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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 6, 8, 9, 13, 16 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fu et al. [US 2019/0373679].
Regarding claim 1, Fu discloses a method for manufacturing an aerosol generation device, the method comprising: forming an intermediate sub-assembly (fig. 4a; 111) by fixing a heater sub-assembly (fig. 1a; 150) against a power-and-control sub-assembly (fig. 4b; 400, 124, 120a-b), the heater sub-assembly (150) comprising a heater (fig. 14; 166) and a heating chamber (fig. 15a; 1005), wherein the heater (166) is arranged in the heater sub-assembly (150) to supply heat to or in the heating chamber (1005), and the power-and-control sub-assembly (400, 124) comprising an electrical power source (124) and control circuitry (400) configured to control a supply of electrical power from the electrical power source (124) to the heater (166); and attaching a housing sub-assembly (fig. 4a; 112) to the intermediate sub-assembly (111), the housing sub-assembly (112) comprising a housing (body of 112) for at least a part of the intermediate sub-assembly (111).
Regarding claim 5, Fu discloses forming the power-and-control sub-assembly (400, 124, 120a-b) using only snap-fit or press-fit mechanical connections (fig. 11l; 120a-b is latched together with 1122a-b).
Regarding claim 6, Fu discloses wherein the heater sub-assembly (150) and the power-and-control sub-assembly (400, 124, 120a-b) each comprise second guide members (fig. 1a; 156 and 114), and fixing the heater sub-assembly (150) against the power-and-control sub-assembly (400, 124, 120a-b) comprises aligning the second guide members (156 is aligned with 114).
Regarding claim 8, Fu discloses wherein attaching the housing sub-assembly (112) to the intermediate sub-assembly (111) consists only of using an attachment means (fig. 39d; 3910a-b) to attach a point (area of 112 that engages 3910a-b) on the housing (body of 112) to a point (3910a-b area) on the intermediate sub-assembly (111).
Regarding claim 9, Fu discloses wherein the attachment means (3910a-b) is a fastening means (3910a-b is configured to be fastened to 112).
Regarding claim 13, Fu discloses a sub-assembly for manufacturing an aerosol generation device, the sub-assembly comprising a heater sub-assembly (fig. 1a; 150) fixed against a power-and-control sub-assembly (fig. 4b; 400, 124, 120a-b), wherein the power-and-control sub-assembly (400, 124, 120a-b) comprising an electrical power source (124) and control circuitry (400) configured to control a supply of electrical power from the electrical power source (124) to a heater (166), the heater sub-assembly (150) comprises the heater (fig. 14; 166) and a heating chamber (fig. 15a; 1005), and the heater (166) is arranged in the heater sub-assembly (150) to supply heat to or in the heating chamber (1005).
Regarding claim 16, Fu discloses wherein the control circuitry (400) comprises a PCB (fig. 4b; 126) having exposed electrical contacts (fig. 4b; 122a-b) for testing and/or for connection to the heater sub-assembly (150).
Regarding claim 18, Fu discloses an intermediate sub-assembly (111), and further comprising: a housing sub-assembly (112) comprising a housing (body of 111) for at least a part of the intermediate sub-assembly (111), wherein the housing sub-assembly (112) is attached to the intermediate sub-assembly (111).
Claim(s) 1, 7, 13, 17 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harrison et al. [US 2017/0215478].
Regarding claim 1, Harrison discloses a method for manufacturing an aerosol generation device, the method comprising: forming an intermediate sub-assembly (fig. 5; 26 and fig. 8; electronics chassis) by fixing a heater sub-assembly (fig. 5; 30, 26, 36) against a power-and-control sub-assembly (fig. 5; 50), the heater sub-assembly (30, 26, 36) comprising a heater (fig. 5; 30) and a heating chamber (fig. 5; 24), wherein the heater (30) is arranged in the heater sub-assembly (30, 26, 36; once assembled) to supply heat to or in the heating chamber (24), and the power-and-control sub-assembly (50) comprising an electrical power source (fig. 5; 56) and control circuitry (fig. 5; 52) configured to control a supply of electrical power from the electrical power source (56) to the heater (30); and attaching a housing sub-assembly (fig. 5; 13a-b) to the intermediate sub-assembly (26, electronics chassis), the housing sub-assembly (13a-b) comprising a housing (body of 13a-b) for at least a part of the intermediate sub-assembly (electronics chassis).
Regarding claim 7, Harrison discloses wherein fixing the heater sub-assembly (30, 26, 36) against the power-and-control sub-assembly (50) comprises attaching a mounting cap (fig. 5; 22) to the heater sub-assembly (30, 26, 36), and wherein the heater sub-assembly (30, 26, 36), the power-and-control sub-assembly (50) and the mounting cap (22) are adapted to interlock with each other such that, when the mounting cap (22) is attached to the heater sub-assembly (30, 26, 36), the heater sub-assembly (30, 26, 36) is fixed against the power-and-control sub-assembly (50).
Regarding claim 13, Harrison discloses a sub-assembly for manufacturing an aerosol generation device, the sub-assembly comprising a heater sub-assembly (30, 26, 36) fixed against a power-and-control sub-assembly (50), wherein the power-and-control sub-assembly (50) comprising an electrical power source (56) and control circuitry (52) configured to control a supply of electrical power from the electrical power source (56) to a heater (30), the heater sub-assembly (30, 26, 36) comprises the heater (30) and a heating chamber (24), and the heater (30) is arranged in the heater sub-assembly (30, 26, 36) to supply heat to or in the heating chamber (24).
Regarding claim 17, Harrison discloses a mounting cap (fig. 5; 22) attached to the heater sub-assembly (30, 26, 36), wherein the heater sub-assembly (30, 26, 36), the power-and-control sub-assembly (50) and the mounting cap (22) are adapted to interlock with each other such that the heater sub-assembly (30, 26, 36) is fixed against the power-and-control sub-assembly (50).
Regarding claim 18, Fu discloses an intermediate sub-assembly (26, electronics chassis), and further comprising: a housing sub-assembly (13a-b) comprising a housing (body of 13a-b) for at least a part of the intermediate sub-assembly (26, electronics chassis), wherein the housing sub-assembly (13a-b) is attached to the intermediate sub-assembly (26, electronics chassis).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. [US 2019/0373679] in view of CN 109480337.
Regarding claim 2, Fu discloses forming the power-and-control sub-assembly (400, 124, 120a-b) by: the first PCB (fig. 4b; 126) having a component (fig. 5c; 128) of the control circuitry (400) mounted thereon; and attaching the heater sub-assembly support frame (fig. 14; 156) to the electrical power source support frame (fig. 4b; 120a-b).
Regarding claim 4, Fu discloses wherein two of the electrical power source support frame (120b) and the first PCB (126) each comprise first guide members (fig. 11c; 1104a-b and corresponding slots on 126), and aligning the electrical power source support frame (120a-b) with the first PCB (126) therebetween comprises aligning the first guide members (1104a-b and corresponding slots on 126).
Regarding claim 14, Fu discloses wherein the power-and-control sub-assembly (400, 124, 120a-b) comprises the first PCB (126) having a component (128) of the control circuitry mounted thereon.
Regarding claims 2, 4, 14, Fu does not disclose aligning a heater sub-assembly support frame and an electrical power source support frame with a first PCB therebetween [claims 2 and 4]; the heater sub-assembly support frame attached to an electrical power source support frame with a first PCB therebetween [claim 14].
Regarding claims 2, 4, 14, CN ‘337 teaches aligning a heater sub-assembly support frame (fig. 2; 81) and an electrical power source support frame (fig. 2; 82/83) with a first PCB (fig. 2; 3) therebetween; the heater sub-assembly support frame (81) attached to an electrical power source support frame (82/83) with a first PCB (3) therebetween.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate aligning a heater sub-assembly support frame and an electrical power source support frame with a first PCB therebetween as suggested by CN ‘337 since it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 86 USPQ 70, and also for the benefit of providing an improved aerosol device to optimize an user’s experience.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. [US 2019/0373679] in view of Phillips et al. [US 2017/0181471].
Fu discloses the fastening means is a rib (3910a-b).
Fu does not disclose the fastening means being a screw.
However, Phillips teaches the fastening means (fig. 2; 120) is a screw (120).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the fastening means being a screw because it would have been an obvious matter of design choice to incorporate a screw as a fastening method since applicant has not disclosed that using a screw is critical to the functionality of the invention, and it appears that the invention would perform equally well with ribs; it would have also been obvious for the benefit of having improved structural integrity when assembling aerosol parts together.
Claim(s) 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. [US 2017/0215478] in view of Thorsen et al. [US 12,268,240].
Regarding claims 11 and 19, Harrison discloses all of the claim limitations except attaching an access sub-assembly to the intermediate sub-assembly, the access sub-assembly comprising means for opening and closing access to the heating chamber [claim 11]; an access sub-assembly comprising means for opening and closing access to the heating chamber, wherein the access sub-assembly is attached to the intermediate sub-assembly [claim 19].
Regarding claims 11 and 19, Thorsen teaches attaching an access sub-assembly (fig. 4; 32) to the intermediate sub-assembly (fig. 4; 32c), the access sub-assembly (32) comprising means (fig. 4; 31) for opening and closing access to the heating chamber (fig. 4; 23); an access sub-assembly (32) comprising means (31) for opening and closing access to the heating chamber (23), wherein the access sub-assembly (32) is attached to the intermediate sub-assembly (32c).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate attaching an access sub-assembly to the intermediate sub-assembly, the access sub-assembly comprising means for opening and closing access to the heating chamber as suggested by Thorsen for the benefit of providing addition securing methods in order to optimize functionality of the device by keep the internals clean.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. [US 2017/0215478] and Thorsen et al. [US 12,268,240] as applied to claim 11 above, and further in view of CN 109480337.
Harrison and Thorsen disclose (Thorsen) wherein the access sub-assembly (32) and the intermediate sub-assembly (32c) are adapted to form one or more adhesive connections (Col 5 Ln 27-29) with each other.
Harrison and Thorsen does not disclose one or more snap-fit or press-fit connections.
However, CN ‘337 a press-fit connection (fig. 3; connection between 47 and 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate one or more snap-fit or press-fit connections as suggested by CN ‘337 for the benefit of improving the sealing of an opening of a device.
Allowable Subject Matter
Claims 3, 15 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
Attorney stated, “Fu does not teach this aspect of claim 1. In terms of the elements of Fu cited in the rejection, Fu does not teach attaching a housing sub-assembly (outer shell 112) to an intermediate sub-assembly (inner assembly 111) that is already comprised of a heater sub-assembly (cartridge 150) fixed against a power-and-control sub-assembly (integrated board assembly 400, battery 124, and outer structural supports 120a, 120b). Stated another way, cartridge 150 is not and cannot be attached to the internal components of the device in Fu before the outer shell 112 is attached to those internal components. This is at least because both the outer shell 112 and the inner assembly 111 work together to receive cartridge 150 after outer shell 112 and inner assembly 111 are assembled. More specifically, outer shell 112 provides a receptacle 114 and inner assembly 111 provides the power connection, both for cartridge 150.” Attorney made the same argument for Harrison.
Attorney continued, “a person having ordinary skill in the art would not interpret Fu to meet the language of claim 13. As explained above, there is no teaching or suggestion in Fu to attach or even connect cartridge 150 to outer shell 112 before outer shell 112 and inner assembly 111 are assembled. The rejection of claim 13 requires an interpretation of Fu in which its cartridge 150 is fixed against its integrated board assembly 400, battery 124, and outer structural supports 120a, 120b to form a sub-assembly. Again, it would be nonsensical to consider these elements a sub-assembly because they cannot be connected without at least outer shell 112 being in place.” Attorney made the same argument for Harrison.
Attorney also claimed, “in particular, CN109480337 does not describe "aligning a heater sub-assembly support frame and an electrical power source support frame with a first PCB therebetween. More generally, it is apparent from FIG. 2 of CN109480337 that three brackets (81, 82, 83) are necessary to provide a proper attachment of the three main components (backing unit, battery and board). However, neither the specification nor the text is clear and unambiguous as to how the brackets extend relative to the different components, how they hold them, and how the brackets 81-83 are fixed to one another. It is not even clear how the control board 3 is positioned relative to the different brackets in CN109480337. Limited inference can be drawn from FIG. 2, which shows the control board 3 aligned with the front of the overall device to provide the power button 9 and the mode button 10.”
Examiner respectfully disagrees. First, claim 1 does not recite any chronological language that requires fixing the heater sub-assembly against the power and control sub-assembly to make the intermediate sub-assembly first, then after that step, connect the housing sub-assembly to the intermediate assembly. The recited “forming,” “fixing” and “attaching” does not constitute ordered steps. Therefore, claim 1 remains rejected by Fu and Harrison.
Second regarding claim 13, the attorney continued to argue ordered steps of fixing the heater sub-assembly against the power and control sub-assembly to make the intermediate sub-assembly first, then after that step, connect the housing sub-assembly to the intermediate assembly. However, claim 13 is an assembly or product claim: the product is the sub-assembly. Since claim 13 is an assembly, method interpretation don’t apply and the ending product is what should be disclosed by the prior art. In this case, Fu and Harrison both disclose the ending product which is all of the elements of the sub-assembly (please see claims 1 and 13 rejections above). Therefore, claim 13 remains rejected by Fu and Harrison.
Lastly regarding claim 2, fig. 2 distinctively discloses a control board 3 i.e. first PCB that is connected in between or aligned with both bracket 81 i.e. heater sub-assembly support frame and brackets 82/83 specifically bracket 82 i.e. electrical power source support frame. Par [0037] in combination with fig. 2 of CN ‘337 clearly supports examiner’s interpretation because: the heater sub-assembly support frame 81 holds and attaches to baking assembly 4 (i.e. a heater assembly) and the electrical power source support frame 82 holds and attaches to the battery 2 (i.e. a power source). The aligning process is simply aligning the baking assembly 4, control board 3, and battery 2 with each other and using the heater sub-assembly support frame 81 and the electrical power source support frame 82 to attach them together in the assembly that is explicitly seen in fig. 2. Examiner is unsure why attorney continues to state that CN ‘337 does not disclose anything that suggest aligning the first PCB between the heater sub-assembly and electrical power source support frames when its clearly shown in fig. 2. As for claim 14, which is an assembly claim, is still rejected by CN ‘337 as the secondary reference discloses the PCB in between both frames.
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 MARCUS E HARCUM whose telephone number is (571)272-9986. The examiner can normally be reached Mon-Fri. 8am-5pm.
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/MARCUS E HARCUM/Examiner, Art Unit 2831