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 1-5 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 reads “wherein the has a taper which extends the entire length of the tip to form the conical frustrum.” Based on Fig 1 of the present application, it appears that Claim 4 should read “wherein the tube has a taper which extends the entire length of the tip to form the conical frustrum shape.” Appropriate correction is required.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lalehzadeh (US 20200170294 A1).
Regarding Claim 1, Lalehzadeh discloses a tapered tip for being attached to a wrapper containing a smokeable substance ([0007]), said tip comprising:
a tube having a conical frustrum shape (mouth tip 102 is a frustoconical shaped structure. [0027], Fig 3),
having two ends forming first and second openings at opposite ends of said tube (first end 102a and the second end 102b [0027], Fig 3),
said openings fluidly connected to each other by a chamber disposed between the two ends (internal channel 902 extends along a single axis from the first end 102a to the second end 102b. [0027], Fig 3),
the chamber and said two ends being axially aligned (internal channel 902, first end 102a, and second end 102b are aligned along a single axis. [0027], Figs 3 & 9).
Regarding Claim 2, Lalehzadeh discloses a tip wherein the tip includes a receiving chamber having an open end (internal channel 902 is tapered inward toward the mouth end; such that, without the optional filter 901, the first end 102a comprises a receiving chamber. [0032]-[0033], Fig 9).
Examiner’s note: Claim 2 recites “an open end dimensioned to receive an end of a paper containing the smokeable substance, said paper being wrapped around the smokeable substance to form a conical frustrum for attaching to the tip at one end thereof” which is a recitation of intended use of the open end. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here, the internal channel 902 of Lalehzadeh ([0032]-[0033], Fig 9) is capable of receiving a frustoconical end of a paper containing a smokeable substance and thus meets the claim.
Regarding Claim 3, Lalehzadeh discloses a tapered tip wherein the receiving chamber extends the length of the tapered tip to the opposite end of the tip, which opposite end has an opening to allow smoke from the smokeable substance to be inhaled (The second end 102b of the mouth tip 102 extends from the internally tapered channel 902 and contacts the mouth of a smoker, such that the smoker is able to inhale the smoke from second end 102b. [0032]-[0033], Figs 3 & 9).
Regarding Claim 4, Lalehzadeh discloses a tip wherein the tube has a taper which extends the entire length of the tip to form the conical frustrum shape (internal channel 902 is tapered inward toward the mouth end, thus forming a conical frustrum shape. [0032]-[0033], Fig 9).
Regarding Claim 5, Lalehzadeh discloses a tip wherein the tip is made of glass (The mouth tip 102 is made from glass. [0027], Fig 3).
Conclusion
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/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755