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
This office action is in response to Applicant’s amendment filed 11/17/2025.
Claims 1, 3, 14, 17, 20, and 23 are amended.
Claims 12 and 24 are cancelled.
Claims 1-11 and 13-23 are pending.
The Examiner withdraws the objection to claim 14 for minor informalities due to Applicant’s amendment filed 11/17/2025.
Response to Arguments
Applicant’s arguments, see page 10, filed 11/17/2025, with respect to the rejections of claims 1-2, 4-8, 10-11, and 13 under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Mironov and Kreitzman and claims 14-16, 18-20, and 23 under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Mironov have been fully considered and are persuasive. Applicant has amended claims 1 and 14 to include the limitation “the side wall further comprises a heating element…such that an inner surface of the side wall is disposed between every heating element and the capsule when received in the receptacle.” The prior art of record, particularly Mironov, fails to disclose such a limitation. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited prior art.
Claim Objections
Claims 1, 3, and 14 are objected to because of the following informalities:
Regarding claim 1 and 14, the claim limitation “between every heating element” should be changed to “between the heating element” to match the form of the previously claimed “a heating element.”
Regarding claim 3, the claim limitation “a top end of the receptacle and the side wall…defines” should be changed to “a top end of the receptacle and the side wall…define” to match verb tenses.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim limitation “the side wall further comprises a heating element…such that an inner surface of the side wall is disposed between every heating element and the capsule when received in the receptacle, wherein the at least one heating element spans a majority of the side wall” lacks written description in the instant specification. While the instant specification describes two different heating elements (the heating spiral 14 and the receptacle serves as a heating element in [0041]), the instant specification does not adequately describe more than one heating element that (1) has an inner surface located between the heating element and the capsule and (2) spans the majority of the side wall. The instant specification only provides support for one such heating element (see heating spiral 14 in Fig. 7) since “the receptacle has the side wall” an cannot meet (1) above. The Examiner suggests amending the claim to recite “the side wall further comprises a heating element…such that an inner surface of the side wall is disposed between the heating element and the capsule when received in the receptacle, wherein the heating element spans a majority of the side wall” to overcome the rejection.
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 1-11 and 13 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 claims 1, the claim limitation “the at least one heating element” lacks antecedent basis. While the claim provides antecedent basis for “a heating element,” the claim does not provide antecedent basis for more than one heating element. For examination purposes, the limitation will be interpreted as “the heating element.” Therefore, claims 2-11 and 13 are rejected for their dependencies.
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.
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 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.
Claims 1-2, 4-8, 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan (US 2017/0099873; of record) in view of Goch (US 2017/0071251) and Kreitzman (US 2016/0235122; of record).
Regarding claim 1, Benjamignan discloses an electrically powered hookah (abstract; “electronically heated water pipe system”) comprising a capsule (100) filled with combustible material ([0032]; “smoking medium”) comprising:
a concavely shaped section (103; Fig. 7; “capsule body”) tapered from a rim (104; “second end”) toward a flattened lower portion (107; Fig. 8B; “first end”);
and the hookah (1; see Fig. 3; “water pipe”) comprising:
a smoke chamber (12; “container”) including a vessel (2) configured to hold a liquid (31; “liquid medium”) and having a first section (8) fitted with a smoke outlet (14; “at least one suction connection”);
a combustion unit (16; “heating chamber”) including a lid (42) having air intake holes (46; see Fig. 2; “air inlet”) and a capsule holder (18; “receptacle”) for holding the capsule with the combustible material ([0032]) and a conduit (28; “suction tube”) serving as a smoke channel from the combustion unit into the smoking chamber ([0033]) including a first extremity (29) extending within the within the combustion unit and a second extremity (30) extending into the vessel ([0033]; “the suction tube extending from the receptacle to the container”), wherein the first extremity is flared to help create a seal between the conduit and combustion unit ([0034]; “sealed against the receptacle”); and
an electronic unit (22) including a programmable controller (26) to control power to the heating unit (20; [0032]);
wherein the capsule holder includes a groove (50; Fig. 6; “capsule opening” and interpreted as part of the “side wall”) holding the capsule filled with combustible material ([0032]) and a dome (51; see Fig. 6; “a sidewall tapered”) to match the capsule and configured to surround a side of capsule (see Fig. 3).
Benjamignan further discloses a heating unit (20) including a heating plate (21) is mounted above the capsule on the removable lid ([0044]; see Fig. 3), but teaches alternatively that the heating plate can be integrated into the capsule holder ([0044]).
However, Benjamignan does not explicitly teach the side wall comprising the heating element having a shape of the capsule and positioned relative to the receptacle such that an inner surface of the side wall is disposed between the heating element and the capsule when received in the receptacle, wherein the heating element spans a majority of the side wall and is configured to heat the capsule primarily through the inner surface of the side wall. Specifically, Benjamignan does not explicitly teach how to integrate the heating plate into the capsule holder.
Goch teaches a smoking device (abstract) comprising a heating chamber (6; Fig. 3; “receptacle”) having a closed lateral surface (30; “inner surface of the side wall”) and a chamber-heating device (7; “heating element”), wherein the chamber-heating device is positioned such that the closed lateral surface is disposed between the chamber-heating device and a tobacco pad (27; “capsule”) when received in the heating chamber (see Fig. 1), the chamber-heating device having a shape of the tobacco pad (see Fig. 3) and spans the majority of the closed lateral surface (see Fig. 3) such that the tobacco substance in the tobacco pad is heated exclusively by the lateral heating surface and the base surface having an inner protrusion (34) to increase the effective surface area for heating purposes ([0059]; “configured to heat the capsule primarily through the inner surface of the side wall”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benjamignan’s capsule holder having a side wall to include a heating element as in Goch because (a) Benjamignan suggests integrating the heating element into the capsule holder ([0044]), and such a modification would integrate the heating element into the capsule holder; and (b) increases the effective surface area for heating (Goch; [0059]) which can be used to quickly heat to a process/operating temperature in which tobacco vapor is produced (Goch; [0045]).
However, modified Benjamignan is silent as to a front plate forming part of the first end of the capsule body and defining a first plurality of apertures, and a back end plate coupled to the second end defining a second plurality of apertures and wherein air enters and leaves the capsule through the front end plate and the back end plate.
Krietzman further teaches the capsule including a bottom (98’; “front end plate”) comprising a plurality of apertures when inserted into the cutting element (109A); and a frangible cover (105; “back end plate”) sealing the prefilled cartridge (Paragraph 65; “coupled to the second end of the capsule body”) and defining a second plurality of apertures from cutting element (109B), wherein air flows through the manifold through vents (97B) contacting the material in the capsule, which is drawn out of the cartridge through third vents (97C) ([0067]; “air enters and leaves the capsule through the front end plate and back end plate”).
It would have been obvious to said skilled artisan to have modified the water pipe of Benjamignan to include cutting elements located above and below the capsule as in Krietzman in order to cut holes in the top and bottom of the capsule to in order to communicate the interior of the capsule with the fluid pathway (Krietzman; [0065]) with the beneficial result of reducing accumulation of odor in the device (Krietzman; abstract).
Regarding the claim limitation “a heating element…is configured to heat the capsule primarily through the niner surface of the side wall in use whilst air enters and leaves the capsule through the front end plate and back end plate,” modified Benjamignan discloses such a limitation because (1) the tobacco substance in the tobacco pad is heated exclusively by the lateral heating surface and the base surface having an inner protrusion to increase the effective surface area for heating purposes (Goch; [0059]) and air flows through the manifold through vents contacting the material in the capsule, which is drawn out of the cartridge through third vents (Kreitzman; [0067]).
Regarding claims 2 and 4, modified Benjamignan discloses the capsule holder (18) is sealed with a removable lid (42; “cover plate”) to define a cavity in which the capsule is configured to be contained within (see Fig. 3), the combustion unit (16) including the air intake holes (46; “air inlet is defined by the heating chamber”), wherein the removable lid is includes a hinge mechanism (44) connected to a recess (54) of the capsule holder ([0051]; “cover plate is fixed…to the receptacle”).
Regarding claim 5, modified Benjamignan discloses wherein a housing (6) comprises an electric power unit (24; “accumulator”) located in an electronics chamber (23) configured to power the heating unit ([0032]), wherein the conduit (28; “suction tube”) extends past the power unit (see Fig. 3; see also Fig. 3 of the instant specification, illustrating that the suction tube 11 extends past two accumulators instead of passing “through” the accumulator).
Regarding claim 6, modified Benjamignan discloses the electronics unit (22) is positioned between the smoke chamber (12; “container”) and the combustion unit (16; “heating chamber”) (see Fig. 3) such that the conduit (28; “suction tube”) is guided past the electronic unit (see Fig. 3).
Regarding claim 7, modified Benjamignan discloses the housing includes several input/output outlets (58) for allowing I/O elements (56; “communication interface”), such as a button, to be interacted with outside of the housing ([0040]; “external appliance”) such that a controller (26) in the electronics unit (22) operates the heating unit (20) in accordance with its programmed instructions ([0042]; “controlling of heating of the receptacle…influenced by the external appliance”).
Regarding claim 8, modified Benjamignan discloses the heating unit (20) includes a temperature sensor, such as a thermocouple (63) for monitoring the temperature in the combustion unit ([0046]), and the housing includes I/O elements (56; “user communication interface”), such as a button, to be interacted with outside of the housing ([0040]) such that a controller (26) in the electronics unit (22) operates the heating unit (20) in accordance with its programmed instructions ([0042]) such as using the hookah’s programmable controller to control the temperature of the heating unit ([0063]; “can vary temperature values for the heating chamber”; see also [0073] describing setting the temperatures).
Regarding claim 10, modified Benjamignan further discloses that the connection between the vessel (2) and housing (6) can be a snap-on connection, magnetic connection, or press-fit connection ([0028]; “connected detachably”), the housing including a plate (see Fig. 3; interpreted as the bottom of the electronics unit (22), and a gasket fitted on the jar between the vessel and housing ([0028]; “seal”) such that the suction tube (28) extends through the plate and gasket (see Fig. 3).
Regarding claim 11, modified Benjamignan discloses the heating element is spiral in form (see Figs. 1 and 3, illustrating the chamber-heating device 7 is coiled/spiraled).
Regarding claim 13, modified Benjamignan discloses that if a timer has expired, the processor will place the system in a low power mode ([0068]; “standby switch”).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Goch and Kreitzman as applied to claim 1 above, and further in view of Boutros et al. (US 2012/0067357; of record) and Pflaum (US 2010/0101590).
Regarding claim 3, modified Benjamignan discloses the water pipe as discussed above with respect to claim 1, wherein the combustion unit includes a lid (42; “cover plate”) covering a top end of the capsule holder (18; “receptacle”), the capsule including a sealing element (118) to assure an airtight seal with the capsule holder and/or conduit ([0057]; Fig. 8B).
However, modified Benjamignan is silent as to a top end of the receptacle and the side wall tapered to match the side surface of the capsule body define an empty space configured to be in fluid communication with the suction tube.
Pflaum teaches a hookah (title) comprising a cartridge (11) including a shell (13) provided with slots (31) and a perforated lid (15; see Fig. 2) to allow smoke therethrough (Fig. 3, [0056]) and a smoke funnel (55; “receptacle”) wherein the cartridge does not rest on the base of the smoke funnel such that a space (“empty space”) is formed between the smoke funnel and the cartridge shell, into which smoke may exit from the cartridge and through which it may be drawn into a smoke tube (51; “suction tube”) ([0064]; see Fig. 7) via a sealing edge (59) and sealing shoulder (53; similar to Benjamignan’s sealing element).
It would have been obvious to said skilled artisan to have added a sealing edge and sealing shoulder as in Pflaum to Benjamignan’s capsule holder in order to obtain the predictable result of forming a space between the capsule and the capsule holder (Pflaum; [0064]) in order to allow a user to draw air and smoke therethrough (Pflaum; [0064]). One of skill in the art would appreciate that the absence of such a space would result in a configuration where the apertures at the bottom of the cartridge (as modified by Kreitzman) are covered by the capsule holder and thereby prevent inhalation of generated
However, modified Benjamignan is silent as to wherein a bottom end of the receptacle defines the capsule opening such that the capsule can be inserted into the heating chamber from below when a cover plate is removed.
Boutros teaches a hookah accessory (abstract) comprising a top tray (104; “receptacle”) configured to hold tobacco (Paragraph 16), wherein a container (500) is used to hold tobacco and configured to fit within the hollow space of the top tray by snapping into place in the top tray ([0029]), the container comprises a top part (502), a bottom part (504) wherein the top and bottom parts are connected by a hinge (506) such that the top part opens and closes about the hinge and once closed can be locked in place using a locking mechanism (508), wherein the container can be pre-loaded ([0030]; “capsule”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating chamber of modified Benjamignan to accept a container from the bottom as in Boutros in order to obtain the predictable result of snapping a reusable container to the heating chamber that can be refilled with tobacco (Boutros; [0029]).
Regarding the claim limitation “a top end of the receptacle and the side wall…define an empty space,” one of ordinary skill in the art would appreciate that modifying modified Benjamignan’s capsule and capsule holder having the space therebetween (as modified by Pflaum) with the teaching in Boutros of accepting the capsule from the bottom would result in the top and sides of the capsule holder being spaced from the capsule to thereby define the space as suggested in Pflaum.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Goch and Kreitzman as applied to claim 1 above, and further in view of Mullen et al. (US 2014/0083520; of record).
Regarding claim 9, modified Benjamignan discloses the water pipe as discussed above with respect to claim 1 including the conduit (28).
However, modified Benjamignan is silent as to a unidirectional valve configured to prevent penetration of liquid medium from the container into the suction tube is provided between the at least one suction tube and the container.
Mullen teaches a device for smoking (abstract) comprising a combustion receptacle (200) connected to a tubular structure (300) which allows for the travel of smoke from the combustion receptacle into a container filled with liquid ([0048]), wherein the tubular structure includes a one-way valve mechanism positioned at any suitable position at the tubular structure to prevent or limit the ingress of liquid into the tubular structure ([0048]-[0049]; see Fig. 6; “unidirectional valve”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a one-way valve as in Mullen to the conduit of Benjamignan in order to prevent or limit ingress of liquid into the conduit (Benjamignan; [0048]-[0049]).
Claims 14-16, 18, 20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan (US 2017/0099873; of record) in view of Goch (US 2017/0071251).
Regarding claim 14, Benjamignan discloses an electrically powered hookah (abstract; “electronically heated water pipe”) the hookah (1; see Fig. 3; “housing”) comprising:
a smoke chamber (12; “container”) including a vessel (2) configured to hold a liquid (31; “liquid medium”);
a first section (8) fitted with a smoke outlet (14; “at least one suction connection”);
a combustion unit (16; “heating chamber”) coupled to the hookah (see Fig. 3) comprising:
a capsule holder (18; “receptacle”) for holding the capsule with the combustible material ([0032]) including a groove (50; Fig. 6; “capsule opening” and interpreted as part of the “side wall”) and a dome (51; see Fig. 6; “side wall”) to match the capsule (i.e., “having a length extending from a first end to a second end of the capsule;” see also Fig. 3) and configured to surround a side of capsule (see Fig. 3); and
a conduit (28; “suction tube”) serving as a smoke channel from the combustion unit into the smoking chamber ([0033]) including a first extremity (29) extending within the within the combustion unit and a second extremity (30) extending into the vessel ([0033]; “the suction tube extending from the receptacle to the container”), wherein the first extremity is flared to help create a seal between the conduit and combustion unit ([0034]; “sealed against the receptacle”); and
wherein the hookah comprises a temperature sensor, such as a thermocouple (63), for monitoring the temperature in the combustion unit ([0046]) and the housing includes I/O elements (56; “user interface”), such as a button, to be interacted with outside of the housing ([0040]) such that a controller (26) in the electronics unit (22) operates the heating unit (20) in accordance with its programmed instructions ([0042]) such as using the hookah’s programmable controller to control the temperature of the heating unit ([0063]; “can vary temperature values for the heating chamber”; see also [0073] describing setting the temperatures).
Benjamignan further discloses a heating unit (20) including a heating plate (21) is mounted above the capsule on the removable lid ([0044]; see Fig. 3), but teaches alternatively that the heating plate can be integrated into the capsule holder ([0044]).
However, Benjamignan does not explicitly teach the side wall comprising the heating element adapted to the shape of the capsule and adapted to surround the outer side surface of the capsule such that the heating element spans a majority of the length of the capsule and wherein the receptacle is configured to provide heat input laterally to the capsule from the heating element through the side wall. Specifically, Benjamignan does not explicitly teach how to integrate the heating plate into the capsule holder.
However, Benjamignan does not explicitly teach the side wall comprising the heating element having a shape of the capsule and positioned relative to the receptacle such that an inner surface of the side wall is disposed between the heating element and the capsule when received in the receptacle, wherein the heating element spans a majority of the length of the capsule and is configured to heat the receptacle in use. Specifically, Benjamignan does not explicitly teach how to integrate the heating plate into the capsule holder.
Goch teaches a smoking device (abstract) comprising a heating chamber (6; Fig. 3; “receptacle”) having a closed lateral surface (30; “inner surface of the side wall”) and a chamber-heating device (7; “heating element”), wherein the chamber-heating device is positioned such that the closed lateral surface is disposed between the chamber-heating device and a tobacco pad (27; “capsule”) when received in the heating chamber (see Fig. 1), the chamber-heating device having a shape of the tobacco pad (see Fig. 3) and spans the majority of the length of the tobacco pad (see Fig. 1) such that the tobacco substance in the tobacco pad is heated exclusively by the lateral heating surface and the base surface having an inner protrusion (34) to increase the effective surface area for heating purposes ([0059]; “configured to heat the capsule primarily through the inner surface of the side wall”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benjamignan’s capsule holder having a side wall to include a heating element as in Goch because (a) Benjamignan suggests integrating the heating element into the capsule holder ([0044]), and such a modification would integrate the heating element into the capsule holder; and (b) increases the effective surface area for heating (Goch; [0059]) which can be used to quickly heat to a process/operating temperature in which tobacco vapor is produced (Goch; [0045]).
Regarding the claim limitation “the receptacle is configured to provide heat input laterally to the capsule from the heating element through the side wall to heat a smoke medium disposed within the capsule and produce smoke that is delivered to the container,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, because the heating element of modified Benjamignan is the same as instantly claimed, it is capable of being operated with similar if not identical claimed characteristics.
Regarding claim 15, modified Benjamignan discloses a top end (“second end”) of the capsule holder (18) defines the groove (50).
Regarding claim 16, modified Benjamignan discloses that a removable lid (42; “base plate”) is removably coupled to the top end of the capsule holder to enclose the combustion unit (see Figs. 1 and 3).
Regarding claim 18, modified Benjamignan discloses a bottom end (“first end”) of the capsule holder (18) includes a central aperture (48; “second opening”) which communicates with a first extremity (29) of the conduit (28) that enters the smoke chamber through a second extremity (30; Fig. 3).
Regarding claim 20, modified Benjamignan discloses the capsule (100) has a concavely shaped section (103; see Figs. 7 and 8B; “cavity”) that supports combustible material (101; “smoke medium”).
Regarding claim 23, modified Benjamignan discloses an O-ring (55; “adapter ring”) may be provided in the groove (adapter ring mounted [on the sidewall] at the capsule opening), at a location where the capsule holder interfaces with the capsule ([0052]) and configured to receive a capsule (100) therethrough (see Fig. 3).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Goch as applied to claim 15 above, and further in view of Boutros et al. (US 2012/0067357; of record).
Regarding claim 17, modified Benjamignan discloses the water pipe as discussed above with respect to claim 15, wherein the combustion unit includes a lid (42; “cover plate”) covering a top end of the capsule holder (18; “receptacle”).
However, modified Benjamignan is silent as to wherein the second end of the receptacle is disposed below a first end of the receptacle such that the capsule can be inserted into the receptacle from below.
Boutros teaches a hookah accessory (abstract) comprising a top tray (104; “receptacle”) configured to hold tobacco (Paragraph 16), wherein a container (500) is used to hold tobacco and configured to fit within the hollow space of the top tray by snapping into place in the top tray ([0029]), the container comprises a top part (502), a bottom part (504) wherein the top and bottom parts are connected by a hinge (506) such that the top part opens and closes about the hinge and once closed can be locked in place using a locking mechanism (508), wherein the container can be pre-loaded ([0030]; “capsule”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating chamber of modified Benjamignan to accept a container from the bottom as in Boutros in order to obtain the predictable result of snapping a reusable container to the heating chamber that can be refilled with tobacco (Boutros; [0029]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan in view of Goch as applied to claim 14 above, and further in view of Mironov et al. (US 2016/0324215; of record).
Regarding claim 19, modified Benjamignan discloses the water pipe as discussed above with respect to claim 14, wherein the capsule (100) tapers from the rim (104; “second end”) toward the flattened lower portion (107; Fig. 8B; “first end”), and the capsule holder includes the dome (51; see Fig. 6; “a sidewall tapered”) to match the capsule (see Fig. 3), wherein the chamber-heating device (Goch; 7; “heating element”) is positioned relative to the capsule holder such that the chamber-heating device surrounds the outer side surface of the capsule while the capsule is disposed within the capsule holder (Goch; see Fig. 1).
However, modified Benjamignan does not explicitly teach the heating element is conical. While Benjamignan’s capsule and capsule holder are conical in shape, Goch teaches the chamber-heating device is cylindrical in shape.
Mironov teaches a capsule for an aerosol generating device (abstract) comprising a housing (302) having a cavity (309; Fig. 7; “heating chamber…including a receptacle”) configured to receive a capsule (100), and an external heater (702; “heating element”) provided within the cavity ([0080]) such that the heating element is provided on a side wall of the cavity (Fig. 7) and has a tapered shape (see Fig. 7), wherein shape of the external surface of the at least one heater is configured to substantially match the shape and dimensions of the recess of the capsule ([0035]), and the cavity configured to substantially match the shape and dimensions of the capsule ([0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benjamignan’s chamber heating device to be match the shape of the conical capsule and capsule holder as suggested by Mironov because such a modification allows for the heat transfer from the heater to the capsule to be improved (Mironov; [0035]) and such a modification involves the mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 (IV).
Claims 21-22 rejected under 35 U.S.C. 103 as being unpatentable over Benjamignan (in view of Goch as applied to claim 20 above, and further in view of Kreitzman (US 2016/0235122; of record).
Regarding claim 21, modified Benjamignan discloses the water pipe as discussed above with respect to claim 20, wherein the capsule (100) includes a concavely shaped section (103; Fig. 7; “capsule body”) tapered from a rim (104; “second end”) toward a flattened lower portion (107; Fig. 8B; “first end”).
However, modified Benjamignan is silent as to a front plate forming part of the first end of the capsule body and defining a first plurality of apertures, and a back end plate coupled to the second end defining a second plurality of apertures and wherein air enters and leaves the capsule through the front end plate and the back end plate
Kreitzman further teaches the capsule including a bottom (98’; “front end plate”) comprising a plurality of apertures when inserted into the cutting element (109A); and a frangible cover (105; “back end plate”) sealing the prefilled cartridge (Paragraph 65; “coupled to the second end of the capsule body”) and defining a second plurality of apertures from cutting element (109B), wherein air flows through the manifold through vents (97B) contacting the material in the capsule, which is drawn out of the cartridge through third vents (97C) ([0067]; “air enters and leaves the capsule through the front end plate and back end plate”).
It would have been obvious to said skilled artisan to have modified the water pipe of Benjamignan to include cutting elements located above and below the capsule as in Kreitzman in order to cut holes in the top and bottom of the capsule to in order to communicate the interior of the capsule with the fluid pathway (Kreitzman; [0065]) with the beneficial result of reducing accumulation of odor in the device (Kreitzman; abstract).
Regarding claim 22, modified Benjamignan discloses wherein an outer side of the capsule (100) contacts the side wall of the capsule holder (18) (see Fig. 4), wherein an abutment portion (49; “end of the receptacle”) is a spaced from the rip of the capsule (104; “first end of the capsule”) by a protrusion (105; see Fig. 8B; the space defined between the protrusion and the abutment portion is considered the “free space”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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, Philip Y Louie can be reached at (571) 270-1241. 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.
/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755