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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11 November 2025 has been entered.
Status of the Claims
Claims 1-2, 4-8, 10-11, and 13-17 are pending and are subject to this Office Action. Claim 1 has been amended. Claims 3, 9, 12, and 18 have been cancelled.
Response to Arguments
Applicant’s arguments, see pages 8-17, filed 11 November 2025 with respect to the rejections of claims 1-2, 4-8, 10-11, and 13-17 under USC §103 have been fully considered and are persuasive.
Claim 1 has been amended to add the limitations:
wherein the second component is further provided with an atomizing pot for loading the tobacco materials, an adapter portion provided with the air outlet, a bracket surrounding the adapter portion, and a gap provided between the adapter portion and the bracket; and the second airway is defined by the at least one second air inlet, the gap, the atomizing pot, and the air outlet:
wherein the at least one second air inlet is provided at a bottom of the second component away from the first component, and a direction in which the external unheated air flows from the at least one second air inlet is perpendicular to a direction in which the external unheated air flows from the at least one first air inlet.
The prior art of record fails to teach the bracket surrounding an adapter portion of the device or the air gap provided between the bracket and the adapter portion. However, upon further consideration, a new grounds of rejection is made in view of previously applied art and newly found prior art.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 2, 4, 5, and 10-11 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen, et al (WO2018107497A1) and further in view of Zhang (US20210267274A1).
Regarding claim 1, Chen teaches a hookah smoking article that is comprised of a first base (first component) and a second base (second component). [0010-0011]
The first component comprises a heating body (heating element), a heating cup body used to hold aerosol generating material, and a plurality of first air inlet holes defined on the outer cover of the first component. [0010]
The second component comprises a second base, a second air inlet, and an air guide tube to a filter bottle. [0075] The second base covers the heating cup of the first component and a cavity is formed between the second component and the heating cup and heating body. [0060] Chen discloses that the first component is designed to connect to the second component the second component. [0062]
Chen teaches “When the user inhales, air flows in through the first air inlet, and by forced convection, takes away a portion of the heat of the heating body and enters the cup body to bake the hookah, causing the temperature of the hookah to rise briefly and promoting an increase in the amount of smoke.
When the generated smoke passes through the second base and enters the filter, the cold airflow entering through the second air inlet reduces the temperature and dilutes the concentration, which can prevent the smoke from burning the mouth and make the taste more refreshing. After entering the filter, the smoke is filtered by the filter medium and then passed through the mouthpiece for inhalation by the smoker.” [0018] Chen describes the air flow path enters the first component, flows past the heating element, and uses the heated air to bake the aerosol generating material. The smoke generated from the aerosol generating material enters a cavity located in the second component below the cup containing the aerosol generating material where it is combined with air that enters from a second air inlet, at a second temperature, located in the second component. The air/smoke mixture then travels through an air guide tube at the bottom of the cavity into a filter bottle that contains a filtering material before being inhaled by the user. Chen teaches the second component comprises: a heating cup considered to read on the adapter portion and a hookah box considered to read on the atomizing pot. Chen teaches that the second air inlet is located at the bottom of the second component which is on the opposite side of the second component from the first component. Chen discloses the second air inlet is perpendicular to the direction of the first air inlet. The features of Chen as well as the air flow path are noted below in annotated figure 1.
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Annotated Figure 1.
Chen is silent with respect to the heating cup comprising a bracket surrounding the adapter portion or the air gap provided between the bracket and the adapter portion.
Zhang, directed to heat regulation of hookah devices, teaches a lid and a base that form a cavity for holding tobacco or a combustible substance. The base is formed from the combination of an outer wall and an inner wall. The outer and inner walls are separated by an annular gap. ([0015], [0037]) The base has an air inlet on the outer wall and an air inlet on the inner wall. ([0037], [0040]) The outer wall of Zhang is considered to read on the bracket and the inner wall reads on the adapter portion. (Annotated figure 2 below)
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Annotated Figure 2.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chen by using a bracket (outer wall) and adapter (inner wall) to form a cavity for the insertion of the combustible material as taught by Zhang because both Chen and Zhang are directed to the design of hookahs, Zhang teaches this configuration allows the introduction of air from the side of the heating portion increasing air inflow and helping air flow more easily into the interior of the device. [0048], and this involves the use of known technique of using an outer and inner structure with air inlets to improve similar devices in the same way.
Regarding claim 2, Chen teaches that the hookah smoking article comprises an airway (first inlet) that is in communication with the heating chamber of the smoking article. The heating element is located above the heating chamber (cavity) where the aerosol generating material is housed. ([0071]; annotated Fig 1 above)
Regarding claim 4, Chen teaches that the first inlet can be two or more holes spaced apart from each other. [0050] Chen further discloses that the air inlets are located on either side of the heating element when entering the heating chamber. (Fig , annotated figure 1 above)
Regarding claim 5, Chen teaches that the heating element of the device is located either above or below the heating cavity. [0074]
Regarding claims 10-11 and 13-17, as discussed in claim 1 and shown in annotated figure 1 above, Chen teaches that the second component is located directly upstream of the filter vessel and has an air passage directly from the second component to the vessel.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, et al (WO2018107497A1) and Zhang (US20210267274A1), as applied to claim 1, and further in view of Bishara (US20140255014A1).
Regarding claim 6, Chen discloses that the heating element is a planar heating element and that the heating element transfers heat to the aerosol generating material primarily through radiation. ([0018, annotated figure 1) Chen further teaches that the aerosol generating material is contained in a cup and that the bottom of the cup would separate the heating element from the material.
Chen and Zhang are silent with respect to the use of a protective cover between the heating element and the tobacco material being part of the heating component.
Bashara teaches a covered resistive heating element ([0015],[0061]) and that the heating element can be covered by a perforated sheet. [0061]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chen and Zhang by using a heating element that is covered as taught by Bashara because Chen, Zhang, and Bashara are directed to hookahs, Bashara teaches that that this is a means of regulating the heat, and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 7, a modified Chen teaches that the device can comprise an insulating material (heat insulator) [0038], a heating plate support [0048], considered to read on the insulation bracket, and the coated heating plate (sheet-like heating element) is arranged between the top of the device and the heating plate support.
As discussed in claim 6, Chen teaches that the primary means of heating is done via radiation but is silent to the spacing between the heating plate and the lid.
Bashara teaches that the heater can have a support element that holds the heating element a predetermined distance from the smoking chamber [0046] and discloses that the heating element is not flush with the lid (Fig 1, 2, 5, 6 and 9) which creates the first gap of the instant application.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chen and Zhang by using a heating element that is lowered from above the aerosol generating material to be in proximity to the material contained in the cartridge [0047] as taught by Bashara because Chen, Zhang, and Bashara are directed to hookahs, Bashara teaches the lowering of the heater allows the heating element to engage the bowl containing the material [0047], and this involves combining prior art elements according to known methods to yield predictable results.
Regarding claim 8, Chen discloses that the air inlets are located around the heating element. (see annotated figure 1)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRGINIA R BIEGER whose telephone number is (703)756-1014. The examiner can normally be reached M-Th: 7:30-4:30.
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/V.R.B./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755