DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-8, 10-12, 16-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Newton (US 8499766B1).
Newton discloses in reference to claim:
An aerosol generation device 2 having a housing 10/6/8 and an illumination unit 32 capable of emitting light and covered by an exterior wall of the housing 10/6/8, the exterior wall 10/6 comprising or substantially consisting of a light-transmissive portion 6/8 arranged such that light emitted by the illumination unit 32 is transmitted through the light-transmissive portion 6/8, wherein the illumination unit is not visible through the light-transmissive portion from an exterior of the device when the illumination unit does not emit light (given the fact that the tip end 6 is translucent and because of their positioning, it is evident that the lamps "32" and "34" are not visible, irrespectively of whether they emit light or not, additionally the Newton does not disclose the unit 32/34 is visible from the exterior of the device, only that the light emitted from the units 32/34 is visible from the exterior).
In the illustrative embodiment, the tip end 6 is a translucent gray material resembling an ash, and so too is the actuator 8, which is located concentric to the tip end 6. Note that the actuator 8 could also be located elsewhere on the electronic cigarette 2, and is a matter of design choice.
2. The aerosol generation device according to claim 1, wherein the light-transmissive portion comprises a laminar structure including a partially or fully transparent layer and a partially light-reflective layer.
Note the tip end 6 is a translucent (partially transparent) gray material resembling an ash, and so too is the actuator 8, which is located concentric to the tip end 6.
Also note that when light from 32 interacts with translucent materials 6/8, some photons pass through directly, while others are reflected, refracted, or diffused within the material, translucent material 6/8 is therefore interpreted to be both partially transparent and partially light-reflective .
3. The aerosol generation device according to claim 2 wherein the partially or fully transparent layer 8 is arranged closer the illumination unit than the partially light-reflective layer 6.
Note the tip end 6 is a translucent (partially transparent and partially light-reflective) gray material resembling an ash, and so too is the actuator 8, which is located concentric to the tip end 6.
Also note that when light from 32 interacts with translucent materials 6/8, some photons pass through directly, while others are reflected, refracted, or diffused within the material.
6. The aerosol generation device according to claim 2, wherein the laminar structure comprises a light-diffusive layer.
Note that when light from 32 interacts with translucent materials 6/8, some photons pass through directly, while others are reflected, refracted, or diffused within the material translucent material 6/8 is therefore interpreted to be both laminar (layer 6 stacked on layer 8) and partially light-diffusive .
7. The aerosol generation device according to claim 6, wherein the light-diffusive layer forms an exterior surface of the light-transmissive portion. See figure 6 showing both layers 6 and 8 being on the exterior surface.
8. The aerosol generation device according to claim 2, wherein one or more layers of the laminar structure are colored or tinted.
Note the tip end 6 is a translucent (partially transparent and partially light-reflective) gray material resembling an ash
10. The aerosol generation device according to claim 1, wherein a shape and/or a length and/or a width and/or a radius of the light-transmissive portion corresponds to a shape and/or a length and/or a width and/or a radius, respectively, of the illumination unit.
The shape or length or width or radius of the light transmissive portion 6/8 corresponds to the illumination unit shown in fig. 6. Note the term “corresponds” is interpreted to means a shape or length or width or radius that is functionally compatible.
11. The aerosol generation device according to claim 10, wherein the length and/or the width and/or the radius of the light-transmissive portion is so small that the light-transmissive portion is not visibly discernible from the exterior of the device when the illumination unit does not emit light. See Figure 2b showing an end view of the portion 6/8 without seeing the lights 32/34.
12. The aerosol generation device according to claim 1, wherein the illumination unit is positioned such that at least parts of the light emitted by the illumination unit passes through the light-transmissive portion in a direction substantially perpendicular to an exterior surface of the exterior wall of the housing. Note at least a portion of the light emitted by 32/34 will exit through the translucent portion perpendicular to portions 6/8 which are interpreted to be part of the exterior wall of the housing .
16. The aerosol generation device according to any one of the preceding claims 1, wherein the illumination unit comprises one or more LED light sources 32/34 or LED light strips.
17. The aerosol generation device according to claim 1, wherein the illumination unit comprises a plurality of light sources 32/34arranged in a straight or curved line. See fig. 6.
Claim(s) 1-2, 4, 6-13, 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kuwa et al. (US 2018/0360119A1).
Kuwa discloses in reference to claim:
An aerosol generation device 100 having a housing 101 and an illumination unit 113 capable of emitting light and covered by an exterior wall of the housing 101, the exterior wall 101 comprising or substantially consisting of a light-transmissive portion 108 arranged such that light emitted by the illumination unit 113 is transmitted through the light-transmissive portion 108, wherein the illumination unit is not visible through the light-transmissive portion from an exterior of the device when the illumination unit does not emit light.
Shell 101 is made of non-transparent or transparent plastic in the first embodiment. View window 108 may be an open structure or may be covered with a transparent or semi-transparent sheet.
2. The aerosol generation device according to claim 1, wherein the light-transmissive portion comprises a laminar structure including a partially or fully transparent layer and a partially light-reflective layer.
Note the window 108 is disclosed as semi-transparent (partially transparent) sheet.
Also note that when light from 113 interacts with semi-transparent (translucent) material 108, some photons pass through directly, while others are reflected, refracted, or diffused within the material, translucent material 108 is therefore interpreted to be both partially transparent and partially light-reflective .
4. The aerosol generation device according to claim 2, wherein the partially light-reflective layer comprises a coating created by a physical vapor deposition (PVD), chemical vapor deposition (CVD) and/or non-conducting vacuum metallization (NCVM) process.
Note that the layer 108 may be negated if 101 is made from semi-transparent material. In some embodiments, the shell can include a UV-coated transparent sheet, a transparent sheet of a UV-blocking material, or a UV-coated transparent sheet of a UV-blocking material over the viewing window to protect the material in the tank from UV radiation. Further note that the method of forming the layer comprising a coating by PVD, CVD or NCVM is not germane to the issue of patentability of the device where the art shows the claimed structure.
6. The aerosol generation device according to claim 2, wherein the laminar structure comprises a light-diffusive layer.
Note that when light from 113 interacts with translucent materials 101 or 108, some photons pass through directly, while others are reflected, refracted, or diffused within the material translucent material 101/108 is therefore interpreted to be both laminar (UV-coated transparent sheet, a transparent sheet of a UV-blocking material, or a UV-coated transparent sheet of a UV-blocking material over the viewing window to protect the material in the tank from UV radiation) and partially light-diffusive .
7. The aerosol generation device according to claim 6, wherein the light-diffusive layer forms an exterior surface of the light-transmissive portion. See figure 1a showing light-diffusive layer 101 as an exterior surface.
8. The aerosol generation device according to claim 2, wherein one or more layers of the laminar structure are colored or tinted. Not that the housing inherently has a color, broadly.
9. The aerosol generation device according to claim 1, wherein the housing 101 comprises a main body 101 on/in which the illumination unit 113 is arranged, and a panel member 108 that is movably and/or detachably attached to the main body and that comprises or substantially consists of the exterior wall of the housing. See figure 1A.
10. The aerosol generation device according to claim 1, wherein a shape and/or a length and/or a width and/or a radius of the light-transmissive portion corresponds to a shape and/or a length and/or a width and/or a radius, respectively, of the illumination unit.
The shape or length or width or radius of the light transmissive portion 6/8 corresponds to the illumination unit shown in fig. 6. Note the term “corresponds” is interpreted to means a shape or length or width or radius that is functionally compatible.
11. The aerosol generation device according to claim 10, wherein the length and/or the width and/or the radius of the light-transmissive portion is so small that the light-transmissive portion is not visibly discernible from the exterior of the device when the illumination unit does not emit light. See Figure 2b showing an end view of the portion 6/8 without seeing the lights 32/34.
12. The aerosol generation device according to claim 1, wherein the illumination unit is positioned such that at least parts of the light emitted by the illumination unit passes through the light-transmissive portion in a direction substantially perpendicular to an exterior surface of the exterior wall of the housing. Note at least a portion of the light emitted by 32/34 will exit through the translucent portion perpendicular to portions 6/8 which are interpreted to be part of the exterior wall of the housing .
13. The aerosol generation device according to claim 1, wherein the light-transmissive portion and at least parts of the housing adjacent to the light-transmissive portion and/or substantially the entire exterior wall of the housing are provided with substantially the same exterior surface finish. Note that Kuwa discloses the housing can be light-transmissive as such would have the same exterior surface finish.
15. The aerosol generation device according to claim 14, wherein the light-transmissive portion 101 comprises a laminar structure (having a UV coating) including a partially or fully transparent layer 101, a partially light-reflective layer (UV coating), and a light-diffusive layer (UV coating), and wherein the exterior surface finish is provided by one of the partially light-reflective layer, the light-diffusive layer, and a combination thereof.
Note the window 108 (light-transmissive portion) is disclosed as semi-transparent (partially transparent) sheet.
Also note that when light from 113 interacts with semi-transparent (translucent) material 108, some photons pass through directly, while others are reflected, refracted, or diffused within the material, translucent material 108 is therefore interpreted to be both partially transparent and partially light-reflective .
Note that the layer 108 may be negated if 101 is made from semi-transparent material. In some embodiments, the shell can include a UV-coated transparent sheet, a transparent sheet of a UV-blocking material, or a UV-coated transparent sheet of a UV-blocking material over the viewing window to protect the material in the tank from UV radiation. Further note that the method of forming the layer comprising a coating by PVD, CVD or NCVM is not germane to the issue of patentability of the device where the art shows the claimed structure.
16. The aerosol generation device according to any one of the preceding claims 1, wherein the illumination unit comprises one or more LED light sources 113 or LED light strips.
17. The aerosol generation device according to claim 1, wherein the illumination unit comprises a plurality of light sources 113 arranged in a straight or curved line. See fig. 1c.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 5, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwa et al. (US 2018/0360119A1) in view of Arnold et al. (US 2017/0170441A1).
Kuwa discloses the claimed invention except in reference to claim:
5. The aerosol generation device according to claim 2, wherein the partially light-reflective layer comprises an aluminum, copper, or bronze material.
Arnold et al. (US 2017/0170441A1) teaches a UV coating comprising aluminum. Kuwa discloses the claimed invention except the specific use of aluminum in the UV coating, however, Arnold teaches it is known in the art to use aluminum as part of a UV coating, as such under KSR rationale A, it would have been obvious to one of skill in the art to use a UV coating having aluminum as a constituent.
14. The aerosol generation device according to claim 13, wherein the exterior surface finish is a glossy, mirrored, or matte finish.
As the exterior surface finish of a hand held device would be intentionally provided such that the appearance and feel of the surface was appealing to the user, one of skill in the art would find it obvious to choose from a limited number of optional finishes which broadly can be characterized as glossy or matte (i.e. not-glossy).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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