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 Applicants Arguments/Remarks filed 9/7/2025.
Claim 1 is amended.
Claims 1-20 are presently examined.
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 and 8-20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Liu (US20220312834A1).
Regarding Claim 1, Liu discloses an electronic hookah smoking material loading device, comprising:
a main unit (main unit device illustrated in FIG 1); wherein:
the main unit comprises a lower bracket, a thermal insulation seat (the cup complex comprising at least cups 10,29,5) and a base (see annotated FIG 1 below);
the thermal insulation seat and the base are arranged in the lower bracket (see annotated FIG 1, compare to FIG 9);
the thermal insulation seat is provided with a cavity for containing a smoking material (e.g., the nested combination including at least cup 10, 29, and cup 5 from FIG 1 and 9, this thermal insulation seat hereinafter referred to as 10,29,5, which shows the exploded and assembled devices respectively) and upper surface of base on which the cup rests, see FIG 1, see also [0078], cup 10,29,5 is disposed in the coil 17 (which is part of the base when assembled) to provide thermal insulation for the other components and to contain the smoking material, see also FIG 9 where the device is assembled, cup 5 is nested into cup 29 and 10 from FIG 1 and merely annotated as cup 5 in FIG 9 and [0079] teaches the cup is placed in the coil which causes the cup 5 to heat the contained tobacco materials to produce smoke and for the smoke to be discharged through the water to filter harmful substances before inhalation of the smoke by the smoker.
the lower bracket is provided with a mounting assembly for connecting or fixing a heating device (see FIG 1, lower bracket is provided with mounting assembly as annotated for connecting or fixing a heating device. E.g., the lower bracket would fix the heating device underneath its installed position, as the thermal insulation seat is seated with the coil 17, see also [0078] – [0079]);
the thermal insulation seat (10,29,5) is arranged at one end of the base (See annotated FIG 1, which contains the smoking material, see [0079] which teaches the cup is nested in the coil which causes the cup to heat the contained tobacco materials to produce smoke and for the smoke to be discharged through the vapor channel and through the water to filter harmful substances before inhalation of the smoke by the smoker,
the adapter port is communicated with a container filled with filtrate (adapter port accommodates and is adapted to communicate with the water chamber 207 which is filled with a water filtrate, see [0055], see also annotated FIG 1 which shows the lower bracket with accommodating positions on opposite sides for the thermal insulation seat and adapter port, the adapter port is interpreted to include both the negative shape of the container filled with filtrate and also the glass container itself which includes the air outlet hole as annotated in FIG 1);
the adapter port is provided with an air outlet hole, and the air outlet hole is communicated with the smoking material (see FIG 1 below, the air outlet hole is the vapor pathway that communicates smoke from the smoking material being heating in the thermal insulation seat and allows the produced smoke a pathway to exit the smoking device, thereby communicating the smoking material to the mouthpiece of the device, the exit of said pathway or air outlet hole is annotated below); and wherein
the thermal insulation seat comprises a seat wall (e.g., the wall edges of the thermal insulation seat, see [0078], side wall of second cup 5), and a seat bottom at a bottom part of the seat wall (e.g., the bottom edge of the wall of the thermal insulation seat 10, 29, 5 complex), the adapter port is positioned on the seat bottom (the adapter port includes the upper surface of the heating coil on which the thermal insulation seat rests (see annotated FIG 1 below), therefore the adapter port is positioned on the seat bottom), and the seat bottom includes a seat edge (the seat edge includes the interior surfaces of the vapor path, which includes the edge of the edge if the inside of cup 5 which has a cavity 501 for heating the tobacco material, it’s a continuous pathway that communicates smoke/vapor as explained above, in order to communicate smoke from the smoking material being heating in the thermal insulation seat and allows the produced smoke a pathway to exit the smoking device, and that the thermal insulation seat bottom includes a seat edge (interior surface of cup 5 which is nested in cups 29 and 10 to form the thermal insulation seat), this pathway is interpreted to include the interior surfaces of the vapor pathway which surrounds the vapor pathway to the air outlet hole of the adapter port.);
when heated, the smoking material is atomized into gas and passes through the thermal insulation seat to the base (the thermal insulation seat (10,29,5) is installed in the base in the heating coil 17 which are both in the base when assembled as illustrated (see annotated FIG 1, see also FIG 9 regarding cup 5 and [0079] which teaches the cup is nested in the coil (the coil is positioned in the base, therefore the atomized gas passes through the thermal insulation seat to/in the base), and thus atomized gas (smoke) passes through the thermal insulation seat to the base before passing through the next part of the smoking device), the coil is configured to cause the thermal insulation seat (10,29,5) to heat the contained tobacco materials to produce smoke and for the smoke to be discharged through the vapor path in the device so that the smoke can be pushed through the water to filter harmful substances before inhalation of the smoke by the smoker.
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Regarding Claim 2, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches a lower air inlet hole (see annotated FIG 1 above) is provided in the base (when assembled); and
a first gap is provided between the base and the adapter port (See annotated FIG 1 is provided between the majority of the base and the adapter part), the first gap is communicated with the lower air inlet hole to form a lower air inlet channel (see annotated FIG 1 above), and
the lower air inlet channel (see annotated FIG 1) is communicated with the smoking material.
Regarding Claim 3, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches a diameter of a top part of the adapter port is less than a diameter of a bottom part of the adapter port (see FIG 1, the neck preceding the air outlet hole (a top part) is smaller than the bottom of the adaptor port, see annotated FIG 1 above).
Regarding Claim 4, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches the thermal insulation seat is recessed to form a heating chamber, the thermal insulation seat is a cup and is recessed accordingly (See annotated FIG 1 and cup 10/29/5, see also [0078]).
Regarding Claim 5, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches an outer ring of the lower bracket (the outside perimeter of the lower bracket is the outer ring) is provided with a lower housing (when assembled the lower bracket nests into the lower housing, and is thus provided with a lower housing becoming part of the base).
Regarding Claim 6, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches an inner baffle is provided in the thermal insulation seat (the air intake 1 comprising the intake body 103 and first tube 101 is disposed into the open top and abuts into the smoke collector and is configured to conduct air into the hookah while sealing the smoke chamber and thus baffling the air intake, see also [0071] and FIG 1), (a baffle is interpreted to include any structure that interferes with fluid motion) and
the inner baffle surrounds the smoking material ( when inserted into the smoke chamber, the baffle first tube is inserted into the assembled hookah and into the smoke chamber 204 which would be inserted into the smoke chamber and as explained in [0071] would seal the smoke chamber functionally baffling airflow in the seal, thus the first tube would functionally baffle the airflow in the seal.).
Regarding Claim 7, Liu discloses the claim limitations as set forth above. Additionally, Liu teaches the inner baffle is adapted with the thermal insulation seat, as explained above in the rejection of claim 6, the air intake 1 is configured to conduct air into the hookah and seal the smoke chamber 204. The smoke chamber 204 is connected to the top of the thermal insulation seat (cup 10/29/5), see FIG 1, when assembled and the inner baffle is inserted the inner baffle is adapted with the thermal insulation seat.
Regarding Claim 8, Liu discloses the claim limitations as set forth above. Additionally, Liu discloses the thermal insulation seat is thermally protective and thus made of a high-temperature-resistant material (see [0078], the thermal protective cup is thermally protective and is therefore configured for resisting the temperature of the hot coil that it accommodates for forming the aerosol, and would thus be expected to be inherently made from a high temperature resistant material).
Regarding Claims 9-14, Liu discloses the claim limitations as set forth above. Additionally, Liu discloses an electronic hookah, comprising a first component (see annotated FIG 1) and the electronic hookah smoking material loading device according to claim 1 (see rejection of claim 1 above), and
the electronic hookah smoking material loading device is connected to the first component (see FIG 1, upon assembled the two are connected); and
the first component is provided with a heater (see annotated FIG 1, the first component is provided with the heater coil 17), and
smoking material and the heater are arranged oppositely (e.g., the smoking material is arranged from the top and the heater is arranged from the bottom).
Regarding Claims 15-20, Liu discloses the claim limitations as set forth above. Additionally, Liu discloses an electronic hookah, comprising the electronic hookah smoking material loading device according to claim 1 (see rejection of claim 1 above), the main unit is provided with a heater, e.g., heater 17, see annotated FIG 1), and
smoking material and the heater are arranged oppositely (e.g., the smoking material is arranged from the top and the heater is arranged from the bottom).
Response to Arguments
Applicant's arguments filed 9-7-2025 have been fully and carefully considered however they are found not found persuasive. However the rejection and mapping are modified to clarify how the art meets the claim limitations; the cited reference continues to disclose all aspects of the claims as amended.
Applicant argues (bottom of page 5 of arguments)
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This argument is not found persuasive however the rejection and mapping are modified to clarify how the art meets the claim limitations. Specifically, as set forth above and repeated as follows for clarity: when heated, the smoking material is atomized into gas and passes through the thermal insulation seat to the base (the thermal insulation seat (ref#’s 10, 29, 5, see FIG 9) is installed in the base in the heating coil 17 which are both in the base when assembled as illustrated (see annotated FIG 1, see also FIG 9 regarding cup 5 and [0079] which teaches the cup is nested in the coil (the coil is positioned in the base, therefore the atomized gas passes through the thermal insulation seat to/in the base), and thus atomized gas (smoke) passes through the thermal insulation seat to the base before passing through the next part of the smoking device), the coil is configured to cause the thermal insulation seat (10,29,5) to heat the contained tobacco materials to produce smoke and for the smoke to be discharged through the vapor path in the device so that the smoke can be pushed through the water to filter harmful substances before inhalation of the smoke by the smoker.
Applicant further and similarly argues on page 6 of the remarks/arguments:
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This argument is not found persuasive however the rejection and mapping are modified to clarify how the art meets the claim limitations. Specifically this argument is not persuasive because the thermal insulative seat includes the complex of cups 10, 5, and 29 and Liu [0079] teaches the cup is placed in the coil which causes the cup 5 to heat the contained tobacco materials contained therein (the location the tobacco material is contained is interpreted to be the cavity) to produce smoke and for the smoke to be discharged through the vapor channel and through the water to filter harmful substances before inhalation of the smoke by the smoker. Thus, the thermal insulation seat, which includes cup 5, includes a cavity for containing a smoking material.
Applicant argues on page 6 of the remarks:
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This argument is not found persuasive however the rejection and mapping are modified to clarify how the art meets the claim limitations. However, as explained in response to point 2 above, the thermal insulation seat, which includes cup 5, includes a cavity for containing a smoking material.
Applicant argues on page 6-7 of the remarks:
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This argument is not found persuasive however the rejection and mapping are modified to clarify how the art meets the claim limitations. Thus, when the vapor is formed in the thermal insulation seat gasses pass through the seat (e.g., oxygen comes in and products of combustion leave) and gasses passes from the thermal insulation seat to be inhaled (e.g., from the thermal seat to the base when its formed) meeting the claim limitation as presented.
Applicant argues on page 7 of the remarks:
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This argument is not found persuasive however the rejection and mapping are modified to clarify how the art meets the claim limitations. As set forth above the thermal insulation seat is interpreted to include cups 10, 29, and 5. The tobacco material is heating in cup 5 as explained above. (Liu [0079] teaches the cup is placed in the coil which causes the cup 5 to heat the contained tobacco materials contained therein (the location the tobacco material is contained referring to cup 5 by Liu is interpreted to be the cavity).
Applicant argues on page 7 (point 6 and 7 of the remarks) of the remarks that the claim interpretation is improper, too broad, and unreasonable and not anticipated.
This is not found persuasive because the argument appears to be generally arguing claim interpretation(s) is/are improper, too broad, and unreasonable, but the argument is not specifically referring to which specific claim limitations are being interpreted to be improper, too broad, and unreasonable in view of the specification, and more specifically, how the limitations in question should be interpreted. The claim rejections are believed to be reasonable and to anticipate the claims as set forth above.
Applicant argues in point 8 on page 7:
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Applicant’s arguments in response to the non-final office action mailed 3/26/2025 were not persuasive for the reasons explained in the final action mailed 6/26/2025. If Applicants believed that the finality of the office action was improper, as Applicant appears to be arguing, then Applicants could have filed a petition to the TC directors to withdrawn the finality of the office action. However, any such petition and arguments are rendered moot by the request for continued examination filed 9/07/2025.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747