DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 22-26, 33, 38, 39 and 44-46 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Tucker et al (US 2013/0192622).
With respect to claim 22, 33 and 38, Tucker shows the device claimed including a control body (72) having a control component (e.g., 16), an electrical power source (e.g., battery 1; para 0036), a coupler (shown by a connector 37) having a body end oriented toward the control component and the electrical power source and having a connector end (the end shown by its perimeter 39; also, see Figure 3A) wherein an opening (38/38’) is defined in an exterior surface of the coupler that provides an airflow pathway, a plurality of electrical contacts (shown with contacts made by terminals 47c and 47d) positioned in the coupler (37) between the body end and the connector end, and a cartridge (70 including an outer casing 6) having a reservoir (22) that holds an aerosol precursor composition/liquid, an atomizer (e.g., heater 14) to atomize/vaporize the aerosol precursor composition, and a base (shown by an end portion of the cartridge 70) is engaged with the coupler of the control body (see Figure 1; para 0036).
With respect to claims 23 and 39, Tucker further shows the atomizer comprising a heater (14) and a liquid transport element (wick 28).
With respect to claims 24-26, Tucker shows a plurality of electrical terminals (47d, 49c) whose ends are exposed on the base wherein the electrical terminals are in an electrical connection with the plurality of electrical contacts when the base is engaged with the coupler (also, see Figure 2).
With respect to claims 44-46, Tucker shows the airflow pathway (shown by the opening 38/38’) that is substantially perpendicular to the central axis of the coupler as the opening is provided on the side that is perpendicular to the central axis of the coupler.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 27-32, 34-37 and 40-43 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tucker et al (US 2013/0192622) in view of Irving et al (US2012/0125362).
With respect to claims 27, 34 and 40, Tucker shows the device claimed including the base of the cartridge and the coupler that are coupled as the coupler (37) in fitted into an outer casing of the cartridge (also, see para 0053 and 0054) but does not explicitly show that the cartridge does not rotate when engaged with the coupler or that the coupler or base is provided with anti-rotation mechanism in the form of a plurality of protrusions and a plurality of recesses.
Irvin shows it is known to provide two engaging elements (11, 21) that are provided with a locking or ant-rotation mechanism that includes a plurality of protrusions (122) that is engaged with a plurality of engaging areas (124) shown to be recessed enabling the protrusions to be securely attached together without rotation. Also, see Figure 15.
In view of Irvin, it would have been obvious to one of ordinary skill in the art to adapt Tucker with a locking or anti-rotation mechanism wherein the base of the cartridge is securely engaged with the coupler without being rotated as an alternative locking or coupling means as known in the art.
With respect to claims 27-32, 35-37 and 41-43, as Irvin show the anti-rotation mechanism including a plurality of protrusions (122) that is keyed or engaged in a limited orientation with a corresponding plurality of engaging areas/recessed areas, it would have been obvious to one of ordinary skill in the art to adapt Tucker with such anti-rotation mechanism which can be predictably provided on one or both of the base and the coupler, in any combination thereof, as claimed to enable the base to be predictably and securely engaged with the coupler.
Response to Arguments
Applicant's arguments filed 2/17/2026 have been fully considered but they are not persuasive.
Applicant argues Tucker discloses for a replaceable cartridge (first section) 70 and a reusable fixture (second section) 72 that are coupled together at a threaded connection 205 wherein the “coupler” in Tucker is threaded connection 205 and not the cathode connector piece 37, and Applicant argues the cathode connector piece 37 is a part of the first section 70 and not a part of the control body as claimed. Applicant further argues what element of Tucker equates to the claimed base.
It is noted that Tucker discloses that the connector piece 37 includes a threaded section for effecting the threaded connection 205 which indicates that the connector piece 37 is a part of the connection (also, see para 0041) wherein as the connector piece 37 is provided within the control body 72, the connector piece 37 can be a component of the control body that is engaged with a base of the cartridge 70 wherein the base is shown by the end portion of the cartridge that is engaged at the connection 205.
Thus, the Applicant’s arguments are not deemed persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761