regarding claim 2, Hon discloses that the main body further comprises a transition channel “a reserved hole, [0007]”; the slot, the smoke storage chamber and the inhalation channel are connected to each other through the transition channel ([0013]).
Regarding claim 7, Hon discloses a first valve (“rolling ball 9/ball bearing 9 “) arranged in the inhalation channel (“mouthpiece slot 3”[0016]); wherein in the puff state, the first valve opens the inhalation channel (“when the smoker inhales, the rolling ball 9 can be drawn open, allowing smoke to overflow from the mouthpiece slot 3” [0016]), and in the non-puff state, the first valve closes the inhalation channel (“after the smoker stops inhaling, the rolling ball 9 rolls back to block the air outlet on the bottom surface of the mouthpiece slot 3, preventing internal smoke from overflowing”) [0016].
Regarding claim 8, Hon discloses the main body comprising an inner cavity (“a tube with a cavity” [0014]), and the smoking device comprising a sliding member (“a sliding column 5”); and a second valve (“rolling sphere 6” [0017]);
the sliding member is slidably arranged in the inner cavity and divides the inner cavity into the smoke storage chamber (“upper part”)and an adjustment chamber (“lower part”), the second valve is arranged in the adjustment chamber and forms, together with the main body, an airflow channel (“one-way air intake channel 8”, [0014]) connecting the adjustment chamber to the outside (“the lower part of the chamber 4 is provided with an arc-shaped groove, sphere 6 that can roll along the arc-shaped groove is provided in the arc-shaped groove”; “sphere 6 will block the one-way air intake channel 8, so as to further control the pressure change in the chamber 4 ”[0017]; and
in the puff state, the sliding member slides in the inner cavity to reduce a volume of the smoke storage chamber (“when a person smokes, a pressure difference is created between the inside and outside of the chamber due to volume change. This generates suction within the chamber and causes the sliding column 5 to rise along the tube” [0014]), and in the non-puff state, the sliding member slides in the inner cavity to increase the volume of the smoke storage chamber, such that the pressure in the slot is greater than the pressure in the smoke storage chamber (“when a person releases the cigarette holder, the sliding column 5 descends due to its own gravity, gradually increasing the space in the suction chamber 4. This creates suction in the tube, drawing the secondhand smoke generated by the combustion of cigarette 1 into the upper part of the tube” [0014]).
Regarding claim 9, Hon disclose the smoking device according to claim 8, wherein the second valve is movably arranged in the adjustment chamber, wherein the smoking device further comprises an adjusting member mounted on the main body, and configured to adjust a position of the second valve relative to the main body ([0017]), to adjust a flow area of the airflow channel chamber (“the air intake channel 8 is provided on the lower side wall of the chamber 4, and an air intake adjustment screw 7 is provided in the horizontal threaded hole. By rotating the horizontal distance of the intake adjustment screw 7, the size of the orifice of the corresponding one-way intake channel 8 at the intake adjustment screw 7 is adjusted, thereby controlling the amount of airflow entering” [0018]). The air intake adjustment screw 7 is the adjusting member.
Regarding claim 10, Hon discloses a smoking device according to claim 8, wherein the main body (“cigarette holder cover 2 together with low-pressure storage chamber 4” [0013]; Figures 1 & 2), comprises a base body (lower body portion of storage chamber 4, Fig. 1 & 2) and a mouthpiece (mouthpiece slot 3), and the base body comprises a body portion (body portion of storage chamber 4) and a tube body (“chamber 4 includes a tube” [0014]), wherein the mouthpiece is connected to the body portion (Fig. 1& 2), the slot (“cigarette butt slot on the end face of the cigarette holder cover”) is arranged on the body portion[0007], the tube body and the body portion are jointly defined to form the inner cavity (“a tube with a cavity” [0014]), the second valve is arranged on the tube body(“sphere 6 arranged at the lower part of tube body chamber 4”[0017]), and the inhalation channel is arranged in the mouthpiece [0014].
Regarding claim 11, Hon discloses a smoking device according to claim 10, wherein a tube body comprises a cylindrical/tube portion ([0014]; Fig. 1-2) and a bottom cover (“bottom of the chamber 4” [0017]), the cylindrical portion, the bottom cover, and the body portion are jointly defined to form the inner cavity, the sliding member is arranged inside the cylindrical portion and is configured for sliding along an axis direction of the cylindrical portion ([0014]), and the adjusting member and the second valve are both arranged on the bottom cover([0017]).
Regarding claim 13, Hon discloses the main body comprises an inner cavity [0014], a balloon is arranged in the inner cavity (“the low-pressure suction chamber 4 may include a tube with a cavity, on the bottom surface of which a balloon is placed”[0014]), and an air inlet of the balloon is communicated with an airflow channel of the inner cavity (“an open end of the balloon is connected to the bottom of the tube with the cavity, and the bottom surface of the low-pressure suction chamber 4 is provided with an adjustable one-way air intake channel 8.”), wherein, in the puff-state, the gas in the smoke storage chamber is sucked out under the action of the puff force, and the balloon is inflated to change the volume of the smoke storage chamber(“when a person smokes through the cigarette holder, the suction force generated not only draws out the air in the low-pressure suction chamber 4, but also draws outside air into the balloon through the one-way air intake channel 8, causing the balloon to expand and change the volume inside the tube”); and in the non-puff state, the inhalation channel is closed, and airflow in the balloon flows to the outside through the airflow channel, such that the volume of the smoke storage chamber decreases(“after the person releases the cigarette holder, no more air enters or exits at the cigarette holder slot, and the balloon gradually shrinks”).([0014]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang as applied to claim 1 above, and further in view of Ito et al. (US20180000152A1).
Regarding claim 3, Hon discloses a smoking device comprising a main body, slot and inhalation channel and a smoke storage chamber [0007]; [0013], but does not disclose at least one of a first filter member or a second filter member, wherein the first filter member is arranged in the main body and configured to filter smoke flowing from the slot to the inhalation channel or the smoke storage chamber, the second filter member is arranged in the inhalation channel and configured to filter smoke entering the inhalation channel.
Ito directed to filter for cigarette product (Abstract), discloses a filter member 4 [0048]; [0051], comprising a first filter member (“front-stage filter material 41” [0051]- [0052]). Ito further discloses the first filter member is arranged in the main body (front end side - body portion of cigarette 1, FIG. 1) and configured to filter smoke flowing through the inhalation channel (“hollow passage 431” [0067]). Furthermore, Ito discloses the use of an entire section of the filter member as a filtering medium of smoke constituents (components) [0008].
Ito further discloses the first filter member includes an adsorbent (e.g., activated carbon) that adsorbs smoke constituents of mainstream smoke, or other additives [0052]. Ito further discloses “when the mainstream smoke passes through the front stage-filter material 41, smoke constituents such as tar and nicotine are filtered out” [0059].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hon by providing a smoke filtration system comprising a first filter member as taught by Ito because both Hon and Ito are directed to a cigarette smoking medium, Ito teaches that using a filter material to filter out tar and nicotine content from a cigarette smoke and this involves applying a known smoke filtering member to a similar smoking medium to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang and Ito as applied to claim 3 above, and further in view of Sung (US6153119A).
Regarding claim 4, modified Hon does not explicitly disclose a filter medium in the first member and /or second filter member comprising an unsaturated fatty acid.
Ito discloses the first filter member of claim 3, wherein the filter medium included in the first filter member is an adsorbent (e.g., activated carbon) that adsorbs smoke constituents of mainstream smoke [0052].
Ito doesn’t teach a filter member comprising an unsaturated fatty acid.
Sung directed to a chemical process for reducing tar and nicotine in cigarettes (Abstract), discloses the use of an unsaturated fatty acid as a filter/treatment medium in a cigarette to reduce tar and nicotine delivery (col. 6, line 8 – 34).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Hon by providing the filter member with unsaturated fatty acid as taught by Sung, because Hon, Ito and Sung are directed to cigarette smoke and its constituents, Sung teaches that unsaturated fatty acid esters were known materials recognized in the art of cigarette/tobacco treatment as suitable, hydrophobic medium for incorporation into a smoking product to influence the levels of tar and nicotine delivered in smoke and this involves selecting a known cigarette smoke filter medium to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang and Ito as applied to claim 1 above, and further in view of Cali (US20220142263A1).
Regarding claim 5. Hon discloses wherein the main body (“cigarette holder cover 2”) and a mouthpiece (“cigarette holder” [0014]) that are connected to each other;
wherein a slot (“cigarette butt slot on the”, [0013]), a smoke storage chamber (“low-pressure storage/suction chamber 4” [0013]); and an inhalation channel (“mouthpiece/cigarette holder slot 3”) that are connected with each other” [0013]).
Hon doesn’t explicitly teach a separate mouthpiece movably mounted on a base body that switches between a received position and an extended position relative to the base body, at the received position, the mouthpiece is received in the base body, and at the extended position, the mouthpiece extends out of the base body.
Cali directed to movable holder for an aerosol-generating device (Abstract), discloses a mouthpiece (“holder 14” [0083], Figures. 1-10) is movably mounted on a base body (“case housing 12” [0083]) to switch between a received position (“closed position” [0084]; Figure 1] and an extended position (“docking position” [0084]; Figure 2); Cali further discloses the mouthpiece is arranged to rotate through an angle of about 90 degrees with respect to the base body when the mouthpiece moves between the received position and the extended position [0011] .
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hon by providing a movable mouthpiece towards an incorporated base body as taught by Cali because both Hon and Cali are directed to a cigarette smoking device utilizing a mouthpiece, Cali teaches that a movable mouthpiece provides easier access and use for the user and this merely involves applying a known technique to a similar device to yield predictable results.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang and Ito as applied to claim 1 above, and further in view of Prog et. al. (US10786001B2).
Regarding claim 12, Hon discloses smoking device according to claim 11, wherein the second valve is a sphere-shaped valve. Hon further discloses the second valve is arranged in the adjustment chamber, the second air hole is defined in the bottom cover, the adjusting member passes through the bottom cover and collides with the second valve(the sphere 6 rolls along an arc-shaped groove that is provided on the bottom of chamber 4/adjustment member), and the airflow channel is formed between the second valve and the bottom cover (“combination of the arc-shaped groove and the sphere 6 forms a one-way valve that only allows airflow to enter; the groove is set to an arc shape so that the sphere 6 will always block the one-way air intake channel 8 after it stops rolling” [0017]).
Hon does not disclose the second valve as umbrella-shaped comprising an umbrella-shaped portion and an insertion portion that are connected to each other, the umbrella-shaped portion is arranged in the adjustment chamber, the adjusting member passes through the bottom cover and collides with the umbrella-shaped portion of the second valve, and the airflow channel is formed between the umbrella-shaped portion and the bottom cover.
Prog directed systems and methods for filtering smoke from a cigarette (Abstract), discloses a smoking method and device (col. 1, line 60-67, col. 2, line 1-35) comprising a second valve (“second valve 140 B” col. 5, line 55-67), wherein the second valve is an umbrella-shaped comprising an umbrella-shaped portion and an insertion portion that are connected to each other (col. 6, line 1-5).
Prog further discloses the umbrella-shaped portion is arranged in the adjustment chamber (“first hollow cavity portion 181”, col. 4, line 47-48; col. 5, line 55-67), the adjusting member passes through the bottom cover (“inner valve seat 114” col. 12, line 13-14 & line 17-19) and collides with the umbrella-shaped portion of the second valve (”the second valve 140 B is configured to release its seal with the first opening upon a pull force from a user inhalation through second hollow cavity portion 182 on an umbrella-like portion of second valve 140 B. As such, the pull force can invert an umbrella portion of second valve 140 B (e.g., comprised of an umbrella portion and a stem portion capable of wedging within a first hollow tube portion 181” col. 5, line 65 – col. 6, line 1-4).
Prog further discloses the airflow channel is formed between the umbrella-shaped portion and the bottom cover (col. 4, line 47-58).
Therefore, before the effective date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hon by substituting Hon’s disclosed sphere-shaped second valve with an umbrella-shaped second valve provided with an umbrella-shaped portion and insertion portion adjustment and further by arranging Hon’s adjustment chamber to be collided with the umbrella-shaped second valve through its bottom cover provided with an airflow channel as taught by Prog, because both Hon and Prog are directed to smoking devices, Prog teaches an umbrella shaped valve adjustment for accessible airflow/smoke flow functions and this involves applying a known teaching to yield predictable results.
Claim 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang as applied to claim 1 above, and further in view of Chiu-Rong (US4682611A)
Regarding claim 14, Zhang discloses a cigarette burnt end removal from the combustion control tube 303 (“after use, remove the cigarette butt and clean the inner wall of the hollow tube 303” [n0049]). Zhang further discloses the burning end of the cigarette sits at an end of combustion control tube 303 away/opposite the cigarette insertion slot/cigarette through hole 405 (“user inserts the cigarette into the cigarette through hole 405, adjusts the retractable part of the hollow tube 303 so that the end of the cigarette just contacts the ignition electrode 301 [n0049]).
Zhang does not explicitly disclose a cutting member arranged at an end of the combustion control tube away from the slot.
Chiu-Rong directed to a portable cigarette ash tube (Abstract), comprising a cigarette holder, a mouthpiece/top opening 3, an inner tube 1 and an outer 2 joined in a telescopic manner (col. 1, line 34-36; FIG. 3). Chiu-Rong further discloses a cutting member (“cone-shaped bladed scratcher 6”) is positioned at the end of the inner tubular body through which a cigarette protrudes during smoking and where the burning ember/soot resides (col.1, line 21-25); (col. 2, line 1-4; FIGs.1-3).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang’s already disclosed combustion tube end part away from a slot by incorporating a cutting member as taught by Chiu-Rong, because both Zhang and Chiu-Rong are directed to smoking devices and associated cigarette combustion fixtures, Chiu-Rong teaches the use of a blade scratcher on the inside bottom end wall of a cigarette tube for cutting/scratching down the ember end of a cigarette [col 1, line 20-24], and this involves adding a single cutting/scratching blade to a telescoping cigarette tube already disclosed in Zhang to a known device (telescoping combustion-control tube) to achieve predictable results.
Regarding Claim 15, neither Zhang nor Chiu-Rong disclose two cutting portions arranged oppositely in a radial direction of the combustion control tube.
However, one having ordinary skill in the art would have been motivated to further modify modified Zhang’s combustion control tube with a cutting member, by providing additional cutting portion to include a second, oppositely -arranged cutting portion since Chiu-Rong discloses a single cutting member in order to clean soot from a burning cigarette ember (col.1, line 21-25); (col. 2, line 1-4; FIGs.1-3), a second cutting portion positioned in a radial direction of the combustion control tube would ensure a complete and balance cutting contact around the full radial circumference of the cigarette ember from both sides simultaneously, rather than relying on a single-sided cutting and this involves applying a known teaching of using a quartz glass material of a similar smoking device to yield predictable results. See MPEP 2144.04 (VI)(B).
Claim 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hon in view of Zhang as applied to claim 1 and in view of Chiu-Rong as applied to claim 15 above, and further in view of Burthey (US 2690754 A).
Regarding claim 6, Hon doesn’t explicitly disclose (I) an outer housing made of heat-insulating material, (II) an inner housing and an outer housing that is sleeved on the inner housing; wherein the combustion control tube arranged and slidably connected to the inner housing.
Regarding (I), Zhang in view of Hon discloses an outer housing (“double-walled tube” also referred to as “cigarette lighter chamber 3” [n0041]; [n0037]; Fig. 1). Zhang further disclosed that the double-walled tube is made of quartz glass, the quartz glass is heat-resistant, the double-walled tube can prevent burns to the hands [n0041]; [n0049]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Hon by providing the combustion control tube with an outer housing made of heat-insulating material as taught by Zhang because both Hon and Zhang are directed to cigarette smoking devices, Zhang teaches a combustion control tube with a housing that is made of heat-resistant material to prevent the users’ hand from burning and this involves applying a known teaching of using a quartz glass material of a similar smoking device to yield predictable results.
Regarding (II), Zhang in view of Hon does not explicitly teach an inner housing, an outer housing sleeved on the inner housing, wherein the combustion control tube arranged and slidably connected to the inner housing.
Burthey directed to a smoking holder for cigarettes and cigars (4) discloses a cigarette holder with a housing (“tubular portion” (5)) and a combustion control tube (“a cylindrical socket 21” (14) – (15); Figs. 2 & 5), wherein the housing comprises an inner housing (“inner tube 10” (12); Figs. 2 & 5) and outer housing (“outer tube 15” (13); Figs. 2 & 5) that is sleeved on the inner housing (“rotatably and slidably receives the inner tube 10” (13); Figs. 2 & 5);
wherein the combustion control tube is arranged in the inner housing and slidably connected to the inner housing (14) – (15).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Hon in view of Zhang by providing an inner housing, an outer housing sleeved on the inner housing, wherein the combustion control tube arranged in and slidably connected to the inner housing as taught by Burthey, because all are directed to a tubular cigarette-holding devices, Burthey teaches a combustion control tube arranged in an inner housing and slidably connected to the inner housing providing freedom of relative rotational movement and this involves applying a known teaching of a similar device to yield predictable results.
Regarding claim 16, modified Hon in view of Zhang and does not disclose a cutting member being connected to a sleeve tube.
Burthey directed to a smoking holder for cigarettes and cigars (4) discloses a combustion control mechanism ((4) – (19); Figs. 1-2 & 5) comprises a sleeve tube (“inner tube 10” (12); Figs. 2 & 5) sleeved on a combustion control tube (“a cylindrical socket 21” (14) – (15); Figs. 2 & 5), the combustion control tube is slidably connected to the housing (“outer tube 15” (13)-(14) through the sleeve tube (14), and the cutting member is connected to the outer tube (16).
While Burthey doesn’t disclose cutting member is connected to a sleeve tube/inner tube, Chiu-Rong discloses a cutting member (“cone-shaped bladed scratcher 6”) is positioned at the end of the inner tubular body through which a cigarette protrudes during smoking and where the burning ember/soot resides (col.1, line 21-25); (col. 2, line 1-4; FIGs.1-3).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Hon in view of Zhang by providing a sleeve tube sleeved on the combustion control tube and slidably connected to the housing as taught by Burthey, and incorporating the inner tubular/sleeve tube-cutting member connection as taught by Chiu-Rong, because all are directed to cigarette smoking devices with tubular assembly, Burthey teaches a combustion control tube slidably connected to a housing through a sleeve tube providing freedom of relative rotational movement (14)-(15), and Chiu-Rong teaches the use of a blade scratcher on the inside bottom end wall of a cigarette tube for cutting/scratching down the ember end of a cigarette (col 1, line 20-24), this involves applying a known teaching of a similar device to yield predictable results.
Furthermore, the Examiner recognizes this telescopic design of a cigarette, designed to slide relative to the cigarette as it burns down, is a known technique in the art. A tube which closely surrounds a burning cigarette and slides along it as combustion proceeds will accumulate ash/soot at the end of the tube nearest the burning tip, and that such accumulation would obviously need to be removed or at least reduced by incorporating a cutting member within a combustion tube.
Conclusion
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/HELEN GHEBRESELASSIE/ Examiner, Art Unit 1755
/ERIC YAARY/ Examiner, Art Unit 1755
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