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 the Applicants’ arguments/amendments filed 6-10-2026.
Claims 1 and 5 are currently amended.
Claim 15 is new.
Claims 2-4 are canceled.
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.
Claim 11 is 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 11 recites at lines 2-3 that “an inner side and an outer side of the heat-resistant fixed base are each provided with a heat-insulating component” (emphasis added) suggesting that a heat insulating component is provided on both the inner and outer side of the heat-resistant fixed base. However, the claim continues by further requiring “the heat-insulating component comprises a first heat-insulating body, a second heat-insulating body, and a heat-insulating supporting component” and further recites positional relationships for those subcomponents. It is therefore unclear whether the claim requires two separate heat-insulating components, one on each side of the heat-resistant fixed base, or a single heat insulating component somehow extending across both sides of the fixed base. Furthermore, if two separate heat insulating components are intended, it is unclear whether each heat insulating component comprises a first heat-insulating body, a second heat-insulating body, and a heat-insulating supporting component, and whether each of these subcomponents is a heat insulating component.
Additionally, claim 11 recites at lines 8-9 that “the second heat-insulating body is located on the outer side of the heat-resistant fixed base” while also reciting that “the heat-insulating supporting component is located on an outer side of the second heat-insulating body” but does not positively recite where the heat-resistant fixed base, the second heater, and the first heat-insulating body are located relative to the heat insulating component. As a result, the overall structural arrangement of the recited components is unclear.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bishara (US 20160249677 A1).
Regarding Claim 1, Bishara discloses a heating device for electronic hookah, comprising
a heating head (housing 542, see FIG 5 and [0058]) and
a heating pot (top portion of lower half of hookah which includes heating pot chamber cavity 514, see [0057] and FIG 5), wherein
the heating head is positioned on an upper part of the heating pot (See FIG 5, the heating head is positioned onto the upper part of the heating head);
the heating pot is defined with a cavity (the heating pot is the portion of device which includes cavity 514, see FIG 5) for holding tobacco products [0058];
the heating head is defined with a first air inlet channel (upper holes 546 [0058] which are on the upper portion of the heating head) that communicates with the cavity (514), and
the heating head is configured to heat air entering the first air inlet channel to form hot air (heating head includes a plurality of holes on a top surface (first air inlet channel 546, see FIG 5 and [0058]) that are critical for managing proper air flow within the housing and teaches that air flow is directed from the top of the housing downwards to the heating element, and that air is heated (preheated) as it is first drawn into the heated housing (communicates with the cavity) and then the heated air is pulled past the heating element compounding the heat carried by the air and providing a higher temperature to ignite the tobacco in the cavity (514) during the active/use state, [0058]); and
air is drawn into the housing through the first air inlet channel 546 and preheated in the upper portions of the top compartment to direct the preheated air down towards the cavity 514 to heat the tobacco products and heating without allowing the heated air to escape the housing ([0058], see also FIG 5).
the heating head comprises a main shell (outside shell of the housing 542, see FIG 5) and a heating body (space inside housing 542 where heating is occurring is the heating body);
the main shell is positioned on the upper part of the heating pot (see FIG 5 which illustrates how the main shell includes portions positioned on the upper part of the heating pot); the main shell is penetrated by the first air inlet channel (546, see FIG 5), and the first air inlet channel is defined with an intake end (top portion of volume 544, see [0055] and FIG 5) and an exhaust end (bottom portion of 540 which exhausts air into the cavity 514, see [0057]);
the heating body is fixed to the main shell (See FIG 5, the heating body is the internal portion of the heating head and includes the heating element 540 and its compartment as shown in FIG 5 and is part of the heating head, a person of ordinary skill would appreciate the heating head is attached to the main shell (external portion of 542) and (the heating body) is located at the intake end of the first air inlet channel (top portion of air that is preheated is the intake end of the first air inlet channel at the top of the heating body) to heat the air entering the intake end to the form hot air (e.g., air enters the air inlet and is preheated as set forth above; the exhaust end of the first air inlet channel is communicated with the cavity and directs the hot air into the cavity (the exhaust end of the air inlet channel is on the bottom of the heating body and is further heated as it passes into the cavity, [0058].
the heating body can comprise
an air inlet cover (655, see annotated FIG 6 below and [0061]),
a heating shell (e.g., outer upper portion of heating body 643 in FIG 6, [0061]), and
a heating base (bottom of heating chamber (see annotated FIG 6);
an upper part of the heating shell is defined with an air inlet chamber (the inside portion of the upper part of the heating shell includes the air inlet chamber where the air enters the chamber (see annotated FIG 6), and
a lower part of the heating shell is defined with a heating chamber (see FIG 5, lower part of heating body includes the heating chamber which includes the heating element 540);
a vent hole is formed between the air inlet chamber and the heating chamber (where the air transitions from the upper air inlet chamber to the lower heating chamber that includes the heater see annotated FIG 6 which better illustrates the change in radial distance from the air inlet chamber to the heating chamber, which is consistent with the vent hole in the instant specification);
the air inlet cover (655) is located on an upper part of the air inlet chamber (see FIG 6), and
the air inlet cover (655) is defined with an air inlet hole (649, see FIG 6 and [0061]), wherein
the air inlet hole is communicated with the air inlet chamber [0061];
the heating base is located at a bottom of the heating chamber (see FIG 5, heating base is at the bottom of the heating chamber and includes the heating element 540), and
the heating base is defined with an air outlet hole (e.g., where the air leaves the heating chamber to enter the cavity (See FIG 5)), wherein
the air outlet hole is communicated with the intake end of the first air inlet channel (fluidly connected);
the air inlet hole, the vent hole and the air outlet hole are arranged in a staggered manner (e.g., the distance from the midpoint are staggered from each to the next, see FIG 6).
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the heating base is defined with an accommodating chamber (the accommodating chamber is the space above the heating base that accommodates the heating element 540, see also FIG 5), the accommodating chamber is configured to accommodate a first heater (the first heater is the space inside the heating chamber)
a heat expansion component (space around the heating element in the heating chamber) is located in the accommodating chamber (see FIG 5).
The heat expansion component is located inside the heating chamber (the heat expansion component is the space around the heating element in the heating chamber).
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 5-9, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bishara (US 20160249677 A1), as applied to claim 1 above and further in view of He (US20240023601A).
Regarding Claim 5, Bishara teaches the claim limitations as set forth above. Additionally, although Bishara does not explicitly disclose that the main shell comprises a heat-resistant outer shell, Bishara teaches the importance of selecting heat inert/resistant materials in areas of the device that are heated when selecting for materials to construct the device to prevent the dissemination of heat and toxins during heating of materials exposed to heating [0009], and additionally gives examples of structural components of the housing and heated portions thereof to be constructed of high grade ceramic (e.g., housing 442) to avoid damage caused by heat [0053], therefore it would be obvious to a person of ordinary skill in the art to modify the main shell of Bishara, which is used to heat materials, to comprise a heat-resistant outer shell so that the materials are inert to heating and don’t disseminate heat and toxins during heating [0009].
a top cover (top wall 643),
Bishara teaches the main shell as set forth above, however Bishara fails to teach (a) the main shell comprises a heat-insulating sheet, and a heat-insulating ring; wherein (b) the heat-resistant outer shell is mounted on an outside of the main shell, forming an heat-insulating cavity between the heat-resistant outer shell and the outside of the main shell;
Bishara teaches the top cover but fails to explicitly disclose that it is located at a top of the heat-resistant outer shell, Bishara teaches the top cover has a breathable hole (see FIG 5 and 6) but fails to disclose (c) a heat-resistant outer shell and by extension that the heat-resistant outer shell is defined with a breathable hole;
Bishara teaches the top cover and the air inlet cover but fails to teach (d) the heat-insulating sheet is placed between the top cover and the air inlet cover; wherein
Bishara teaches the top cover (655) is defined with avoidance holes that can be configured to avoid the air inlet holes (it can be radially adjusted or rotated to avoid the air inlet holes, see FIG 6-7) however Bishara additionally teaches the top cover can be defined with an avoidance hole [0058] or venting hole in the upper portion which is critical to managing proper air flow in the hookah head. Therefore, it would be obvious to modify the top cover to include avoidance holes that avoid the air inlet hole in order to have proper air flow in the hookah head, it would be obvious to a person of ordinary skill in the art to define the heat insulating sheet included with this modification with corresponding holes.
Bishara teaches the heating shell and the main shell as set forth above, however Bishara fails to explicitly disclose (e) the heat insulating ring and therefore is silent to the heat-insulating ring is positioned between the heating shell and the main shell.
However, He teaches a similar hookah smoking device and teaches
Regarding (a) He teaches a heat-insulating sheet (ceramic plate 21), and
a heat-insulating ring (outside edge ring of support legs 211 that extend from the insulating plate 21, an ordinary artisan would appreciate smaller heat conduction from support legs 211 which form a heat insulating ring); wherein
Regarding (b) He teaches the heat-resistant outer shell is an outside of the main shell, forming an heat-insulating cavity between the heat-resistant outer shell and the outside of the main shell (He teaches portions of the heating head are heat insulating such as the base plate 21, and teaches this is done to thermally isolate portions of the heating head from the heater and avoid damaging temperatures [0077] e.g., outside surface of the main shell is thermally insulated and theres an air gap between the main shell and the base plate 21 that forms a heat insulating cavity therebetween),
Therefore it would be obvious to a person of ordinary skill in the art to modify the main shell of Bishara to comprise a heat insulating sheet and a heat insulating ring as taught by He to thermally isolate portions of the heating head and avoid damaging temperatures [0077], wherein the heat resistant out shell is mounted on an outside of the main shell forming a heat insulating cavity between the heat resistant outer shell and the outside of the main shell to thermally isolate portions of the heating head of Bishara from the heater and to avoid damaging temperatures, and that with this modification the top cover is located at a top of the heat-resistant outer shell wherein
Regarding (c) It would be obvious to a person of ordinary skill in the art to modify the heat-resistant outer shell of He with breathable holes that correspond to the top cover of Bishara, because He teaches that air holes should be used to allow parts of the heater to communicate with the external environment. [0019];
Regarding (d) with this modification the heat-insulating sheet of He is placed between the top cover and the air inlet cover of Bishara to thermally insulate portions of the heating head from heating and to avoid damaging temperatures; wherein
the heat-insulating ring is positioned between the heating shell (23,24) and the main shell (see FIG 8).
It would be obvious for a person of ordinary skill in the art to modify the hookah of Bishara with the insulative teachings of He to thermally isolate portions of the heating head from the heater and avoid damaging temperatures (He, [0077]).
Regarding (e) He teaches the heat-insulating ring (211) is positioned between the heating shell and the main shell (e.g., it would be obvious to line up the heat insulating ring 211 such that its positioned in line with the main shell which includes the insulative coating heating shell as set forth above, see FIG 8, the insulating ring 211 is positioned with the main shell such that portions of 211 are positioned between the inside and outside surfaces of the main shell.
Regarding Claim 6, modified Bishara teaches the claim limitations as set forth above. Bishara teaches a fixed base, see FIG 5 and [0057]. Bishara teaches the importance of selecting heat inert/resistant materials in areas of the device that are heated when selecting for materials to construct the device to prevent the dissemination of toxins during heating of materials exposed to heating [0009] and additionally gives examples of structural components of the housing and heated portions thereof to be constructed of high grade ceramic [0053], Thus although Bishara fails to explicitly disclose that the base is a heat-resistant base, it would be obvious to a person of ordinary skill in the art to modify the base to be constructed of high grade ceramic according to these teachings of Bishara to avoid the damaging effects of heating the base during smoking [0009].
Bishara teaches a heat transfer pot (the inside surface of the bowl of the heating pot 514, see FIG 5), a second heater (heater 540 that is inside the fixed base when assembled), and a pot body (e.g., the body of the heating pot); wherein
the heat-resistant fixed base comprises a smoke exhausting section (portion of bottom of the pot body above the smoke vent hole) that communicates with the smoke outlet channel (18, see FIG 1);
the heat transfer pot is fixed to the heat-resistant fixed base (the heat transfer pot is the inside surface of the heat-resistant fixed base, see FIG 5), and
the heat transfer pot is defined with a smoke vent hole (vent hole that connects the pot to the smoke outlet channel, see 18 in FIG 1), wherein
the smoke vent hole is communicated with the smoke exhausting section (they are fluidly connected, see above);
the second heater is located on an outer side of the heat transfer pot (above side, interpreted to be the outer side);
the pot body is defined with a cavity (the space inside the pot body), and the pot body is positioned inside the heat transfer pot (e.g., the heat transfer pot is part of the pot body, therefore the pot body is positioned inside of the heat transfer pot);
Bishara fails to explicitly disclose the pot body comprises a boss and the boss is defined with a smoke outlet hole that communicates with the smoke vent hole.
However, He teaches a similar hookah device with the pot body that comprises a boss (boss is interpreted to be a raised feature, see raised feature at the bottom of the pot body in FIG 8 below), and the boss is defined with a smoke outlet hole that communicates with the smoke vent hole (see annotated FIG 8 below). He also teaches the shape of the hookah bowl that includes this boss is beneficial because it allows air in the heating chamber to be heated which helps to produce heat for producing smoking and maintains a sufficient and stable temperature in the bowl and allows warm air to enter the bowl and the combustion of tobacco is stable. [0053]. Therefore it would be obvious to modify the hookah bowl of Bishara to include the boss shape of the hookah bowl of He in order to produce heat for producing smoke and maintaining a stable temperature for the combustion of tobacco.
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Regarding Claim 7, modified Bishara teaches the claim limtations as set forth above.
Additionally, although Bishara does not explicitly describe the edges of the pot as a pot lifting gap, Bishara teaches a pot that has an edge that an ordinary artisan would appreciate forms a pot lifting gap that is formed between an upper edge of the pot body and the heat-resistant fixed base, an ordiary artisan would appreciate that the pot lifting gap is configured for easy lifting of the pot body.
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Regarding Claim 8, Bishara teaches the claim limitations as set forth above. Additionally, Bishara discloses a teaches a sealing ring (e.g., ring shaped surface geometry created between the heating head resting on the heating pot, and the heat-resistant fixed base as the heating head is resting on the heat-resistant fixed base, see FIG 8) this interface is positioned inside the heating head, and the sealing ring interface makes contact with the heat-resistant fixed base, which is consistent with the instant specification and FIG 4.
Regarding Claim 9, Bishara teaches the claim limitations as set forth above. Additionally, Bishara teaches the smoke exhausting section of the heat-resistant fixed base comprises a smoke exhausting pipe (see FIG 1 where smoke exhausting section of heat-resistant fixed base comprises a connection to the smoke exhausting pipe (18), wherein
an interior of the smoke exhausting pipe forms a smoke outlet channel (it outlets smoke to the hookah bottle, see FIG 1);
a lower part of the smoke exhausting pipe is provided with a connector for connecting to the hookah bottle (see FIG 1).
Regarding Claim 15, modified Bishara teaches the claim limitations as set forth above.
Additionally, Bishara teaches the top cover (642) is located at a top of the heat-resistant outer shell (housing 544/542 of the heater head 538). E.g., Bishara teaches heater head 538 including housing 542 enclosing heating element 540, wherein the housing 542 and further teaches a housing cap 642 having a top wall 643 ([0055]-[0056], [0061])
The top cover and the heat resistant outer shell are each defined with a breathable hole (upper venting holes openings 647 in the top wall 643 and side wall holes 548 in housing 542 for managing airflow through the heater head and further teaches openings 647 in top wall 643 and corresponding openings 649 in perforated closure 645 for allowing air to pass through the heater and over the heating element [0058]-[0061]
However, Bishara fails to explicitly disclose the exact arrangement that the heat-insulating sheet is placed between the top cover and the air inlet cover; the heat-insulating sheet and the top cover are each defined with an avoidance hole to avoid the air inlet hole; and the heat-insulating ring is positioned between the heating shell and the main shell.
However, He teaches a similar hookah smoking device and a similar hookah heating head having heat insulating structures arranged to thermally insulate the heating head while preserving airflow through the corresponding openings in the heating head including a
heat insulating sheet plate (21) placed between a top cover shell (22) and an air inlet cover (50), e.g., He teaches the heat insulating plate/sheet is positioned between the shell 22 and the air inlet cover heat cover 50 [0093]-[0095]
the heat-insulating sheet (21) and the top cover shell (22) are each defined with an avoidance hole to avoid the air inlet hole (e.g., He teaches the heat insulating plate 21 is arranged with the outer protruding portion 212 relative to the cover 50 having an avoidance hole 511 to avoid the air inlet hole as explained above [0093], that results in the heat insulating sheet plate not blocking the airflow through the air inlet path; and
the heat-insulating ring (ring shaped fixing frame 230, [0082]) is positioned between the heating shell (heating body 30 that includes excitation coil 31 in shell 20) and the main shell (main shell 20 including top shell 22 and bottom shell 23 [0077]-[0080].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bishara (US 20160249677 A1) and He (US20240023601A), as applied to claim 6 above, and further in view of Liu (US 9877517).
Regarding Claim 10, modified Bishara teaches the claim limitations as set forth above. However Bishara fails to explicitly disclose the smoke exhausting section is defined with an oil storage chamber near the smoke vent hole; the oil storage chamber comprises an inner shell and an oil baffle tube, with the inner shell abutting the inner wall of the oil storage chamber, and the oil baffle tube is movably connected to the inner shell; an upper part of the oil baffle tube is defined with a smoke passage groove, wherein the smoke passage groove is communicated with the smoke exhausting section, and a top of the oil baffle tube is provided with a smoke-blocking cover.
However, Liu teaches a hookah with a smoke exhausting section that is defined with an oil/liquid storage chamber that can be vaporized in the hookah (see claim 13), it would be obvious to modify He to include oil storage near the smoke vent hole that can be vaporized in combination with or alternative to the aerosolizable material, the oil storage chamber comprises an inner shell (liquid storage cartridge, claim 14) and an oil baffle tube (atomizing tube, claim 14), with the inner shell abutting the inner wall of the oil storage chamber (the edge of the atomizing tube is connected to the end wall of the liquid storage chamber) , and the oil baffle tube (atomizing tube) is movably connected to the inner shell (wall of the liquid storage cartridge); an upper part of the oil baffle tube is defined with a smoke passage groove wherein the smoke passage groove is communicated with the smoke exhausting section (see column 11, lines 27-30, smoke generated, is exhausted to the smoke exhausting section), and a top of the oil baffle tube is provided with a smoke-blocking cover (e.g., the smoke blocking cover is the water that is used to filter the smoke).
Liu teaches that this arrangement with an electronic Hookah can reduced inhaled impurities and improve smoking taste and users’ health can be protected effectively. Therefore, it would be obvious to a person of ordinary skill in the art to modify the smoke exhausting section of He with the aerosolizable liquid teachings of Liu in order to reduce inhaled impurities, improve smoking taste, and protect the health of users.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bishara (US 20160249677 A1) and He (US20240023601A), as set forth above in claim 6, and further in view of Zhang (US 20210267274 A1).
Regarding Claim 12, modified Bishara teaches the claim limitations as set forth above. However, He fails to teach the smoke exhausting section is defined with a second air inlet channel wherein the second air inlet channel is communicated with external environment.
However, Zhang teaches the smoke exhausting section is defined with a second air inlet channel (see FIG 2, ref#5 and [0035]) wherein
the second air inlet channel is communicated with external environment (see FIG 2, when the shield 6 slides open to expose 5 to the external environment, the second air inlet channel 5 is exposed to the external environment [0035]-[0042].)
Zhang also teaches that it is known in the art that the top or lid of hookahs can be left partially ajar to regular airflow into the hookah but that this is known to have a risk because of the unstable nature between having components of the hookah loosely resting together and can lead to accidents with heated tobacco falling out of the device if the hookah bumped or tipped which can lead to scald or other accidents [0006].
Additionally, Zhang also teaches the importance of regulating airflow in hookah devices while also ensuring the lid and base of hookahs are stably connected so the lid wont easily fall from the base improving safety and stability of the hookah device [0033]-[0035] and allows the adjustment of the airflow channel by slidably adjusting the shields position to adjust the size of the annular gap [0038], maintaining safety [0033] and adjusting airflow, combustion speed, and temperature of the tobacco [0042].
Therefore, it would be obvious to a person of ordinary skill in the art to modify the hookah device of He with the second airflow channel arrangement of Zhang so that the airflow to the external environment can be adjusted and allow the adjustment of the airflow channel by slidably adjusting the shield maintaining safety [0033] and adjusting airflow, combustion speed, and temperature of the tobacco [0042] by making adjustments as taught, with a reasonable expectation of success.
Regarding Claim 13, He teaches the claim limitations as set forth above. Additionally, Zhang teaches the second air inlet channel comprises a channel entrance (e.g., opening of ref# 5, see FIG 2 and [0035]), wherein
the channel entrance of the second air inlet channel is defined with a sliding groove (annular groove 3, see [0034] and FIG 1); and
a control block (shield part 6, see [0035] and FIG 2) is slidably arranged inside the sliding groove to control the opening and closing of the second air inlet channel [0034].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Bishara (US 20160249677 A1) and He (US20240023601A), and Zhang (US 20210267274 A1) as set forth above in claim 13, further in view of Enghard (WO 2024184818 A1), English machine translation relied upon.
Regarding Claim 14, He teaches the claim limitations as set forth above. Additionally, Zhang teaches the second air inlet channel is defined with a channel exit (e.g., inside surface of the opening 5), wherein
the channel exit of the second air inlet channel is equipped with a sealing component to control the opening and closing of the second air inlet channel (e.g., combination of lid handle 7 and base handle 8 together with the shield 6) control the opening and closing of the shield that slides to open and close the channel exit and entrance [0035], Zhang also teaches the shielding part is curved and is fit to match the annular gap [0037]).
However, Zhang is silent to suitable properties for a sealing component, and therefore fails to teach the sealing component is elastic.
Enghard teaches similar hookah devices and teaches sealing components for connectors suitable for sealing and preventing drafts and ensuring attachment is firmer is best accomplished with silicone. Therefore, it would be obvious to a person of ordinary skill in the art to modify the connectors including the second air inlet channel entrance/exit with silicone (sealing component) to prevent drafts and ensure the attachment is firmer as taught by Enghard.
Allowable Subject Matter
Claim 11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 11, modified Bishara teaches the claim limitations as set forth above. Additionally, Bishara teaches an inner side and an outer side of the heat-resistant fixed base are each provided with a heat-insulating component (Bishara teaches heat resistant materials are suitable for Hookah construction and teaches ceramics are preferred for structural components [0053], therefore it would be obvious to modify the base with ceramic which an ordinary artisan would appreciate is a heat resistant and insulating component, and therefore the inner and outer side of the heat resistant fixed base are each provided with a heat insulating component (ceramic));
However, Bishara fails to explicitly disclose the heat-insulating component comprises a first heat-insulating body, a second heat-insulating body, and a heat-insulating supporting component; wherein the first heat-insulating body is positioned between the heat-resistant fixed base and the second heater; the second heat-insulating body is located on the outer side of the heat-resistant fixed base, and the heat-insulating supporting component is located on an outer side of the second heat-insulating body
However, He teaches the heat-insulating component comprises a first heat-insulating body (the inside edge of the base (see annotated FIG 8 part 2, labeled first heat insulating body),
However the He fails to teach or suggest a second heat-insulating body and
a heat-insulating supporting component wherein the first heat-insulating body is positioned between the heat-resistant fixed base and the second heater the second heat-insulating body is located on the outer side of the heat-resistant fixed base and the heat-insulating supporting component is located on an outer side of the second heat-insulating body.
However, Liu (US9877517B2) teaches an aerosol generating device with a heat insulating component and teaches the heat insulating component can comprise a first heat insulating body 141 and a second heat insulating body 142 (see column 3 lines 33-46) the first heat-insulating body is positioned between the heat-resistant fixed base and the second heater (141 is between 142 and the heating element)
the second heat-insulating body 142 is located on the outer side of the heat-resistant fixed base.
However, the prior art fails to teach or suggest a heat-insulating supporting component wherein the heat-insulating supporting component is located on an outer side of the second heat-insulating body
.
Response to Arguments
Applicants’ arguments and claim amendments with respect to the rejection of claim 5 under 35 USC 112b has been fully considered and is found persuasive. Therefore the 35 USC 112b rejection of claim 5 has been withdrawn.
Applicant’s arguments, see claim amendments and Applicant Arguments/Remarks filed 6-10-2026, with respect to the rejection(s) of claim(s) 1-14 under 35 USC 102/103 have been fully considered but are not found persuasive.
(1) Applicant Argues on page 7:
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This is not found persuasive because the claim merely requires “a vent hole is formed between the air inlet chamber and the heating chamber” and as set forth above, Bishara teaches a hole that vents or fluidly connects the air inlet chamber and the heating chamber as required by the claim. Applicant argues this structure is not a hole formed between two distinct chambers, however as mapped above, Examiner disagrees because the vent hole is formed between the air inlet chamber and the heating chamber.
(2) Applicant additionally argues on page 7:
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This is not found persuasive because the claim merely requires the air inlet hole, the air vent hole, and the air outlet hole are arranged in a staggered manner which is broadly met by Bishara. (see Rejection set forth in the previous action and above)
(3) Applicant additionally argues on page 9
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “a solid physical structure… acting as a heat sing used to distribute heat uniformly”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant further argues on the last paragraph of page 10 that this solid heat expansion component provides a large area of heat exchange to rapidly heat air, however this solid physical heat sink structure that is argued is not claimed and accordingly the argument is not found persuasive.
(4) Applicant argues on page 11
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This is not found persuasive because Applicant assumes the rejection requires encasing Bisharas heater head so that side holes 548 are blocked or rendered ineffective. Additionally, Applicants argument is not found persuasive because it is based on improper bodily incorporation of He into Bishara. The rejection does not require encasing Bisharas heater heat into a sealed insulating cavity or blocking the side wall holes 548. He is used to teach known heat insulating components arranged in a heating head while preserving airflow. E.g., it would have been obvious to a person of ordinary skill in the art to maintain the holes for managing air flow and allowing cooling as taught by Bishara while maintaining an insulating structure taught by He. Bishara does not require the housing to be thermally uninsulated.
(5) Applicant argues on page 12
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Applicant argues that Liu’s liquid storage cartridge supplies cigarette liquid to an atomizer whereas the claimed oil storage chamber is allegedly a processing chamber in an exhaust path for collecting condensate or droplets from exhaust smoke. This argument is not commensurate with the scope of the claim. Claim 10 does not require the oil storage chamber to be a “processing chamber”, does not require gas liquid separation, and does not require that the chamber collect condensate or droplets from exhaust smoke. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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/M.T.F./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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