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 Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/29/2025 has been entered.
Response to Amendment
This office action is in response to Applicant’s amendment filed 8/26/2025.
Claim 1 is amended.
Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, see page 5 and 7, filed 8/26/2025, with respect to the rejection of claims 1-3, 6-9, 13, 15, and 19 under 35 U.S.C. 103 as being unpatentable over Murray in view of Trzecieski and Borkovec have been fully considered and are persuasive. Applicant has amended claim 1 to include the limitation “at least a portion of the sheath is covered by a cartridge housing.” The prior art of record fails to disclose such a limitation. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited prior art (see below).
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.
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 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, 6-9, 13, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. (US 2018/0020736) in view of Trzecieski (US 2019/0166913; of record) and Borkovec et al. (WO 2015/018479; of record).
Regarding claim 1, Silvestrini discloses an aerosol-generating system (abstract; “vaporizer device”) comprising:
a device portion (40) including a housing (46; Fig. 1 and 3B; “shell”);
a cartridge receptacle (see Fig. 3B; interpreted as the inside of the connecting rib 48) formed from a cartridge interface (see Fig. 3B; interpreted as the surface the electrical contact elements 45 are located) disposed at least partially inside a connecting rib (48; “sheath”), the sheath is disposed on a superior end of the housing (see Fig. 3B), the cartridge interface comprising spring loaded electrical contact elements (45; “first electrical coupling”) with pads of a heater assembly (28; “heating element”) in the cartridge (20; “vaporizer cartridge”) when the cartridge is inserted into the cartridge receptacle along a longitudinal axis of the aerosol-generating system (see Fig. 1) such that a capillary material (31) and retention material (32) of the cartridge are partially inside the cartridge receptacle (see Fig. 1), wherein at least a portion of a protective cover (33; Fig. 4-5; [0083], [0086] “wick housing”) of the cartridge is disposed at an open end (interpreted as the top of the connecting rib) of the connecting rib (see Fig. 1) and at least a portion of the connecting rib is covered by a cartridge housing (22) when the cartridge is inserted into the cartridge receptacle.
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Silvestrini further discloses that the control circuitry (44) may be configured to control the power supplied to the heater based on one or more of an identity of the cartridge ([0081]).
However, Silvestrini is silent as to a plurality of electrical couplings comprising a second electrical coupling with a cartridge identification chip of the vaporizer. Specifically, while Silvestrini discloses controlling power to the heater based on the cartridge’s identity, Silvestrini is silent as to any physical structure that would allow the control circuitry to identify the cartridge.
Trzecieski teaches a vaporization device (abstract; “vaporizer device”) comprising a cartridge receptacle (116; Fig. 1) formed from an air intake manifold (110; Fig. 7; “cartridge interface”) disposed in a second section (109; “sheath disposed on a superior end of the shell”) having a plurality of device electrical contacts (158; Fig. 7 illustrates 6 contacts; “plurality of electrical couplings”) comprising a first electrical coupling that is used to energize a heating element assembly ([0326]) and a second electrical coupling that is used to provide cartridge identifier data to the control circuit ([0355]), the cartridge identifier data is stored on a memory module (254) of a cartridge assembly (200) ([0356]) and in electrical communication with cartridge contacts (272).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have (1) added a memory module with cartridge identifier data as in Trzecieski to Silvestrini’s cartridge, and (2) substituted Silvestrini’s electrical interface for Trzecieski’s electrical interface in order to obtain the predictable result of providing cartridge identifier data to the control circuit of the device (Trzecieski; [0355]) with the benefit of adjusting the operating parameters based on the cartridge identifier data (Trzecieski; [0360]), as suggested by Silvestrini ([0081]), thereby generating an aerosol according to ideal operating parameters as specified by the manufacturer.
Furthermore, Silvestrini discloses the housing (46) contains other electrical components such as a battery (42) and control circuit (44) ([0081]).
Moreover, Silvestrini is silent as to a skeleton coupled with the cartridge interface, the skeleton configured to secure the cartridge interface inside the shell. Specifically, Silvestrini is silent as to the details of how certain electrical components, such as the battery and control circuitry, are arranged in the housing.
Borkovec teaches an electronic smoking device comprising an electronic smoking device (70; Fig. 4) and an atomizer (76; “cartridge”) the electronic smoking device comprising: a housing sleeve (60; “shell”); a connector (50; “cartridge receptacle” and “cartridge interface”) disposed inside sheath (see Fig. 3-4; interpreted as the top end of the housing sleeve); and an insert (10; “skeleton”) having a housing sleeve (30) such that the connector is mounted in the housing sleeve (claim 6; Fig. 2), the skeleton is fitted into housing sleeve by irreversibly locking inside the housing sleeve by means of protrusions or claws emerging from the insert (p. 13, l. 24-p. 14, l. 4; “secure the cartridge interface inside the shell”). Borkovec teaches that it can be difficult to assemble the components of the electronic smoking device like a battery, puff sensor, and/or control electronic. Borkovec solves such a problem by providing the insert, which immobilizes the components to prevent internal migration (p. 4, ll. 14-24) and (2) assists in correct internal positioning and alignments of the components (p. 4, ll. 26-32).
It would have been obvious to said skilled artisan to have modified Silvestrini’s electrical components, such as the control circuit, the battery, and cartridge interface, to be arranged on an insert as in Borkovec and (2) modified Silvestrini’s housing the insert with the mounted electrical components as in Borkovec in order to obtain the predictable result of immobilizing electrical components of the main body in a way that prevents internal migration of the electrical components (Borkovec; p. 4, ll. 14-24) and ensures the correct internal positioning of such components (Borkovec; p. 4, ll. 26-32) thereby making the device more reliable (Borkovec; p. 4, ll. 14-24).
Regarding claim 2, modified Silvestrini discloses:
the battery (42; see also Borkovec, battery 40, Fig. 2); and
the control circuitry (44; see also Borkovec, electronic circuit board 44, Fig. 2]; “circuit board assembly”) which supplies power form the battery to the heater in the cartridge ([0081]), such that the battery is connected on one side of the control board and the connector is connected on another side of the control board (Borkovec; Fig. 2), and mounting the battery, circuit board, and connector on the insert (Borkovec; claim 3).
Regarding the claim limitation “printed circuit board assembly” the presence of the word “printed” makes the limitation a product-by-process claim. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113.
Regarding claim 6, modified Silvestrini discloses the cartridge interface includes a set of electrical contacts (Trzecieski; 158; Fig. 7) to form an electrical coupling with a plurality of cartridge electrical contacts (Trzecieski; 272; Fig. 7) to electrically connect the energy storage module to the resistive wire (Trzecieski; [0323]-[0324]).
Regarding claim 7, modified Silvestrini discloses three pairs of electrical contacts disposed on opposite sides of cartridge receptacle (Trzecieski; see Fig. 1 and 7).
Regarding claim 8, modified Silvestrini discloses the cartridge interface includes electrical contacts (Trzecieski; 158) coupled to the cartridge electrical contacts (Trzecieski; 272) to allow electrical communication of the memory module (“cartridge identification chip”) and the control assembly (Trzecieski; [0358]) which contains the cartridge identifier data (Trzecieski; [0355]).
Regarding claim 9, modified Silvestrini discloses a first set of three electrical contacts on the left side of the inlet manifold and a second set of three electrical contacts on the right side of the inlet manifold located in the cartridge receptacle (Trzecieski; see Fig. 1 and 7).
Regarding claim 13, modified Silvestrini discloses the connecting rib (48) and the device portion (40) are formed as a solitary unit (see Fig. 1, illustrating the connecting rib 48 is a part of the housing; see also [0089], describing “a connecting rib 48 of the device portion”).
Regarding claim 15, modified Silvestrini discloses the cartridge interface (see Fig. 3B).
However, modified Silvestrini is silent as to the cartridge interface is further configured to form, with the vaporizer cartridge, a mechanical coupling configured to retain the cartridge inside the cartridge.
Trzecieski further teaches the intake manifold (110) includes a lock unit (160; Fig. 1) including a lock member (164) configured to engage the cartridge (200) when the cartridge is positioned within the receptacle ([0266]; “mechanical coupling”).
It would have been obvious to said skilled artisan to have added a lock member as in Trzecieski to the cartridge interface of modified Silvestrini in order to obtain the predictable result of engaging the consumable when the consumable is positioned within the cavity (Trzecieski; [0266]) to create a more secure connection between the consumable and the electrical interface (Trzecieski; [0265]).
Regarding claim 19, modified Silvestrini discloses the insert (Borkovec; 10; “skeleton”) which is fitted into housing sleeve by irreversibly locking inside the housing sleeve by means of protrusions or claws emerging from the insert (Borkovec; p. 13, l. 24-p. 14, l. 4; “detents”).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski and Borkovec et al. as applied to claim 2 above, and in further view of Chen (US 2020/0404977; of record).
Regarding claim 3, modified Silvestrini discloses the vaporizer device as discussed above with respect to claim 2, wherein the device portion (40) includes the electrical components mounted on the insert (Borkovec; claim 3).
However, modified Silvestrini is silent as to the second assembly includes an antenna.
Trzecieski further teaches a control circuit assembly (108) including a control circuit (120) and one or more wireless communication modules (122, 124, 126), wherein the control circuit may be wirelessly coupled with an external server through the one or more wireless communication modules such that the operating parameters of the control circuit can be adjusted based on the cartridge identifier data stored on the memory module as well as information/data received from the external server ([0359]).
Moreover, Chen teaches an electronic vaporizer (abstract) comprising a cigarette rod (12; analogous to Silvestrini’s device portion) including an antenna (170) for receiving and transmitting wireless signals ([0137], [0151]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a wireless communication module as in Trzecieski to Silvestrini’s device portion in order to obtain information/data via the wireless communication module that would further allow the control circuit to identify the cartridge and then adjust the operating parameters (Trzecieski; [0359]). One of skill in the art would be motivated to have added an antenna as in Chen to the device portion of modified Silvestrini in order to obtain the predictable result of receiving and transmitting wireless signals (Chen; [0137], [0151]).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski, Borkovec et al., and Chen as applied to claim 3 above, and further in view of Lakraa et al. (US 2022/0386702; of record).
Regarding claims 4-5, as an initial matter, the effective filing date of claim 4 is not taken to be 11/4/2019. Specifically, provisional application 62/930508 having the filing date of 11/4/2019 does not contain any description about “radio waves” let alone materials of the shell and endcap being more or less “penetrable to radio waves from the antenna” (for example, a search of the specification for “radio” yields 0 results). Therefore, the earliest possible effective filing date for claim 4 would be 12/12/2019, which is after Lakraa’s effectively filed date of 11/6/2019.
Modified Silvestrini discloses the vaporizer device as discussed above with respect to claim 3, comprising the one or more wireless communication modules (Trzecieski; 122) including an antenna (Chen; [0131]) assembled on the insert (Borkovec; p. 4, ll. 14-24), wherein the insert includes an end wall (Borkovec; 14; “endcap”), and the insert being insides of the housing sleeve (Borkovec; 60; “shell”).
However, modified Silvestrini is does not explicitly teach wherein the shell is formed from a first material, wherein the vaporizer device further includes an endcap formed form a second material that is more penetrable to radio waves form the antenna than the first material. Specifically, modified Silvestrini is silent as to the material used to form the endcap and the housing. Moreover, modified Silvestrini is silent as to the shell includes one or more insets formed from the second material and/or a third material that are more penetrable to radio waves from the antenna than the first material.
Lakraa teaches an electronic cigarette (abstract) comprising a sleeve (94; Fig. 5A-C; “shell”) made of metallic material (para. 26; “first material”), a plug (96; “endcap”) made of a RF transmissive material (para. 73; “second material that is more penetrable to radio waves…than the first material”) such as plastic (see para. 69), a lid (102; “one or more insets”) formed from a material made of plastic (para. 23; “second material”), and a wireless antenna positioned below the lid that is arranged to communicate data through the lid of the device such that the lid facilitates transmission of radio waves (para. 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the end wall and housing sleeve of modified Silvestrini to be plastic and metal respectively as in Lakraa, and added a plastic lid to the housing as in Lakraa, in order to obtain the predictable result of transmitting radio waves through the plastic lid and/or endcap rather than the metallic housing (Lakraa; para. 26) thereby providing a more reliable (Lakraa; para. 3), more easily constructed, and lower costing electronic cigarette (Lakraa; para. 25).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski and Borkovec et al. as applied to claims 1 and 8 above, in further view of Golko et al. (US 8998632; of record).
Regarding claim 10, modified Silvestrini discloses the vaporization device as discussed above with respect to claim 8.
However, modified Silvestrini is silent as to the set of cartridge identifier contacts includes at least one electrical contact that is preloaded to exert a force against a corresponding electrical contact at the cartridge identification chip.
Golko teaches a dual orientation connector with external contacts (title) reasonably pertinent to the problem solved by the inventor of improving deficiencies in the connectors and particularly data connectors (col. 2, ll. 38-48), the connector (300; Fig. 32-33C; analogous to the cartridge contacts) comprising six contacts (3021-3026) positioned in within a contact region (46a) and six additional contacts (3027-30212) positioned on an opposing surface of the tab (46b) wherein the spacing is consistent between each of the contacts on the front and back sides and between the contacts and the edges of the connector to provide 180 degree symmetry so that the plug connector can be inserted into a corresponding receptacle connector in either of two orientations (col. 27, ll. 29-49), and a receptacle connector (360; Figs. 39A-D) including a housing (262) that defines a cavity (364) and houses twelve contacts (3661-36612; analogous to the plurality of electrical couplings) within the cavity such that the connector plug can be inserted into the cavity to electrical couple the contacts (3021-30212) to respective contacts (3661-36612) while two spring-loaded conductive retention clips (368a, 368b; “at least one electrical contact that is preloaded to exert a force”) protrude into the cavity and function to both secure the plug connector with in the cavity and provide a ground for the connector (col. 30, ll. 34-46). Golko discloses that contacts within the regions (46a, 46b) may include contacts designated for a wide variety of signals including power contacts and digital contacts (col. 11, ll. 13-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted modified Silvestrini’s electrical contacts for Golko’s data plug connection in order to obtain the predictable result of transfer power and data (Golko, col. 11, ll. 13-17) with the benefit of improving the plug connector by reducing the plug length and thickness, imparting an intuitive insertion orientation with a smooth and consistent feel when inserting and extracting the connector, and eliminating the drawback of collecting and trapping debris (col. 2, ll. 49-58).
Regarding claim 11, modified Silvestrini discloses the connecting rib (48; “sheath”).
Regarding the claim limitation “the sheath is configured to prevent an overextension of the at least one electrical contact and wherein the sheath is further configured to prevent contact between the at least one electrical contact and the shell vaporizer device,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, because the device of modified Murray (where the spring-loaded conductive retention clips are located in the cartridge receptacle/sheath) is identical to the claimed invention, it is capable of being operated with similar if not identical claimed characteristics.
Regarding claim 12, modified Silvestrini discloses the connector to provide 180 degree symmetry so that the plug connector can be inserted into a corresponding receptacle connector in either of two orientations (Golko; col. 27, ll. 29-49).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski and Borkovec et al. as applied to claim 1 above, in further view of Mamoun et al. (US 2016/0219938; of record).
Regarding claim 14, modified Silvestrini discloses the vaporizer device as discussed above with respect to claim 1 wherein the connecting rib (48) and the device portion (40) are formed as a solitary unit (see Fig. 1, illustrating the connecting rib 48 is a part of the housing; see also [0089], describing “a connecting rib 48 of the device portion”).
However, modified Silvestrini is silent as to wherein the sheath is coupled to the shell by one or more of an adhesive, a friction fit, and/or a welding.
Mamoun teaches a programmable smoking cessation system (abstract) comprising an inner casing (111a, 111b; Fig. 1B; “sheath”) and an outer housing (101; “shell”) wherein the casing 11a frictionally engages the outer housing 101 (see Fig. 1B; “friction fit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Silvestrini’s connecting rib to be an inner casing as in Mamoun in order to provide added protection to the battery (Mamoun; para. 111).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski and Borkovec et al. as applied to claim 1 above, and further view of Antonopoulos et al. (US 2021/0251302; of record).
Regarding claim 16, modified Silvestrini discloses the electronic vapor device as discussed above with respect to claim 1. Modified Silvestrini further discloses the battery ([0075]).
However, modified Silvestrini is silent as to a first retention feature configured to couple the vaporizer device to a charger device configured to form a magnetic coupling with a second retention feature at the charger device, the magnetic coupling aligning and maintaining the vaporizer device in one or more position and/or orientation relative to the charger device.
Antonopoulos teaches an aerosol-generating system (abstract) comprising an aerosol-generating device (101) having a rechargeable electrical power supply ([0095]) having a first connector part (40; “first retention feature”) and a charging unit (103) comprising a cavity (104) with a second connector part (50; “second retention feature”), wherein the first and second connector parts comprise a first magnetic element and a second magnetic element respectively (para. 116) which cause the connectors to be self-aligned and self-engaged (para. 14; “aligning and maintaining”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have (1) configured Silvestrini’s battery to be rechargeable as in Antonopoulos and (2) added the first and second magnetic elements as in Antonopoulos to the device of modified Silvestrini in order to obtain the predictable result of (a) allowing for a user to recharge the power supply to extend the useable life of the aerosol-generating device (Antonopoulos; [0079]) and (b) causing the first and second connector parts to advantageously align and engage themselves to facilitate electrical engagement which improves the speed and ease with which a user is able to connect a device to the charging unit (Antonopoulos; para. 14).
Regarding claims 17-18, modified Murray discloses at least one of the first magnetic element and the second magnetic element are neodymium magnets and at least one of the first magnetic element and the second magnetic element are ferromagnetic stainless steel (Antonopoulos; para. 18).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. in view of Trzecieski and Borkovec et al. as applied to claim 1 above, and further in view of Nettenstrom (US 2019/0246693; of record).
Regarding claim 20, modified Silvestrini discloses the electronic vapor device as discussed above with respect to claim 1, wherein the cartridge receptacle (see Fig. 1 and 3B) is configured to receive a portion of the protective cover (33; “wick housing”) containing the capillary material (31; see Fig. 1; “wicking element”).
However, modified Silvestrini is silent as the first electrical coupling being formed by at least contacting a contact portion of the heating element disposed at least partially outside of the wick housing while a heating portion of the heating element is disposed at least partially inside the wick housing.
Nettenstrom teaches a vapor provision device (abstract) including a cartomizer (200; Fig. 2; “cartridge”) comprising a shell (410; Fig. 5), a chamber (270; Fig. 1) containing a reservoir of e-liquid (Paragraph 19), a primary seal (460; “wick housing”) including a slot (569) into which a wick is inserted (paragraph 44) and deformable ribs (563) are compressed by the inside wall of the lower portion of the shell during insertion (paragraph 60; “within the cartridge housing”), wherein the primary seal includes holes (582A and 582B) to allow for filling of an e-liquid (Paragraph 60; see Fig. 7B), wherein a heater wire (450) includes a coil (551; “heating portion”) inside of the primary seal (see Fig. 5B) and contact wires (552A, 552B) outside of the primary seal (see Fig. 5B-C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the protective cover of Silvestrini for the primary seal of Nettenstrom in order to achieve the predictable result of providing a good seal to retain e-liquid in the reservoir (Nettenstrom; Paragraph 43) thereby preventing e-liquid from leaking.
Conclusion
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755