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 Objections
Claims 1, 3 are objected to because of the following informalities:
Claim 1, line 9, "the wall" should be --a wall--
Claim 3, line 3, "the edge area" should be --an edge area--
Appropriate correction is required.
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 applicant regards as his invention.
Claims 7, 8, and 13-15 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 7 recites ventilation holes "are left out from the ventilation cover" in the last line. Claim 8 recites "oblong holes are left out in the wall of the headpiece" in the last line. It is unclear what is meant by the phrase "left out." Left out is conventionally understood to mean excluded or omitted but it appears Applicant intends to mean the holes are formed in the respective cover or headpiece. Interpreting the phrase as 'excluded' does not make sense as it would be unclear where the holes are formed. For the purpose of examination, it is assumed to mean the ventilation holes are formed in the respective ventilation cover or wall of the headpiece.
Claim 13 recites "A method of producing a ventilation cover having ventilation holes, a headpiece . . . to create a tobacco head according to claim 1." Examiner notes that the claim does not recite any positive steps delimiting how the method is actually performed. Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(q).
Claim 14 recites the method "comprises a stamping process" and claim 15 recites the "method comprises a laser cutting process." One of ordinary skill in the art is not reasonably apprised of the metes and bounds of these limitations. It is unclear how the general recitation of a "stamping process" or "cutting process" relate to the creating of the tobacco head according to claim 1. For example, it is unclear if any of the elements of the tobacco head must be formed using stamping or laser cutting. The claims fail to recite any positive steps concerning the manipulation of material to create the tobacco head.
Allowable Subject Matter
Claims 1-6, 9-12 allowed.
Claims 7 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 13-15 would be allowable if they were amended to include positive steps describing how the tobacco head of claim 1 is created.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is represented by Goch (DE 102014005884), DE 202019100556, Wilderson (BR202017017675), DE 202019001163, Stary (CZ 2018388), Nguyen (US 2019/0364960). Kotb (DE 102020113923), DE 202021106167. The cited references disclose tobacco heads or attachments for a water pipe having ventilation plates and cylindrical headpieces. The prior art of record fails to further teach or suggest the combination of a ventilation cover having multiple ventilation cover tabs which form a first bayonet closure with multiple retaining webs on the wall of the headpiece and an edge of the head flange or edge recesses of the head flange form a second lower bayonet closure with multiple engagement tabs protruding away from the stand. In particular, DE 202019100556 discloses a heat regulation system having a ventilation cover and a headpiece wherein the cover has tabs that close with retaining webs on the wall of the headpiece (see lid 40 with lid flap 41 that is rotated into a groove 33 of the headpiece, Fig. 5). DE '556 does not disclose the additional head flange and stand with second lower bayonet closure as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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