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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group 1 (Claims 1-11) in the reply filed on June 18, 2026 is acknowledged.
Claim(s) 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 18, 2026.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 8-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerding (US20200275691A1).
In regards to Claim 1, Gerding discloses a smoking device (smoking pipe 10) comprising,
a top portion (slide cover 46) with a front end and a back end where the front end has at least one opening (large aperture 48),
a bottom portion (upper housing 12 with a lower housing 14) with a front end and a back end with the front end that has at least one opening (large opening 22),
the bottom portion having at least one channel (interior channel 18) connecting and extending from the opening of the bottom portion (large opening 22) to the back end of the bottom portion (mouthpiece opening 26) [0024],
a bowl (large opening or bowl 22) that is placed inside the opening of the bottom portion where the bowl is secured in place by the top portion (slide cover 46 covers the large opening/bowl 22).
In regards to claim 2, Gerding teaches the smoking device of claim 1, wherein a second channel (secondary air passage 24) connecting and extending from the opening of the bottom portion (large opening 22) that runs perpendicular to the channel connecting the opening of the bottom portion with the back end of the bottom portion (interior channel 18; a small opening, or aperture 24 that can function as a secondary air passage (i.e., a “carb”), or as a holder for a cigarette [0021]. The interior channel 18 runs from the mouthpiece to the large opening (left to right) and the secondary air passage runs from up to down)
In regards to claim 3, Gerding teaches the smoking device of claim 1, where the top portion (slide cover 46), bottom portion (upper housing 12 and lower housing 14) and the bowl (large opening or bowl 22) are made of stainless steel (the smoking pipe is made from a material selected from a group consisting of alloy of steel [Claim 7 of Gerding]).
In regards to claim 8 and 9, Gerding teaches the smoking device of claim 1, where the opening of the top portion (large aperture 48) and the opening of the bottom portion (large opening 22) are the same diameter (a user would push the slide cover to align the slide cover large aperture with the large opening [0036]),
where the opening of the top portion (large aperture 48) and the opening of the bottom portion (large opening 22) are aligned [0036], and smoking material is placed inside the bowl and ignited for smoking [0022].
In regards to claim 11, Gerding teaches the smoking device of claim 1, where the opening of the bottom portion (large opening 22) does not fully extend through the bottom portion (tapered circle 28; the lower housing 14 contains the tapered circle 28 and the tapered circle sits below the large opening 22 [0022]).
Claim(s) 1, 4, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by John (US20230102534A1).
In regards to Claim 1, Johns discloses a smoking device (pipe 50 and cartridge 10 for smokable media [0021]) comprising,
a top portion (lid 520) with a front end and a back end where the front end has at least one opening (hole 570),
a bottom portion (body 510) with a front end and a back end with the front end that has at least one opening (recess 530),
the bottom portion (body 510) having at least one channel (channel 550) connecting and extending from the opening of the bottom portion (recess 530) to the back end of the bottom portion (opening 551) [0066],
a bowl (cartridge 10) that is placed inside the opening of the bottom portion (recess 530) where the bowl (cartridge 10) is secured in place by the top portion (The lid is generally a flat piece of material that can be placed on the top surface 521 of the body 510 so as to cover the recess 530. [0067].
In regards to claim 4, John teaches the smoking device of claim 1, where the channel (channel 550) is lined with aluminum (the material from which the body is formed can be a heat conductive material, such as a metal comprising aluminum [0048]. The body of the pipe is made of aluminum and the channel is located inside the body).
In regards to claim 10, John teaches the smoking device of claim 1, where the opening of the top portion (hole 570) and the opening of the bottom portion (recess 530) are aligned opposite one another (The lid is generally a flat piece of material that can be placed on the top surface 521 of the body 510 so as to cover the recess 530 [0067]. The hole 570 is opposite the recess 530.), where bottom end of the top portion (the bottom portion of the lid 520; the material below the hole 570) abuts the front end of the top portion (the front-end portion of the lid 520; from the hole 570 and above) and is in a closed configuration (when the lid 520 is placed on top on the top surface of the body 510 [0067]).
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over John (US20230102534A1) in view of Parrigin (US3354888A).
John is applied under 35 U.S.C. 102(a)(2), as above.
In regards to claim to claim 5, John teaches the smoking device of claim 4, wherein the channel is threaded [0064].
John does not expressly teach the channel being made of thread. Instead, John teaches the channel is tubular in shape; however, it is contemplated that the channel 550 can have any shape [0064].
Parragin discloses a cigarette holder with a smoke steam spiraling core. Parragin teaches a helical thread that provides a tortuous smoke spiraling and cooling groove [abstract]. The flat helical threads 41 with the substantially fiat surfaces 42 in close spaced proximity to the wall surface of the chamber 28 provides highly effective grooves.
John and Parragin are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely smoking device.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the smoking pipe of John with the helical thread of Parragin because John teaches the cooling system having any shape and Parragin uses the helical thread shape for cooling.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gerding (US20200275691A1), in view of Beucler (US3292634A).
In regards to claim 7, Gerding teaches the smoking device of claim 1, where the bowl (large opening or bowl 22) features a plurality of openings at the bottom of the bowl and where smoking material is placed and ignited for smoking [0022].
Gerding does not expressly teach the bottom of the bowl containing a plurality of openings at the bottom of the bowl.
Beucler teaches a cup with a bottom wall 5, which can be formed integrally with the side wall, and said bottom wall has one or more draft openings 6 formed in it [Column 2; Line: 26]. Beucler further teaches that the bottom apertures or draft openings 6 is used as a liaison between the draft exerted during smoking will be drawn through the apertures 10, through the tobacco 16 and out through the smoke passage 12 of the stem [Column: 2; Line: 71].
Gerding and Beucler are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely smoking pipes.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the smoking pipe of Gerding to include the cup with bottom apertures from Beucler because Beucler teaches the bottom apertures being used to assist in releasing the draft during smoking.
Allowable Subject Matter
Claim 6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of the allowable subject matter:
The closest prior art of record is over Gerding (US20200275691A1) which discloses the smoking device of claim 1, as set forth above.
In regards to claim 6, Gerding disclose the slide cover that is comprised of a ferrous material so that it is attracted to a magnetic field. The magnets attract the slide cover, and the magnets are placed in the housing. When in use, the user would push the slide cover to align the slide cover large aperture with the large opening. Gerding fails to teach the rotation of the top portion in relation to the bottom portion and to arrive at the claimed invention, hindsight would be used.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH C NNABUGWU whose telephone number is (571)272-8791. The examiner can normally be reached Mon-Thurs. 8:30am-5:00pm.
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/H.C.N./Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766
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