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 .
Status of the Claims
Claims 1-2, and 6-12 are pending and are subject to this Office Action. Claim 1 is amended. Claim 12 is new.
Response to Amendments
The amendments to the claims filed on July 18, 2025 are acknowledged. The objection to Claim 1 has been withdrawn due to the amendments.
Response to Arguments
Applicant' s arguments, see pgs 6-12, filed December 5, 2025, with respect to the rejection(s) of claims 1-2, and 6-11 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 7-10, Applicant argues that Bouchuiguir fails to disclose the limitation: “wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions.” Specifically, Applicant argues that the Examiner has improperly relied upon a crude drawing (Bouchuiguir, Fig. 4B) to reject the limitation because Bouchuiguir does not state that the drawings are to scale, and does not provide dimensions. Examiner respectfully disagrees with the arguments because a prior art reference is good for all that it discloses or reasonably suggests. While Bouchiguir does not explicitly disclose the limitation in the specification, Fig. 4B of Bouchiguir provides a reasonable suggestion that at least two of the protruding portions of the plurality of type detection sensors protrude to be positioned at different heights prior to being pushed by the plurality of feature portions ([0045]-[0053], see Annotated Fig. 4b). Regardless of the small difference in the heights of the type detection sensors of Bouchiguir, Fig. 4B would have reasonably suggested that the type detection sensors can be positioned at different heights. Further, as mentioned in Bouchuiguir, [0049], the arrangement of the detecting units can be on the main level and/or underneath the main level and thus the reference clearly indicates that the plungers can be at different heights. Because Bouchuiguir demonstrates that the detecting units can be on a main level or recessed, it would have been obvious to one of ordinary skill in the art to employ both configurations together such that detecting units can be positioned at different heights before being pushed by the plurality of feature portions.
On pg. 10, Applicant argues that there is no discussion in Bouchuiguir with respect to Figure 4B that the third detecting unit is determined to not be pressed down, and that the fourth detecting unit is determined to not be pressed down. Applicant argues that there must be a comparison between the projected position and depressed position of the third detecting unit and the fourth detecting unit to read on the claimed limitation. Examiner respectfully disagrees with the arguments because it is not necessarily true that the depressed position of the detecting units must be known. As multiple types of cartridges can be connected to the aerosol generating devices and each cartridge can have different configurations of feature portions (Bouchiguir, [0042], [0052]-[0053]), a cartridge having feature portions which correspond to the third and fourth type detecting unit of Fig. 4B can press down the third and fourth type detecting unit. Therefore, each of the third and fourth type detecting unit is necessarily capable of being pressed down. As such, the arguments are unpersuasive.
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The following is a modified rejection based on amendments made to the claims.
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.
Claims 12 are 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 12 recites the limitation “wherein surfaces of each of the contact portions of the plurality of feature portions are flat and are configured to respectively contact flat surfaces of the plurality of feature portions” on ln 25-26. The limitation renders the claim indefinite because the only contact portions introduced in the claim belong to the plurality of protruding portions (see claim 12, ln 12). For examination purposes, examiner has interpreted the limitation as “wherein surfaces of each of the contact portions of the plurality of protruding
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1).
Regarding Claim 1, Bouchuiguir, directed to aerosol-generating devices ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3 is a device for the generation of an aerosol), teaches an aerosol-generating device ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0038]-[0039], Figs. 1a-1c, 2a; Electronic cigarette 3 comprises consumable container 2 (cartridge). Consumable container 2 comprises an e-liquid chamber 204 housing a vaporizing e-liquid. The e-liquid is a substance which generates an aerosol upon heating);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0038]-[0039], [0044], Figs. 1a-1c, 2b; Electronic cigarette 3 comprises vaporizer main body 1 defining a housing for consumable container 2. Vaporizer main body 1 includes an inner wall which defines a container seating (insertion space) as shown in Fig. 2b, configured to accommodate insertion of consumable container 2 therein); and
a plurality of type detection sensors ([0045]-[0046], [0051]-[0052], Fig. 2b-2c, 4a-4b; Vaporizer main body 1 comprises one or more detecting units 101 provided on second vaporizer connecting surface 120. The detecting units 101 comprise a resilient member connected with a sensor. The detecting units 101 detect a type of consumable container 2 (cartridge) inserted into container seating (insertion space)),
wherein the cartridge includes a plurality of feature portions comprising recessed regions at an outer surface of the cartridge that is configured to contact the plurality of type detection sensors when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 4a, 4b; Consumable container 2 (cartridge) includes multiple indentations or protrusions 201 (feature portion) provided on second consumable container connecting surface 220 (outer surface of the cartridge). The indentations 201 are recessed regions. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120),
wherein a shape of the plurality of feature portions corresponds to a type of the cartridge ([0042], [0051]-[0052], Fig. 1c, 4a, 4b; The shape of the multiple indentations or protrusions 201 (feature portions) correspond to a type of consumable container 2 (cartridge)), and
wherein the plurality of type detection sensors comprises protruding portions corresponding to the plurality of feature portions ([0045]-[0046], [0049], Fig. 2b-2c, 3a-3e; Each of the detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion) which protrudes from second vaporizer connecting surface 120 to a predetermined height at a position corresponding to the multiple indentations or protrusions 201 (feature portions)) and
protruding from an inner space ([0047], [0049], Fig. 3a; The detecting units 101 (type detection sensors) may be located within a recess (inner space) under the main level of vaporizer connecting surface 120. Fig. 3a shows an exemplary arrangement wherein barrel 1011, spring 1014 and pressure sensor 1015 of detecting unit 101 is arranged within a recess under the main level of vaporizer connecting surface 120, while the plunger head 1012 (protruding portion) protrudes out from the vaporizer connecting surface 120),
wherein the plurality of protruding portions is configured to be pushed into the inner space to a particular depth based on force applied by the plurality of feature portions when the cartridge is inserted into the insertion space ([0045]-[0053], Fig. 2b, 3a, 4a, 4b; When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. The protrusions 201 (feature portions) may push the plunger heads 1012 (protruding portion) into the respective recesses to a particular depth based on force applied by the protrusions 201 (feature portion)),
wherein the plurality of type detection sensors is configured to output a signal based on corresponding to the particular depths that the each of the protruding portions is pushed into the inner space by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; The one or more detecting units 101 provided on second vaporizer connecting surface 120 located adjacent to the container seating (insertion space) as shown in Fig. 2b. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. Vaporizer 1 is configured to detect the retraction levels of the detecting units 101 (the depth that the plunger head 1012 (protruding portion) is pushed into the recess (inner space) below the main level of vaporizer connecting surface 120 by the protrusions 201 (feature portions) on consumable connecting surface 220). The information coded by the consumable container surface 220 is decoded, e.g. by checking a table stored in a memory unit of the vaporizer against the result of the detection. At least some of the decoded information may be indicated to the user by adjusting the intensity of the light color emitted by the LED light 110 based on the type of consumable container 2 (e.g. Type A, Type B, Type C). It is reasonably understood that the detection units 101 must output as signal indicative of the type of consumable container 2 in order to activate the LED light 110),
wherein cross-sectional shapes of the protruding portions respectively correspond to cross-sectional shapes of the recessed regions of the plurality of feature portions such that the each of the protruding portions is at least partially accommodated in the plurality of recessed regions when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a; The detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion). The cross-sectional shape of the plunger heads 1012 (protruding portions) is circular. The cross-sectional shape of the multiple indentations 201 (recessed regions of the feature portions) is also circular. Therefore, the cross-sectional shape of the plunger heads 1012 (protruding portions) corresponds to the cross-sectional shapes of the multiple indentations 201 (recessed regions of the feature portions) such that the plunger heads 1012 of detecting units 101 are insertable into the multiple indentations 201 when consumable container 2 (cartridge) is inserted into container seating (insertion space)),
but does not explicitly teach the aerosol-generating device i) wherein the plurality of type detection sensors protrudes into the insertion space from the inner space; and ii) wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions.
With respect to i), Floyd, directed to aerosol-generating devices ([0009], An electronic vaporizing device is an aerosol generating device), teaches an aerosol-generating device ([0038], Fig. 1; Vaporizer 100) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0038], Fig. 1; Vaporizer 100 comprises cartridge module 110 configured to accommodate a vaporizer liquid (aerosol-generating substance));
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0038]-[0040], Fig. 1-3; Vaporizer 100 comprises a vaporizer housing 136 which houses cartridge module 110 within cartridge port 140. Cartridge port 140 includes an inner wall defining an insertion space configured to accommodate insertion of the cartridge module 110 therein); and
a type detection sensor ([0038]-[0041], Fig. 1-3; Patch sensor 156 is provided on the inner wall of cartridge port 140. Patch sensor 156 is configured to contact code patch 154 of cartridge module 110 to detect the identity of cartridge module 110),
wherein the cartridge includes a feature portion configured to contact the type detection sensor when the cartridge is inserted into the insertion space ([0038]-[0041], Fig. 1-3; Cartridge module 110 includes code patch 154 (feature portion) configured to contact the patch sensor (type detection sensor) wherein cartridge module 110 is inserted into the cartridge port 140 which defines the insertion space), and
wherein the type detection sensor is provided on the inner wall protruding into the insertion space ([0038]-[0041], Fig. 1-3; Patch sensor 156 is provided on the inner wall of cartridge port 140 protruding into the insertion space defined by cartridge port 140).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the plurality of type detection sensors taught by Bouchuiguir on an inner wall of the housing as taught by Floyd such that the plurality of protruding portions protrude into the insertion space from the inner space because Bouchuiguir and Floyd are directed to aerosol-generating devices, Floyd demonstrates that the inner wall of a housing is a suitable location for a type detection sensor ([0038]-[0041], Fig. 1-3), and this involves moving type detection sensors from one location to another to yield predictable results.
Bouchuiguir in view of Floyd does not explicitly teach the aerosol-generating device ii) wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions.
Bouchuiguir discloses an additional configuration wherein at least two of the protruding portions of the plurality of type detection sensors protrude to be positioned at different heights prior to being pushed by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; Annotated Fig. 4b shows a configuration comprising a first detecting unit 101 in a fully retracted position, a second detecting unit 101 in a half-way retracted position, and a third and fourth detecting unit 101 which have not been depressed by a protrusion 201 (feature portion). As shown in annotated Fig. 4b below, a red horizontal line parallel to the container connecting surface 220 has been drawn to show that plunger heads 1012 (protruding portions) of the third and fourth detecting units 101 (type detection sensors) protrude to be positioned at different heights prior to being depressed by the plurality of protrusions 201 (feature portions)).
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As Bouchiguir demonstrates that a person skilled in the art may combine some of the parts of different embodiments to single units (Bouchuiguir, [0038]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions because this would solely involve combining elements from different embodiments of the same invention.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Choi (US 2021/0378314 A1).
Regarding Claim 1, Bouchuiguir, directed to aerosol-generating devices ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3 is a device for the generation of an aerosol), teaches an aerosol-generating device ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0038]-[0039], Figs. 1a-1c, 2a; Electronic cigarette 3 comprises consumable container 2 (cartridge). Consumable container 2 comprises an e-liquid chamber 204 housing a vaporizing e-liquid. The e-liquid is a substance which generates an aerosol upon heating);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0038]-[0039], [0044], Figs. 1a-1c, 2b; Electronic cigarette 3 comprises vaporizer main body 1 defining a housing for consumable container 2. Vaporizer main body 1 includes an inner wall which defines a container seating (insertion space) as shown in Fig. 2b, configured to accommodate insertion of consumable container 2 therein); and
a plurality of type detection sensors ([0045]-[0046], [0051]-[0052], Fig. 2b-2c, 4a-4b; Vaporizer main body 1 comprises one or more detecting units 101 provided on second vaporizer connecting surface 120. The detecting units 101 comprise a resilient member connected with a sensor. The detecting units 101 detect a type of consumable container 2 (cartridge) inserted into container seating (insertion space)),
wherein the cartridge includes a plurality of feature portions comprising recessed regions at an outer surface of the cartridge that is configured to contact the plurality of type detection sensors when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 4a, 4b; Consumable container 2 (cartridge) includes multiple indentations or protrusions 201 (feature portion) provided on second consumable container connecting surface 220 (outer surface of the cartridge). The indentations 201 are recessed regions. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120),
wherein a shape of the plurality of feature portions corresponds to a type of the cartridge ([0042], [0051]-[0052], Fig. 1c, 4a, 4b; The shape of the multiple indentations or protrusions 201 (feature portions) correspond to a type of consumable container 2 (cartridge)), and
wherein the plurality of type detection sensors comprises protruding portions corresponding to the plurality of feature portions ([0045]-[0046], [0049], Fig. 2b-2c, 3a-3e; Each of the detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion) which protrudes from second vaporizer connecting surface 120 to a predetermined height at a position corresponding to the multiple indentations or protrusions 201 (feature portions)) and
protruding from an inner space ([0047], [0049], Fig. 3a; The detecting units 101 (type detection sensors) may be located within a recess (inner space) under the main level of vaporizer connecting surface 120. Fig. 3a shows an exemplary arrangement wherein barrel 1011, spring 1014 and pressure sensor 1015 of detecting unit 101 is arranged within a recess under the main level of vaporizer connecting surface 120, while the plunger head 1012 (protruding portion) protrudes out from the vaporizer connecting surface 120),
wherein the plurality of protruding portions is configured to be pushed into the inner space to a particular depth based on force applied by the plurality of feature portions when the cartridge is inserted into the insertion space ([0045]-[0053], Fig. 2b, 3a, 4a, 4b; When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. The protrusions 201 (feature portions) may push the plunger heads 1012 (protruding portion) into the respective recesses to a particular depth based on force applied by the protrusions 201 (feature portion)),
wherein the plurality of type detection sensors is configured to output a signal based on corresponding to the particular depths that the each of the protruding portions is pushed into the inner space by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; The one or more detecting units 101 provided on second vaporizer connecting surface 120 located adjacent to the container seating (insertion space) as shown in Fig. 2b. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. Vaporizer 1 is configured to detect the retraction levels of the detecting units 101 (the depth that the plunger head 1012 (protruding portion) is pushed into the recess (inner space) below the main level of vaporizer connecting surface 120 by the protrusions 201 (feature portions) on consumable connecting surface 220). The information coded by the consumable container surface 220 is decoded, e.g. by checking a table stored in a memory unit of the vaporizer against the result of the detection. At least some of the decoded information may be indicated to the user by adjusting the intensity of the light color emitted by the LED light 110 based on the type of consumable container 2 (e.g. Type A, Type B, Type C). It is reasonably understood that the detection units 101 must output as signal indicative of the type of consumable container 2 in order to activate the LED light 110),
wherein cross-sectional shapes of the protruding portions respectively correspond to cross-sectional shapes of the recessed regions of the plurality of feature portions such that the each of the protruding portions is at least partially accommodated in the plurality of recessed regions when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a; The detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion). The cross-sectional shape of the plunger heads 1012 (protruding portions) is circular. The cross-sectional shape of the multiple indentations 201 (recessed regions of the feature portions) is also circular. Therefore, the cross-sectional shape of the plunger heads 1012 (protruding portions) corresponds to the cross-sectional shapes of the multiple indentations 201 (recessed regions of the feature portions) such that the plunger heads 1012 of detecting units 101 are insertable into the multiple indentations 201 when consumable container 2 (cartridge) is inserted into container seating (insertion space)),
but does not explicitly teach the aerosol-generating device i) wherein the plurality of type detection sensors protrudes into the insertion space from the inner space; and ii) wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions.
With respect to i), Choi, directed to aerosol-generating devices ([0001]-[0002], An electronic vaping device is an aerosol generating device), teaches an aerosol-generating device ([0040]-[0041], Fig. 1; Electronic vaping apparatus 100 is a device) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0040]-[0042], Figs. 1-4; Electronic vaping apparatus 100 comprises cartridge 300 configured to accommodate a vaporizable substance (aerosol-generating substance));
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0040]-[0042], [0045], Figs. 1-4; Electronic vaping apparatus 100 comprises body 200 comprising a housing 202. Housing 202 includes an inner wall defining a cartridge receiver 204 (insertion space) to accommodate insertion of cartridge 300 therein); and
a plurality of type detection sensors ([0052], Fig. 1B; Body 200 comprises plurality of connecting pins 254 extending though the proximal end panel 216 to as to be contactable by the cartridge 300 when the cartridge 300 is received in the cartridge receiver 204. [0059], Fig. 5A; Cartridge 300 comprises cartridge electrical connector 350. [0065], Cartridge electrical connector 350 includes first and second electrodes 352a, 352b positioned so as to contact two of the three connecting pins 254 of the body electrical connector 230. Cartridge electrical connector 350 includes a pin receiving recess 354 for receiving the third one or the three connecting pins 254 [0067], The positioning of the first and second electrodes 352a, 352b and of the pin receiving recess 354 relative to the connecting pins 254 may define an identifier of the cartridge 300 which could allow the controller 250 to identify a type of vaporizable material which can be vaporized by this cartridge 300 and to control the electrical power provided to the heater 306 accordingly. Therefore, connecting pins 254 define an identifier (type detection sensors) for detecting the type of material in the cartridge),
wherein the cartridge includes a feature portion configured to contact the plurality of type detection sensors when the cartridge is inserted into the insertion space ([0052], Fig. 1B; Body 200 comprises plurality of connecting pins 254 (type detection sensors) extending though the proximal end panel 216 to as to be contactable by the cartridge 300 when the cartridge 300 is received in the cartridge receiver 204. [0059], Fig. 5A; Cartridge 300 comprises cartridge electrical connector 350. [0065], Cartridge electrical connector 350 includes first and second electrodes 352a, 352b positioned so as to contact two of the three connecting pins 254 of the body electrical connector 230. Cartridge electrical connector 350 includes a pin receiving recess 354 for receiving the third one or the three connecting pins 254. [0067], The positioning of the first and second electrodes 352a, 352b and of the pin receiving recess 354 relative to the connecting pins 254 may define an identifier of the cartridge 300 which could allow the controller 250 to identify a type of vaporizable material which can be vaporized by this cartridge 300 and to control the electrical power provided to the heater 306 accordingly. Therefore, the first and second electrodes 352a, 352b and the pin receiving recess 354 define at least one feature portion configured to contact the connecting pins 254 (type detection sensors) when the cartridge 300 is inserted into the cartridge receiver 204), and
wherein the plurality of type detection sensors is provided on a lower surface of the insertion space and protruding into the insertion space ([0052], Fig. 1B; Proximal end panel 216 defines a lower surface of cartridge receiver 204 (insertion space). Connecting pins 254 (type detection sensors) extend through proximal end panel 216 and at least partially protrude into the cartridge receiver 204),
wherein the feature portion is provided on a lower surface of the cartridge ([0059], Fig. 5A; Cartridge 300 comprises cartridge electrical connector 350 at its bottom wall 308 (lower surface). [0065], first and second electrodes 352a, 352b and pin receiving recess 354 (feature portion) are provided on cartridge electrical connector 350).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the plurality of type detection sensors taught by Bouchuiguir on a lower surface of the insertion space and protruding into the insertion space, and provide the plurality of feature portions on a lower surface of the cartridge as taught by Choi such that the protruding portions protrude into the insertion space from the inner space because Bouchuiguir and Choi are directed to aerosol-generating devices, Choi demonstrates that the lower surface of an insertion space is a suitable location for a plurality of type detection sensors and that the lower surface of a cartridge is a suitable location for a feature portion (Choi, [0052], [0059], [0065], [0067], Fig. 1B, 5A), and this involves moving a plurality of type detection sensors and feature portions from one location to another to yield predictable results.
Bouchuiguir in view of Floyd does not explicitly teach the aerosol-generating device ii) wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions.
Bouchuiguir discloses an additional configuration wherein at least two of the protruding portions of the plurality of type detection sensors protrude to be positioned at different heights prior to being pushed by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; Annotated Fig. 4b shows a configuration comprising a first detecting unit 101 in a fully retracted position, a second detecting unit 101 in a half-way retracted position, and a third and fourth detecting unit 101 which have not been depressed by a protrusion 201 (feature portion). As shown in annotated Fig. 4b below, a red horizontal line parallel to the container connecting surface 220 has been drawn to show that plunger heads 1012 (protruding portions) of the third and fourth detecting units 101 (type detection sensors) protrude to be positioned at different heights prior to being depressed by the plurality of protrusions 201 (feature portions)).
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As Bouchiguir demonstrates that a person skilled in the art may combine some of the parts of different embodiments to single units (Bouchuiguir, [0038]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at a different heights prior to being pushed into the inner space by the plurality of feature portions because this would solely involve combining elements from different embodiments of the same invention.
Regarding Claim 2, Bouchuiguir in view of Choi teaches the aerosol-generating device according to claim 1. Bouchuiguir further teaches the device wherein the plurality of feature portions is formed at an outer surface of the cartridge to face a direction in which the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 4a, 4b; Consumable container 2 (cartridge) includes multiple indentations or protrusions 201 (feature portions) provided on second consumable container connecting surface 220 (outer surface of the cartridge). When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 face a direction in which consumable container 2 is inserted into container seating. Bouchuiguir has been modified in claim 1 such that the multiple indentations or protrusions 201 (feature portions) are located at the lower surface of consumable container 2 (cartridge) to contact the detecting units 101 (type detection sensors) located at the lower surface of container seating (insertion space)).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) as applied to Claim 1, and further in view of Moloney (US 20230284708 A1).
Regarding Claim 6, Bouchuiguir teaches the aerosol-generating device wherein the each of the plurality of type detection sensors comprises a pressure sensor and the outputted signal is based on a magnitude of pressure applied to each type detection sensor by each feature portion in a predetermined direction ([0047]-[0048], Figs. 2b-2c, 3c-3e; The detecting units 101 (type detection sensors) comprise a pressure sensor 1015, and the outputted signal is based on a magnitude of pressure applied to the detecting units 101 by the multiple indentations and/or protrusions 201 (feature portions) in a predetermined direction)
but does not teach the device wherein each of the plurality of type detection sensors comprises a force sensor and the outputted signal is based on a magnitude of force applied to each type detection sensor.
Moloney, directed to aerosol-generating devices ([0004]-[0005]), teaches an aerosol generating device ([0041], Fig. 1; E-cigarette 10 is an aerosol delivery device) comprising
a pressure sensor configured to detect a magnitude of pressure applied to the pressure sensor ([0042], [0047], [0049], [0332], [0336], Figs. 1-2; E-cigarette 10 comprises a body 20. Body 20 comprises a sensor unit 215, which may be a sensor platform. The sensor platform may comprise a pressure sensor configured to detect a magnitude of pressure applied to the pressure sensor),
wherein the pressure sensor may be replaced with a force sensor configured to detect a magnitude of force applied to the force sensor ([0042], [0047], [0049], [0332], [0336], Figs. 1-2; The sensor platform may comprise a force sensor configured to detect a magnitude of force applied to the force sensor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device wherein the each of the plurality of type detection sensors comprises a force sensor and the outputted signal is based on a magnitude of force applied to each type detection sensor because Bouchuiguir, Floyd, and Moloney are directed to aerosol-generating devices, Moloney demonstrates that force sensors may replace pressure sensors as pressure is equal to a force over an applied area (Moloney, [0162], [0332], [0336]), and this involves replacing one type of sensor with another to yield predictable results.
Regarding Claim 7, Bouchuiguir in view of Floyd and Moloney teaches the aerosol-generating device according to claim 6. Bouchuiguir further teaches the device wherein each of the plurality of type detection sensors comprises: a contact portion configured to come into contact with the feature portion ([0047]-[0053], Figs. 2b-2c, 3c-3e, 4a-4b; The detecting units 101 (type detection sensors) comprise a plunger head 1012 (contact portion) configured to come in contact with the multiple indentations or protrusions 201 (feature portions));
an elastic member configured to elastically support the contact portion ([0047]-[0053], Figs. 2b-2c, 3c-3e, 4a-4b; The detecting units 101 (type detection sensors) comprise a spring 1014 (elastic member) configured to elastically support the plunger head 1012 (contact portion)) and
a signal generator configured to generate the signal indicating the type of the cartridge based on the magnitude of force by which the contact portion is moved in the predetermined direction ([0047]-[0048], Figs. 2b-2c, 3c-3e; The detecting units 101 (type detection sensors) comprise a pressure sensor 1015 configured to generate the signal indicating the type of the consumable container 2 (cartridge) based on the magnitude of pressure by which the plunger head 1012 (contact portion)is moved in the predetermined direction. The pressure sensor 1015 taught by Bouchuiguir has been replaced with the force sensor taught by Moloney as applied to Claim 6).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) as applied to Claim 1, and further in view of Batista (US 2024/0032590 A1).
Regarding Claim 8, Bouchuiguir teaches the aerosol-generating device further comprising: a first heater configured to heat the aerosol-generating substance in the cartridge ([0039], Fig. 2a; Consumable container 2 (cartridge) comprises a heating element in chamber unit 204 configured to heat the vaporizing e-liquid (aerosol-generating substance)),
wherein the device is configured to cause operation of only the first heater to heat the cartridge based on the outputted signal corresponding to the particular depth of the protruding portions pushed into the inner space ([0045]-[0053], Figs. 1-4; Vaporizer 1 is configured to detect the retraction levels of the detecting units 101 (the depth that the plunger head 1012 (protruding portions) are pushed into the recess (inner space) below the main level of vaporizer connecting surface 120 by the protrusions 201 (feature portions) on consumable connecting surface 220. The retraction levels of the detecting units 101 correspond to a specific type of consumable container 2 (cartridge). The information coded by the consumable container surface 220 is decoded, e.g. by checking a table stored in a memory unit of the vaporizer against the result of the detection. At least some of the decoded information may be indicated to the user by adjusting the intensity of the light color emitted by the LED light 110 based on the type of consumable container 2 (e.g. Type A, Type B, Type C). It is reasonably understood that the detection units 101 must output as signal indicative of the type of consumable container 2 in order to activate the LED light 110. The vaporizer may be set up or configured in a mode which corresponds to the type of the consumable container. The vaporizer necessarily causes operation of the first heater to heat the consumable container 2 (cartridge) based on the output signal),
but does not teach the device further comprising: a controller; a second heater configured to heat a stick inserted into the aerosol-generating device; and wherein the controller causes the operation of the first heater to heat the cartridge.
Batista, directed to aerosol-generating devices ([0001]), teaches an aerosol generating device ([0154]-[0155], Figs. 1-2; Aerosol-generating device 100) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0154]-[0155], [0159], Fig. 2; Aerosol-generating device 100 comprises cartridge 122 containing a second aerosol-forming substrate 124);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0154]-[0155], [0159], Fig. 2; Aerosol-generating device 100 comprises a housing 101 including an inner wall defining second substrate receiving portion 120 (insertion space) configured to accommodate insertion of cartridge 122 therein);
a first heater configured to heat the aerosol-generating substance in the cartridge ([0159]-[0162], Fig. 2; Aerosol-generating device 100 comprises heater element 126 (first heater) configured to heat the second aerosol-forming substrate 124 in the cartridge 122)
a controller ([0154]-[0155], Figs. 1-2; Aerosol-generating device 100 comprises control electronics 104 located within the housing 101);
a second heater configured to heat a stick inserted into the aerosol-generating device ([0154]-[0155], Figs. 1-2; Aerosol-generating device 100 comprises cavity 105 configured to receive an aerosol generating article 200 (having the shape of a stick). [0156], [0167], Aerosol-generating device 100 comprises a susceptor portion 106a and an inductor coil 111 which cooperate to heat aerosol generating article (stick)); and
wherein the controller causes operation of the first heater to heat the cartridge and/or the second heater to heat the stick ([0168], Fig. 2; Upon the user pressing the activation button 102, the control electronics 104 (controller) control the supply of electrical power from the rechargeable battery 103 to the inductor coil 111 and to the heater element 126. The resulting flow of electrical current through the inductor coil 111 induces eddy currents into the steel susceptor portion 106a. These eddy currents, in turn, result in heating of the susceptor portion 106a. Heat from the susceptor portion 106a radiates onto the aerosol-generating article 200 housed within the cavity 105. [0052], In some embodiments, the controller may be configured to supply power to the first and second heating means independently so that it may be controllable which of the first and second aerosol-forming substrates is generated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Bouchuiguir in view of Floyd further comprising: a controller; a second heater configured to heat a stick inserted into the aerosol-generating device; and wherein the controller causes the operation of the first heater to heat the cartridge and/or the second heater to heat the stick as taught by Batista because Bouchuiguir, Floyd, and Batista are directed to aerosol generating devices, Batista demonstrates that the provision of two independently heatable aerosol generating substrates in the form of a stick and a cartridge allows for a variety of potential substrate compositions which can be mixed according to the desires of the user (Batista, [0052], [0054]-[0063], [0076]-[0078]), Batista demonstrates that a controller can be used to cause operation of a first and/or second heater (Batista, [0052], [0168]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) and Batista (US 2024/0032590 A1) as applied to Claim 8, and further in view of Weigensberg (US 2021/0244092 A1).
Regarding Claim 9, Bouchuiguir teaches the aerosol-generating device wherein the device is determine a mode corresponding to the type of the cartridge based on the signal output by the plurality of type detection sensors ([0045]-[0053], Figs. 1-4; Vaporizer 1 is configured to detect the retraction levels of the detecting units 101 (the depth that the plunger heads 1012 (protruding portions) are pushed into the recess (inner space) below the main level of vaporizer connecting surface 120 by the protrusions 201 (feature portions) on consumable connecting surface 220). The retraction levels of the detecting units 101 correspond to a specific type of consumable container 2 (cartridge). The vaporizer may be set up or configured in a mode which corresponds to the type of the consumable container. The information coded by the consumable container surface 220 is decoded, e.g. by checking a table stored in a memory unit of the vaporizer against the result of the detection. At least some of the decoded information may be indicated to the user by adjusting the intensity of the light color emitted by the LED light 110 based on the type of consumable container 2 (e.g. Type A, Type B, Type C). It is reasonably understood that the detection units 101 must output as signal indicative of the type of consumable container 2 in order to activate the LED light 110. It is reasonably understood that the output signal is used to determine the mode corresponding to the type of the consumable container),
but does not teach the device further comprising: a memory configured to store a plurality of temperature profiles, wherein the controller is configured to: determine a mode corresponding to the type of the cartridge based on the signal output by the plurality of type detection sensors; determine a temperature profile corresponding to the determined mode from among the plurality of temperature profiles, and control a temperature of the heater based on the determined temperature profile.
Weigensberg, directed to aerosol-generating devices ([0012]-[0016], [0019], Figs. 1A-1C; Electric inhaler 100 is configured to generate an aerosol from the active substance contained within pod 200), teaches an aerosol-generating device ([0013], [0019], Figs. 1A-1C; Electric inhaler 100 and pod/capsule 200 form an aerosol generating device) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0013]-[0014], [0019], [0022], Figs. 1A-1C, 4A; Pod/capsule 200 is a cartridge comprising envelope 202 configured to accommodate a solid herb-based active substance (aerosol-generating substance). Heater 201 heats the active substance to generate an aerosol);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0013]-[0019], Figs. 1A-1C; Electronic cigarette 100 houses pod/capsule 200. Electronic cigarette 100 (housing) includes pod/capsule socket/receptacle 105 having an inner wall defining an insertion space configured to accommodate insertion of the pod/capsule 200 (cartridge) therein); and
a type detection sensor ([0054], [0073], [0077], Figs. 1A-1C; Pod/capsule 200 further comprises an indicator, such as barcode, for identification purposes. i.e. to identify at last one of: the pod/capsule type; the nature, type and amount of the herb-based filling, usage temperature profile, heater resistance at room temperature, production/expiration date, batch number, and tractability information. Inhaler 100 comprises a memory reader (type detection sensor) for reading a barcode or other type of memory on the pod/capsule 200 for identifying (detecting) the pod/capsule type),
wherein the cartridge includes a feature portion configured to be in proximity of the type detection sensor when the cartridge is inserted into the insertion space ([0054], [0073], [0077], Figs. 1A-1C; Pod/capsule 200 further comprises an indicator (feature portion), such as barcode, for identification purposes. i.e. to identify at last one of: the pod/capsule type; the nature, type and amount of the herb-based filling, usage temperature profile, heater resistance at room temperature, production/expiration date, batch number, and tractability information. When pod 200 is inserted into pod/capsule socket/receptacle 105, the memory reader (type detection sensor) of inhaler 100 is near the indicator such that the type of pod/capsule 200 may be detected), and
wherein the type detection sensor is configured to output a signal indicating the type of the cartridge indicated by the feature portion ([0054], [0073], [0077], Figs. 1A-1C; The memory reader (type detection sensor) of inhaler 100 is configured to output a signal to computer 102 indicating the type of the pod/capsule 200 (cartridge) indicated by the indicator (feature portion));
the device further comprising: a heater configured to heat the aerosol-generating substance ([0013]-[0014], [0019], [0022], Figs. 1A-1C, 4A; Pod/capsule 200 comprises heater 201 configured to heat the active substance (aerosol-generating substance) to generate an aerosol);
a controller configured to determine a mode corresponding to the type of the cartridge based on the signal output by the type detection sensor ([0054], [0073], [0077], Figs. 1A-1C; Inhaler 100 comprises a computer 102 configured to determine the type of pod, the type of filling, and the desired usage program (e.g. in terms of temperature and duration) (mode) corresponding to the type of the pod/capsule 200 (cartridge) based on the signal output by the memory reader (type detection sensor). Computer 102 behaves as a controller because it comprises a processor and a memory, and executes commands in response to the signal output by the memory reader (type detection sensor)), and
control the heater according to the determined mode from among a plurality of modes ([0077], Figs. 1A-1C; Computer 102 controls heater 201 according to the determined usage program (mode) from among a plurality of usage programs),
the device further comprising: a memory configured to store a plurality of temperature profiles ([0077], Figs. 1A-1C; Computer 102 comprises a memory configured to store a plurality of usage programs (temperature profiles)),
wherein the controller is configured to: determine a temperature profile corresponding to the determined mode from among the plurality of temperature profiles, and control a temperature of the heater based on the determined temperature profile ([0077], Figs. 1A-1C; Computer 102 is configured to determine a temperature profile corresponding to the determined usage program (mode) from among the plurality of temperature profiles, and control a temperature of heater 201 based on the determined temperature profile).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Bouchuiguir in view of Floyd and Batista further comprising: further comprising: a memory configured to store a plurality of temperature profiles, wherein the controller is configured to: determine the mode corresponding to the type of the cartridge based on the signal output by the plurality of type detection sensors; determine a temperature profile corresponding to the determined mode from among the plurality of temperature profiles, and control a temperature of the heater based on the determined temperature profile as taught by Weigensberg because Bouchuiguir, Floyd, Batista, and Weigensberg are directed to aerosol-generating devices, Bouchuiguir states that the device is configured to determine a mode corresponding to the type of the cartridge based on the signal output by the plurality of type detection sensor and control operation of the device based on the determined mode (Bouchuiguir, [0052]), Weisenberg demonstrates that a controller may be configured to determine a mode corresponding to a type of a cartridge based on a signal output by a type detection sensor (Weisenberg, [0054], [0073], [0077], Figs. 1A-1C), Weigensberg states that the temperature profile configuration ensures that the heater achieves maximum and efficient usage of the aerosol-generating substance (Weigensberg, [0077]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) as applied to Claim 1, and further in view of Zominy (US 2022/0346458 A1).
Regarding Claim 10, Bouchuiguir in view of Floyd does not teach the aerosol-generating device further comprising: a cartridge detection sensor configured to sense insertion of the cartridge; and a controller configured to determine the type of the cartridge in response to sensing the insertion of the cartridge by the cartridge detection sensor.
Zominy, directed to aerosol-generating devices ([0002]), teaches an aerosol-generating device ([0060], Figs. 1-2; Aerosol generation device 100) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0040], [0060], [0066], [0077], Figs. 1-2; Aerosol generation device 100 houses substrate carrier 114, which may be a consumable or cartridge);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0060], Figs. 1-2; Aerosol generation device 100 comprises body 118 (housing) including an inner wall defining heating chamber 108 (insertion space) configured to accommodate insertion of substrate carrier 114 (cartridge)); and
at least one type detection sensor ([0088]-[0090], [0093], Fig. 6; Aerosol generation device 100, 200 comprises consumable recognition unit 253, configured to identify the inserted consumable (cartridge) and retrieve/read data indicating nicotine level, flavor or other related properties of the consumable (type)),
a cartridge detection sensor configured to sense insertion of the cartridge ([0088]-[0090], [0093], Fig. 6; Aerosol generation device 100, 200 comprises ejection sensor 251, configured to sense insertion of the consumable (cartridge)); and
a controller configured to determine the type of the cartridge in response to sensing the insertion of the cartridge by the cartridge detection sensor ([0088]-[0090], [0093], Fig. 6; Aerosol generation device 100, 200 comprises control circuitry configured to use ejection sensor 251 (cartridge detection sensor) to sense insertion of the cartridge, then determine the type of cartridge using consumable recognition unit 253 (type detection sensor) in response).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol-generating device taught by Bouchuiguir further comprising a cartridge detection sensor configured to sense insertion of the cartridge; and a controller configured to determine the type of the cartridge in response to sensing the insertion of the cartridge by the cartridge detection sensor because Bouchuiguir, Floyd, and Zominy are directed to aerosol-generating devices, Zominy demonstrates that determining the type of cartridge in response to sensing the insertion of the cartridge is a suitable method for identifying a cartridge inserted into an insertion space (Zominy, [0093]) and this involves combining prior art elements according to known methods to yield predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) as applied to Claim 1, and further in view of Phillips (US 2022/0183355 A1).
Regarding Claim 11, Bouchuiguir in view of Floyd does not teach the aerosol-generating device wherein the cartridge includes at least one guide slit formed at least one outer surface of the cartridge along a direction in which the cartridge is inserted, wherein the housing includes at least one inner peripheral protrusion formed at the inner wall and configured to be inserted along the at least one guide slit when the cartridge is inserted.
Phillips, directed to aerosol-generating devices ([0001], [0023]; The vaporizer comprises a heating element configured to aerosolize a liquid, and therefore, the vaporizer is an aerosol generating device), teaches an aerosol-generating device ([0023], [0025], Figs. 1A-1D; Vaporizer system 1000) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0023], [0025], Figs. 1A-1D; Vaporizer system 1000 comprises a vaporizer cartridge 100);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0023], [0025], Figs. 1A-1D; Vaporizer system 1000 comprises a cartridge receiving unit 200 (housing) including an inner wall defining an insertion space configured to accommodate insertion of vaporizer cartridge 100 therein),
wherein the cartridge includes at least one guide slit formed at least one outer surface of the cartridge along a direction in which the cartridge is inserted ([0023], [0025], [0027], [0030], [0056], Figs. 1A, 2, 15A-15B; Vaporizer cartridge 100 includes parallel slide grooves 117 (at least one guide slit) formed at least one outer surface of the vaporizer cartridge 100 along a direction in which the vaporizer cartridge 100 is inserted),
wherein the housing includes at least one inner peripheral protrusion formed at the inner wall and configured to be inserted along the at least one guide slit when the cartridge is inserted ([0023], [0025], [0027], [0030], [0056], Figs. 1A, 2, 15A-15B; Cartridge receiving unit 200 (housing) includes a pair of guide rail extensions 214 (at least one inner peripheral protrusion) formed at the inner wall and configured to be inserted along the at parallel slide grooves 117 (at least one guide slit) when the vaporizer cartridge 100 is inserted).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Bouchuiguir wherein the cartridge includes at least one guide slit formed at least one outer surface of the cartridge along a direction in which the cartridge is inserted, wherein the housing includes at least one inner peripheral protrusion formed at the inner wall and configured to be inserted along the at least one guide slit when the cartridge is inserted as taught by Phillips because Bouchuiguir, Floyd, and Phillips are directed to aerosol generating devices, Phillips demonstrates that the guide slit and the peripheral protrusion cooperate to secure the position of the cartridge within the insertion space of the housing (Phillips, [0030], [0056]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir (US 2024/0023607 A1) in view of Floyd (US 2020/0077708 A1) and Woods (US 2022/0046985 A1).
Regarding Claim 12, Bouchuiguir, directed to aerosol-generating devices ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3 is a device for the generation of an aerosol), teaches an aerosol-generating device ([0038]-[0039], Figs. 1a-1c; Electronic cigarette 3) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0038]-[0039], Figs. 1a-1c, 2a; Electronic cigarette 3 comprises consumable container 2 (cartridge). Consumable container 2 comprises an e-liquid chamber 204 housing a vaporizing e-liquid. The e-liquid is a substance which generates an aerosol upon heating);
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0038]-[0039], [0044], Figs. 1a-1c, 2b; Electronic cigarette 3 comprises vaporizer main body 1 defining a housing for consumable container 2. Vaporizer main body 1 includes an inner wall which defines a container seating (insertion space) as shown in Fig. 2b, configured to accommodate insertion of consumable container 2 therein); and
a plurality of type detection sensors ([0045]-[0046], [0051]-[0052], Fig. 2b-2c, 4a-4b; Vaporizer main body 1 comprises one or more detecting units 101 provided on second vaporizer connecting surface 120. The detecting units 101 comprise a resilient member connected with a sensor. The detecting units 101 detect a type of consumable container 2 (cartridge) inserted into container seating (insertion space)),
wherein the cartridge includes a plurality of feature portions comprising recessed regions at an outer surface of the cartridge that is configured to contact the plurality of type detection sensors when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 4a, 4b; Consumable container 2 (cartridge) includes multiple indentations or protrusions 201 (feature portion) provided on second consumable container connecting surface 220 (outer surface of the cartridge). The indentations 201 are recessed regions. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120),
wherein respective sizes of the plurality of feature portions correspond to a type of the cartridge ([0042], [0051]-[0052], Fig. 1c, 4a, 4b; The respective sizes of the multiple indentations or protrusions 201 (feature portions) correspond to a type of consumable container 2 (cartridge)), and
wherein the plurality of type detection sensors comprises protruding portions corresponding to the plurality of feature portions ([0045]-[0046], [0049], Fig. 2b-2c, 3a-3e; Each of the detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion) which protrudes from second vaporizer connecting surface 120 to a predetermined height at a position corresponding to the multiple indentations or protrusions 201 (feature portions)) and
protruding from an inner space ([0047], [0049], Fig. 3a; The detecting units 101 (type detection sensors) may be located within a recess (inner space) under the main level of vaporizer connecting surface 120. Fig. 3a shows an exemplary arrangement wherein barrel 1011, spring 1014 and pressure sensor 1015 of detecting unit 101 is arranged within a recess under the main level of vaporizer connecting surface 120, while the plunger head 1012 (protruding portion) protrudes out from the vaporizer connecting surface 120),
wherein the plurality of protruding portions each comprise a contact portion configured to be pushed into the inner space to a particular depth based on force applied by the plurality of feature portions when the cartridge is inserted into the insertion space ([0045]-[0053], Fig. 2b, 3a, 4a, 4b; When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. The protrusions 201 (feature portions) may push the plunger heads 1012 (protruding portion) into the respective recesses to a particular depth based on force applied by the protrusions 201 (feature portion). The portion of plunger heads 1012 (protruding portion) which contacts protrusions 201 is the contact portion),
wherein the plurality of type detection sensors is configured to output a signal based on corresponding to the particular depths that the each of the protruding portions is pushed into the inner space by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; The one or more detecting units 101 provided on second vaporizer connecting surface 120 located adjacent to the container seating (insertion space) as shown in Fig. 2b. When consumable container 2 is inserted into the container seating of vaporizer main body 1, the multiple indentations or protrusions 201 on second consumable container connecting surface 220 contact the detecting units 101 on second vaporizer connecting surface 120. Vaporizer 1 is configured to detect the retraction levels of the detecting units 101 (the depth that the plunger head 1012 (protruding portion) is pushed into the recess (inner space) below the main level of vaporizer connecting surface 120 by the protrusions 201 (feature portions) on consumable connecting surface 220). The information coded by the consumable container surface 220 is decoded, e.g. by checking a table stored in a memory unit of the vaporizer against the result of the detection. At least some of the decoded information may be indicated to the user by adjusting the intensity of the light color emitted by the LED light 110 based on the type of consumable container 2 (e.g. Type A, Type B, Type C). It is reasonably understood that the detection units 101 must output as signal indicative of the type of consumable container 2 in order to activate the LED light 110),
wherein cross-sectional shapes of the protruding portions respectively correspond to cross-sectional shapes of the recessed regions of the plurality of feature portions such that the each of the protruding portions is at least partially accommodated in the plurality of recessed regions when the cartridge is inserted into the insertion space ([0042]-[0043], [0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a; The detecting units 101 (type detection sensors) may include a plunger head 1012 (protruding portion). The cross-sectional shape of the plunger heads 1012 (protruding portions) is circular. The cross-sectional shape of the multiple indentations 201 (recessed regions of the feature portions) is also circular. Therefore, the cross-sectional shape of the plunger heads 1012 (protruding portions) corresponds to the cross-sectional shapes of the multiple indentations 201 (recessed regions of the feature portions) such that the plunger heads 1012 of detecting units 101 are insertable into the multiple indentations 201 when consumable container 2 (cartridge) is inserted into container seating (insertion space)),
but does not explicitly teach the aerosol-generating device i) wherein the plurality of type detection sensors protrudes into the insertion space from the inner space; and ii) wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions, and iii) wherein surfaces of each of the contact portions of the plurality of feature portions are flat and are configured to respectively contact flat surfaces of the plurality of feature portions when the protruding portions are pushed into the inner space by the plurality of feature portions.
With respect to i), Floyd, directed to aerosol-generating devices ([0009], An electronic vaporizing device is an aerosol generating device), teaches an aerosol-generating device ([0038], Fig. 1; Vaporizer 100) comprising:
a cartridge configured to accommodate an aerosol-generating substance ([0038], Fig. 1; Vaporizer 100 comprises cartridge module 110 configured to accommodate a vaporizer liquid (aerosol-generating substance));
a housing including an inner wall defining an insertion space configured to accommodate insertion of the cartridge therein ([0038]-[0040], Fig. 1-3; Vaporizer 100 comprises a vaporizer housing 136 which houses cartridge module 110 within cartridge port 140. Cartridge port 140 includes an inner wall defining an insertion space configured to accommodate insertion of the cartridge module 110 therein); and
a type detection sensor ([0038]-[0041], Fig. 1-3; Patch sensor 156 is provided on the inner wall of cartridge port 140. Patch sensor 156 is configured to contact code patch 154 of cartridge module 110 to detect the identity of cartridge module 110),
wherein the cartridge includes a feature portion configured to contact the type detection sensor when the cartridge is inserted into the insertion space ([0038]-[0041], Fig. 1-3; Cartridge module 110 includes code patch 154 (feature portion) configured to contact the patch sensor (type detection sensor) wherein cartridge module 110 is inserted into the cartridge port 140 which defines the insertion space), and
wherein the type detection sensor is provided on the inner wall protruding into the insertion space ([0038]-[0041], Fig. 1-3; Patch sensor 156 is provided on the inner wall of cartridge port 140 protruding into the insertion space defined by cartridge port 140).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the plurality of type detection sensors taught by Bouchuiguir on an inner wall of the housing as taught by Floyd such that the plurality of protruding portions protrude into the insertion space from the inner space because Bouchuiguir and Floyd are directed to aerosol-generating devices, Floyd demonstrates that the inner wall of a housing is a suitable location for a type detection sensor ([0038]-[0041], Fig. 1-3), and this involves moving type detection sensors from one location to another to yield predictable results.
With respect to ii), Bouchuiguir discloses an additional configuration wherein at least two of the protruding portions of the plurality of type detection sensors protrude to be positioned at different heights prior to being pushed by the plurality of feature portions ([0045]-[0053], Fig. 1c, 2b, 3a-3e, 4a-4b; Annotated Fig. 4b shows a configuration comprising a first detecting unit 101 in a fully retracted position, a second detecting unit 101 in a half-way retracted position, and a third and fourth detecting unit 101 which have not been depressed by a protrusion 201 (feature portion). As shown in annotated Fig. 4b below, a red horizontal line parallel to the container connecting surface 220 has been drawn to show that plunger heads 1012 (protruding portions) of the third and fourth detecting units 101 (type detection sensors) protrude to be positioned at different heights prior to being depressed by the plurality of protrusions 201 (feature portions)).
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As Bouchiguir demonstrates that a person skilled in the art may combine some of the parts of different embodiments to single units (Bouchuiguir, [0038]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device wherein each of the protruding portions of the plurality of type detection sensors protrude into the insertion space to be positioned at different heights prior to being pushed into the inner space by the plurality of feature portions because this would solely involve combining elements from different embodiments of the same invention.
With respect to iii), Woods, directed to aerosol generating devices ([0001]-[0006]), teaches an aerosol-generating device ([0193], Fig. 1; Vaporization device 600 (aerosol-generating device)) comprising:
a cartridge ([0193]-[0200], Fig. 1; Vaporization device 600 includes a cap 602, a primary and chamber 604, which cooperate to form a cartridge);
a base ([0193]-[0200], Fig. 1; Vaporization device 600 includes a base 606); and
a plurality of type detection sensors ([0261], FIG. 23 illustrates an engagement structure 2300 and a complementary engagement structure 2302. [0262], Fig. 6; Engagement structure 2300 could be provided on the primary chamber 604, at the point where the primary chamber 604 contacts and/or engages with the base 606. [0264]-[0268], The engagement structure 2300 includes notches 2304 and 2306, and the complementary engagement structure 2302 includes at least one protrusion 2308 (type detection sensors). The protrusion 2308 could include a conductive pin and the notches 2304 and 2306 could include contacts, for example, to provide for detection of an installed chamber or cartridge and/or an installed chamber or cartridge type),
wherein the cartridge includes a plurality of feature portions configured to contact the plurality of type detection sensors when the cartridge connected to the base ([0262], Fig. 6; Engagement structure 2300 could be provided on the primary chamber 604, at the point where the primary chamber 604 (cartridge) contacts with the base 606. [0264]-[0268], Fig. 23; The engagement structure 2300 includes notches 2304 and 2306 (type detection sensor), and the complementary engagement structure 2302 includes at least one protrusion 2308 (feature portions). The protrusion 2308 could include a conductive pin and the notches 2304 and 2306 could include contacts, for example, to provide for detection of an installed chamber or cartridge and/or an installed chamber or cartridge type), and
wherein the plurality of feature portions comprises protruding portions and the plurality of type detection sensors comprises recessed regions corresponding to the plurality of feature portions, wherein cross-sectional shapes of the protruding portions respectively correspond to cross-sectional shapes of the recessed regions such that each of the protruding portions is at least partially accommodated in the plurality of recessed regions when the cartridge is connected with the base ([0264]-[0268], Fig. 23; The notches 2304 and 2306 (type detection sensors) comprise recessed regions, and protrusions 2308 (feature portions) comprise protruding portions. The cross sectional shapes of protrusions 2308 correspond to the cross sectional shapes of notches 2304/2306 protrusions 2308 are accommodated within the notches 2304/2306 when primary chamber 604 (cartridge) contacts with the base 606),
wherein the protruding portions each comprise a contact portion ([0264]-[0268], Fig. 23; The portion of protrusions 2308 which contacts the inside of the notch 2304 or 2306 is the contact portion) and
wherein surfaces of each of the contact portions of the plurality of feature portions are flat and are configured to respectively contact flat surfaces of the plurality of feature portions ([0264]-[0268], Fig. 23; Flat surfaces of notches 2304 and 2306 (type detection sensors) are configured to contact the flat contact portions at the ends of protrusions 2308 (feature portions)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Bouchuiguir in view of Floyd wherein surfaces of each of the contact portions of the plurality of protruding portions are flat and are configured to respectively contact flat surfaces of the plurality of feature portions because the modification would only require a change of shape of the contact portions and feature portions of Bouchiguir, and changing the shape of the contact/feature portions from rounded to flat constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755