DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is an office action in response to Applicant's arguments and remarks filed on 2/12/2026. Claims 1-6 and 8-22 are pending in the application and are being examined herein.
Status of Objections and Rejections
The rejection of claim 7 is obviated by Applicant's cancellation.
All rejections from the previous office action are withdrawn in view of Applicant's amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6, 10-13, 15-16, 18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 20150201676), hereinafter Shin ‘676, in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1).
Regarding claim 1, Shin ‘676 teaches a sterilization system for an aerosol-generating device (Fig. 3, charging device 1 has a sterilizing element [0037] for sterilizing electronic cigarette 2), the sterilization system comprising:
a charging station configured to receive the aerosol-generating device (Fig. 3, charging device 1 comprises main body 11 = charging station configured to receive electronic cigarette and provide power to electronic cigarette battery [0037-0039]); and
a sterilization device (Fig. 4, cap 12) comprising, a first end with a central portion, a periphery surrounding the central portion, and a first surface (Fig. 4, interior of cap = a first surface), and an enclosure extending from the periphery of the first end (Fig. 4, cap 12 has a first end with a central portion [top], and a periphery surrounding the central portion [laterally extends from top], therefore enclosure is understood to include first receiving space 1111 and receiving space P),
wherein the sterilization device is configured to couple to the charging station to define an area, an entire exterior of the aerosol-generating device is disposed within the area when the aerosol-generating device has been received by the charging station (cap 12 configured to couple to main body 11 and define an enclosed area that surrounds entire electronic cigarette 2, Fig. 8; Fig. 5, first receiving chamber 1111 surrounds entire electronic cigarette), and sterilize an exterior of the aerosol-generating device when the at least one UV member is actuated [0048-0050].
Shin ‘676 teaches wherein the device comprises at least one UV member (cap 12 = comprises sterilization lamp 122 = which can emit UV rays [0048-0049]), but does not teach wherein the sterilization device comprises a plurality of UV diodes, the plurality of UV diodes are configured to sterilize the entire exterior of the aerosol-generating device when the aerosol-generating device has been received by the charging station, and the plurality of UV diodes are actuated by directing UV light from the first surface towards the charging station.
Dai teaches a sterilizing device for an electronic cigarette (understood to be an aerosol-generating device) comprising a cover body (1), a top (11), and a sterilizing component (3), wherein the sterilizing component is set in the top of the cover body (page 4, para 1; Fig. 1). Dai further discloses wherein the sterilizing component comprises a light emitting unit (3)2, which comprises at least three UV LED lasers (LED known in the art to be acronym for light emitting diode) configured to irradiate within the 200-280 nm spectrum (known in the art to be to be UV-C radiation, page 4, paras 2-10) and kill bacteria on an electronic cigarette nozzle (page 3, para 4).
Shin ’676 and Dai are considered analogous to the claimed invention since both are drawn to sterilization apparatuses for aerosol-generating devices. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sterilizing lamp (122) as disclosed by Shin ‘676 to include the plurality of UV LED lasers as disclosed by Dai to effectively sterilize the aerosol-generating device since Dai teaches the three LED lasers to ensure uniform sterilization to up to 99.9% (page 4, para 10 and 13) and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Accordingly, Modified Shin ‘676 teaches wherein the sterilization device comprises a plurality of UV diodes disposed on the first surface (Dai, page 4, paras 7-9, light emitting circuit comprises at least three UV LED lasers = plurality of UV diodes), wherein the plurality of UV diodes are configured to sterilize an exterior of the aerosol generating device when the aerosol-generating device has been received by the charging station and the plurality of UV diodes are actuated by directly the UV light from the first surface towards the charging station (Shin ‘676, [0039]; Dai, plurality of UV LED can cover 120 degrees each and are distributed on a first surface of the sterilization cover to ensure omnidirectional sterilization of aerosol-generating device tip, page 4, para 10 = understood to direct light towards the charging station).
However, Modified Shin ‘676 does not teach wherein the plurality of UV diodes are configured to sterilize the entire exterior of the aerosol-generating device. One having ordinary skill in the art would be concerned with sterilizing the entire aerosol generating device and preventing the transmission of pathogens from the exterior of the e-cigarette to the enclosed space, motivating one to turn towards Gatto. Gatto teaches a reusable straw and a sterilizing case for said straw [abstract] wherein the case (Fig. 8, 800) comprises a UV light (804) and an internal straw holder (802) wherein the entire holder may be reflective (col 11, lines 48-55) to reflect UV light over the entire exterior surface of the straw (col 5, lines 34-41).
Gatto is considered analogous to the claimed invention since both are drawn to sterilization devices. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the first receiving chamber as taught by Modified Shin ‘676 (Shin ‘676, Fig. 1, 1111) to include the UV light and reflective lining as taught by Gatto since Gatto teaches the two components to effectively sterilize the entire exterior of a cylindrical component housed within a chamber (col 5, lines 34-41) and this involves the combination of elements (the first receiving chamber of Modified Shin ‘676 and the reflective lining and UV light of Gatto) to yield a predictable result (sterilizing the entire exterior of the aerosol generating device with UV light) with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Regarding claim 2, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the enclosure is configured to couple to the charging station (Shin ‘676, Fig. 4, cap 12 has enclosure extending downwardly from periphery and configured to couple to main body 11 [0047]).
Regarding claim 3, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the first end of the sterilization device comprises a second surface opposite the first surface (Shin, ‘676, Figures 4 and 6, cap 12 has first end with a first surface with at least one UV diode 122 [interior] and a second surface opposite the first surface [exterior]).
Regarding claim 4, Modified Shin ‘676 teaches the sterilization system of claim 3, wherein the plurality of UV diodes are directed away from the second surface of the sterilization device (Shin ‘676, Fig. 6, UV diode 122 directed away from second surface towards electronic cigarette 2 [0049]).
Regarding claim 6, Modified Shin ‘676 teaches the sterilization system of claim 3, wherein the plurality of UV diodes are arranged to direct the UV light to the entire exterior of the aerosol-generating device (Dai, plurality of UV LED can cover 120 degrees each and are distributed on sterilization cover to ensure omnidirectional sterilization = understood to contact entire exterior of aerosol-generating device, page 4, para 10; Shin ‘676 teaches reflective layer on the inner side of cap 12 to reflect ultraviolet rays from lamp = understood to sterilize entire top exterior of electronic cigarette 2 [0049], Gatto, (col 5, lines 34-41) = UV light and reflective lining in receiving space 1111 sterilizes entire exterior of electronic cigarette body).
Regarding claim 10, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the plurality of UV diodes is actuated when the aerosol-generating device is received by the charging station and when the sterilization device is coupled to the charging station (Shin ‘676, cap 12 has receiving terminal 121 that electrically couples to power source terminal 1141 on body 11. When the terminals and power source are coupled, sterilization device 112 activates [0047-0048]).
Regarding claim 11, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the plurality of UV diodes is turned off if the sterilization device is decoupled from the charging station (Shin ‘676, electrical connection between cap 12 terminal 121 and power source terminal 1141 on body 11 electrically powers sterilization device = understood to deactivate if decoupled [0047-0048]).
Regarding claim 12, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the charging station comprises a communication screen (Shin ‘676, LED display unit 133 [0050, 0053] can indicate charging state of e-cigarette).
Regarding claim 13, Modified Shin ‘676 teaches the sterilization system of claim 12, wherein the communication screen is configured to output information related to a charge status of the aerosol-generating device (Shin ‘676, LED display unit 133 [0050, 0053] can indicate charging state of e-cigarette).
Regarding claim 15, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the sterilization device is communicatively coupled to the charging station (Shin ‘676, cap 12 has receiving terminal 121 that electrically couples to power source terminal 1141 on body 11. When the terminals and power source are coupled, sterilization device 112 activates [0047-0048] = communicatively coupled).
Regarding claim 16, Modified Shin ‘676 teaches the sterilization system of claim 15, wherein the sterilization device is communicatively coupled to the charging station at a contact point, (Shin ‘676, cap 12 has receiving terminal 121 that electrically couples to power source terminal 1141 on body 11 such that when the terminal and power source are coupled, sterilization device 112 activates [0047-0048] = communicatively coupled), the contact point configured to be communicatively coupled to the plurality of UV diodes (Shin ‘676, [0047-0048]; Dai, page 4, paras 2-10).
Regarding claim 18, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the plurality of UV diodes comprises UV-C diodes (Dai, light emitting unit 32 comprises at least three UV LED lasers [known in the art to be acronym for light emitting diode] configured to irradiate within the 200-280 nm spectrum [known in the art to be to be UV-C radiation] = UV LEDs are understood to be UV-C diodes, page 4, paras 2-10).
Regarding claim 20, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the plurality of UV diodes are configured to emit the UV light in a wavelength range of 100 nanometers to 280 nanometers (Dai, light emitting unit 32 comprises at least three UV LED lasers [known in the art to be acronym for light emitting diode] configured to irradiate within the 200-280 nm spectrum [known in the art to be to be UV-C radiation], 200-280 nm is within 100-280 nm range, page 4, paras 2-10).
Regarding claim 21, Modified Shin ‘676 teaches the sterilization system of claim 1, wherein the plurality of UV diodes are configured to surround the aerosol-generating device when the aerosol-generating device has been received by the charging station (Dai, plurality of UV LED can cover 120 degrees each and are distributed on sterilization cover to ensure omnidirectional sterilization = understood to contact entire exterior of aerosol-generating device, page 4, para 10; Shin ‘676 teaches reflective layer on the inner side of cap 12 to reflect ultraviolet rays from lamp = understood to sterilize entire top exterior of electronic cigarette 2 [0049], Gatto, (col 5, lines 34-41) = UV light and reflective lining in receiving space 1111 sterilizes entire exterior of electronic cigarette body).
Claim(s) 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Shin ‘676 (US 20150201676) in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 1, and further in view of Young (US 20220144670).
Regarding claim 5, Modified Shin ‘676 teaches the sterilization system of claim 3, comprising a plurality of UV diodes (Dai, page 4, paras 7-9, light emitting circuit comprises at least three UV LED lasers = plurality of UV diodes, see claim 1 rejection).
Modified Shin ‘036 does not teach wherein the UV diodes are arranged in a circle on the first surface of the first end of the sterilization device. One having ordinary skill in the art would be concerned with the optimal arrangement of the UV diodes in order to optimize coverage of the aerosol-generating device with UV light, motivating one to look towards Young.
Young teaches a handheld container sanitizing device configured with a sanitizing light to kill biological contaminants (abstract) wherein the sanitizing light (112) may be an LED diode configured to emit UV light within 200-400 nm (known in the art to be within a UV-C range of 100-280 nm, para 0036). Young further discloses wherein the sanitizing light may be formed in a ring configuration (ring light) wherein a plurality of emitters 508 (understood to LED emitters) may be arranged in a circular fashion (para 0070, Fig. 5C).
Modified Shin ‘676 and Young are considered analogous to the claimed invention since all are drawn to the ultraviolet sterilization arts. One would also recognize the UV-C LED emitters as disclosed by Young as equivalent structures to the UV-C LEDs as disclosed by Modified Shin ‘036 (Dai, page 4, paras 2-10) performing equivalent functions (sterilizing objects with UV-C light) with a difference being the arrangement of the LEDs.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to rearrange the plurality of UV LED diodes arranged on the first surface of the first end of the sterilization device as taught by Shin ‘676 to be arranged in a circular fashion as exemplified by Young to ensure uniform sterilization of the electronic cigarette (Shin ‘676, Fig. 1, 2) as this modification would not affect the functionality of the sterilization device, and this involves the rearrangement of parts which has already been found to be obvious. See MPEP 2144.04 (VI)(C).
Regarding claim 19, Modified Shin ‘676 teaches the sterilization system of claim 1, comprising at least one UV diode (Dai, page 4, paras 7-9).
Modified Shin ‘676 does not teach wherein the plurality of UV diodes comprises a UV-C light ring diode.
Young teaches a handheld container sanitizing device configured with a sanitizing light to kill biological contaminants (abstract) wherein the sanitizing light (112) may be an LED diode configured to emit UV light within 200-400 nm (known in the art to be within a UV-C range of 100-280 nm, para 0036). Young further discloses wherein the sanitizing light may be formed in a ring configuration (ring light) wherein a plurality of emitters 508 (understood to LED emitters) may be arranged in a circular fashion (para 0070, Fig. 5C).
One having ordinary skill in the art would recognize Modified Shin ‘676 and Young as analogous to the claimed invention since all are drawn to the ultraviolet sterilization arts. One would also recognize the UV-C LED emitters as disclosed by Young as equivalent structures to the UV-C LEDs as disclosed by Modified Shin ‘676 (Dai, page 4, paras 2-10) performing equivalent functions (sterilizing objects with UV-C light) with a difference being the shape of the diode.
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the UV-C LEDs as disclosed by Modified Shin ‘676 to be ring shaped as exemplified by the UV-C LEDs of Young to uniformly deliver UV-C to the aerosol-sterilizing device as this modification would not affect the functionality of the sterilization device, and this involves a change of shape which has already been found to be obvious. See MPEP 2144.04 (IV)(B).
Claim 8 is rejected 35 U.S.C. 103 as being unpatentable over Shin ‘676 (US 20150201676) in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 1 above, further in view of Shin (US 20250082036), hereinafter Shin ‘036.
Regarding claim 8, Modified Shin ‘676 teaches the sterilization system of claim 1, but does not teach wherein the enclosure comprises at least one magnet configured to couple to at least one magnet of the charging station.
Shin ‘036 teaches a sterilizing and charging system for an electric cigarette comprising a magnet portion on charging station body (Fig. 4, body 10 has magnet portion 17) in contact with magnet 53 on a cover 50 (Fig. 8, para 0094) to prevent unintentional separation of the cover and the body [0021].
Modified Shin ‘676 and Shin ‘036 are considered to be analogous to the claimed invention since both are drawn to sterilization and charging apparatuses for aerosol-generating devices. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the enclosure and charging station as taught by Shin ‘676 to include the magnets as taught by Shin ‘036 since Shin ‘036 teaches the magnets to prevent unintentional separation of the cover and the body [0021] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shin ‘676 (US 20150201676) in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 8, and further in view of Novak, III (US 20210000177).
Regarding claim 9, Modified Shin ‘676 teaches the sterilization system of claim 8, wherein the enclosure comprises at least one magnet configured to couple to at least one magnet of the charging station (Shin ‘036, magnet portion 17 on charging station 10, [Fig. 4] is contacting with magnet 53 on enclosure extending from cover 50 [Fig. 8], para 0094).
Modified Shin ‘676 does not teach wherein the at least one magnet of the enclosure and the at least one magnet of the charging station comprise neodymium magnets. One having ordinary skill in the art would contemplate how to optimize the strength of the magnets as disclosed by Shin ‘676 and be motivated to turn towards Novak, III.
Novak, III teaches an aerosol delivery device including magnetic connectors for forming electrical and mechanical connections between interchangeable units in said devices (abstract, para 0084, 107). Novak further discloses wherein the magnets may comprise different grades of neodymium magnets (para 0119).
Accordingly, the prior art references teach all of the claimed elements, and the combination of the known elements (the magnets of Shin ‘036 and the neodymium magnets of Novak, III) could be achieved by a known method (adhering magnets with adhesive).
Furthermore, all the claimed elements would continue to operate in the same manner. Specifically, one having ordinary skill in the art would recognize the magnets as disclosed by Shin ‘676 (Shin ‘036, 17 and 53, Figs. 4 and 8) and the neodymium magnets as disclosed by Novak, III (para 0119) as capable of performing the same functions separately as they would together, since both are intended to mechanically connecting components in an aerosol-generating device assembly (Novak, III, para 0107, Shin ‘036, para 0094); See MPEP 2144.06 (I).
One having ordinary skill in the art would recognize Modified Shin ‘676 and Novak, III to be analogous as both are drawn to devices classified under the aerosol-generating arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to combine the coupling magnets as disclosed by Modified Shin ‘676 with the neodymium magnets as disclosed by Novak, III to improve the strength of magnetic attraction between the sterilization device and the charging station since this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPP 2144.06 & MPEP 2143(I)(A).
Further, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to select neodymium as the material comprising the magnets disclosed by Modified Shin ‘676 (Shin ‘036, magnets 17 and 53, Figs. 4 and 8) since this involves the selection of a known material suitable for a similar intended purpose which has already been found to be obvious. See MPEP 2144.07.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shin ‘676 (US 20150201676) in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 12, and further in view of Xiang (US 20140291179).
Regarding claim 14, Modified Shin ‘676 teaches the sterilization system of claim 12, including a communication screen configured to output information related to a charge status of the aerosol-generating device (Shin ‘676, Fig. 4, para 0050, 0053, display unit 133 can indicate a charging state of an e-cigarette).
Modified Shin ‘676 does not teach wherein the communication screen is configured to output information related to a sterilization status of the aerosol-generating device. One having ordinary skill in the art would be concerned with determining a sterilization status of the aerosol-generating device while it is contained within the sterilization system, motivating one to turn towards Xiang.
Xiang teaches an electronic cigarette (understood to be an aerosol-generating device) case with a charging module (102) and sterilization module 107 (para 0033-0036), wherein the charging module has a controller (106) connected to a display module 104 (Fig. 4, para 0053). Xiang further discloses wherein a display interface 22 is in communication with the display module and a sterilization device (para 0053) wherein the display can display a sterilizing status (para 0056).
Modified Shin ‘676 and Xiang are considered analogous to the claimed invention since both are drawn to devices for sterilizing and charging aerosol-generating devices. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the communication screen as disclosed by Modified Shin ‘676 with the display module as disclosed by Xiang since Xiang teaches the display unit to indicate a sterilization status of an aerosol-generating device (para 0053, 0056) and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shin ‘676 (US 20150201676) in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 1, and further in view of McGill (US 20220023462).
Regarding claim 17, Modified Shin ‘676 discloses the sterilization system of claim 1, including a sterilization device (Shin ‘676, Fig. 3, cap 12).
Modified Shin ‘676 does not teach wherein the sterilization device comprises a plastic UV filter. One having ordinary skill in the art would be concerned with UV light escaping from the sterilization device and inadvertently harming the user of said device, motivating one to look towards McGill.
McGill teaches a sterilization system and method for sterilizing an oral appliance, comprising a sterilization case body for housing the oral appliance, and a UV light for sterilizing said appliance (abstract). McGill further teaches the sterilization case 10 may be made of a translucent piece of plastic that prevents UV light from escaping the case (para 0022).
Modified Shin ‘676 and McGill are considered analogous to the claimed invention since all are drawn to the ultraviolet sterilization arts. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the material of the sterilization device as disclosed by Modified Shin ‘676 to include the translucent plastic as disclosed by McGill to prevent UV light from escaping the sterilization system since McGill teaches the plastic material to block/absorb frequencies of UV light from escaping the case (para 0022) and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 20150201676), hereinafter Shin ‘676, in view of Dai (CN 213281498) and Gatto et al. (US 11147891 B1), as applied to claim 1 above, further in view of Kwon (KR 20210021708 A) (references herein made with respect to English Machine Translation).
Regarding claim 22, Modified Shin ‘676 teaches the sterilization system of claim 1 (Shin ‘676, Fig. 4, cap 12), but does not teach wherein the sterilization device is transparent.
One having ordinary skill in the art would be concerned with determining if the ultraviolet lights within the sterilization device are operating without disrupting operations, motivating one to turn towards Kwon. Kwon teaches an apparatus for sterilize an aerosol-generating device (abstract) wherein the device comprises a cover (Fig. 9, 200) with a transparent window located therein, with the transparent window is formed such that a user can determine if an ultraviolet lamp (Fig. 9, 150) located within the device is operating (page 4, para 4).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sterilization device as taught by Modified Shin ‘676 to include the transparent window as taught by Kwon because Kwon teaches the window to allow a user to determine if an ultraviolet lamp is operating within an aerosol-generating device sterilizer while it is operating (page 4, para 4) and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Response to Arguments
In the arguments presented on pages 5-6 amendment, filed 2/12/2026, the Applicant argues that Dai does not teach a plurality of UV diodes disposed on a first surface of a first end with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that claim 1 does not recite wherein the plurality of light emitting diodes are located on a first surface of a first end of a sterilization device, as alleged by the Applicant. Claim 1 recites “a sterilization device comprising, a first end with a central portion, a periphery surrounding the central portion, and a first surface, a plurality of UV diodes disposed on the first surface.” Under broadest reasonable interpretation, one having ordinary skill in the art would recognize that the plurality of UV diodes as taught by Modified Shin ‘676 are disposed on a first surface as recited in claim 1. However, the rejection has been withdrawn in light of the amendments. Upon further consideration, a new ground(s) of rejection is made in view of the art Shin ‘676, Dai, and Gatto. See rejection above.
In the arguments presented on page 6 of the amendment, filed 2/12/2026, the Applicant argues that Modified Shin ‘676 does not teach a sterilization device that is configured to couple to a charging station to define an area configured to receive UV light from the plurality of UV diodes with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that the sterilization device (Fig. 4, cap 12) is configured to couple to a charging station (Fig. 3, main body 11) and define an enclosed area that surrounds entire electronic cigarette (Fig. 5, first receiving chamber 1111 = enclosed area that surrounds entire electronic cigarette 2), wherein the enclosed area is configured to receive UV light from the plurality of UV diodes (Dai, plurality of UV LED can cover 120 degrees each and are distributed on sterilization cover to ensure omnidirectional sterilization = understood to contact entire exterior of aerosol-generating device, page 4, para 10; Shin ‘676 teaches reflective layer on the inner side of cap 12 to reflect ultraviolet rays from lamp = understood to sterilize entire top exterior of electronic cigarette 2 [0049], Gatto, (col 5, lines 34-41) = UV light and reflective lining in receiving space 1111 sterilizes entire exterior of electronic cigarette body).
However, the rejection has been withdrawn in light of the amendments. Upon further consideration, a new ground(s) of rejection is made in view of the art Shin ‘676, Dai, and Gatto. See rejection above.
In the arguments presented on page 6 of the amendment, filed 2/12/2026, the Applicant argues that Modified Shin ‘676 does not teach wherein the plurality of UV diodes is configured to sterilize an [entire] exterior of the aerosol-generating device with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that the sterilization device (Fig. 4, cap 12) is configured to couple to a charging station (Fig. 3, main body 11) and define an enclosed area that surrounds entire electronic cigarette (Fig. 5, first receiving chamber 1111 = enclosed area that surrounds entire electronic cigarette 2), wherein the enclosed area is configured to receive UV light from the plurality of UV diodes (Dai, plurality of UV LED can cover 120 degrees each and are distributed on sterilization cover to ensure omnidirectional sterilization = understood to contact entire exterior of aerosol-generating device, page 4, para 10; Shin ‘676 teaches reflective layer on the inner side of cap 12 to reflect ultraviolet rays from lamp = understood to sterilize entire top exterior of electronic cigarette 2 [0049], Gatto, (col 5, lines 34-41) = UV light and reflective lining in receiving space 1111 sterilizes entire exterior of electronic cigarette body).
However, the rejection has been withdrawn in light of the amendments. Upon further consideration, a new ground(s) of rejection is made in view of the art Shin ‘676, Dai, and Gatto. See rejection above.
In the arguments presented on pages 6-7 of the amendment, filed 2/12/2026, the Applicant argues that the sterilizing case of Gatto is structurally different from the system of Modified Shin and that the combination of both would not yield a sterilization device “configured to couple to the charging station to define an area configured to receive UV light from the plurality of UV diodes” or wherein “an entire exterior of the aerosol-generating device is disposed within the area when the aerosol-generating device has been received by the charging station” with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103.
This argument has been fully considered and is unpersuasive. The Examiner respectfully asserts that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
However, the rejection has been withdrawn in light of the amendments. Upon further consideration, a new ground(s) of rejection is made in view of the art Shin ‘676, Dai, and Gatto. See rejection above.
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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/N.S.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Prosecution Insights