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
The Response of 10/13/2025 is entered. Applicant has amended claim 1 with the limitations of claim 6, canceled claim 6, and amended claim 8. The amendment to claim 8 overcomes the 35 USC 112(b) rejection, and thus this rejection is withdrawn. The amendment to claim 1 to overcomes the double patenting rejection.
Response to Arguments
Applicant's argues in the of 02/11/2026 that the limitations of the first elongate member comprises a first flat surface facing the slot, and a second elongate surface comprises a second flat surface facing the slot is not anticipated by the disclosure of Ferrie. This argument is considered persuasive, and thus the rejections of claim 1 and its dependent claims grounded in anticipation are withdrawn.
Applicant’s arguments, see Pre-Appeal Brief Request for Review, filed 02/11/2026, with respect to the rejection(s) of claim(s) 1 and 9-10 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 103.
Ferrie describes two embodiments of aerosol generating device heater configurations, one where the heater is generally cylindrical and one where the profile is rectangular, a “blade heater”, ([0170]). Ferrie also depicts an embodiment where the flexible engaging arms having curved surfaces facing each other, though this feature is not described in the reference, the curvature is seen relatively clearly in Fig 10C, and describes an embodiment where the elongate arms are straight (and understood to be parallel, ([0344]). Fig 12B depicts the elongate arms enclosing the heating element. It is reasonably suggested that the curved face of the elongate arms is depicted to correspond to a cylindrical heating element. One of ordinary skill in the art would have the skill to make the elongate arms planar, flat, and straight, and be motivated to provide such an embodiment to conform to the embodiment of the device where the heater shape is blade like, because an elongate element with a curved face facing the slot would be more likely to damage the heater and also a flat surface would be more capable of facilitate scraping the debris deposited on the outer surface, when the heater is also flat and planar, ([0356]).
Applicant further argues that the combination of Ferrie in view of Hornsby is improper because Applicant asserts Hornsby is non-analogous art. Examiner has applied Hornsby not because it is pertinent to the problems faced by the inventor, but because Hornsby is a cleaning tool and thus within the Applicant’s field of endeavor. Although Applicant argues that the intended use of the claim should somehow limit the inventive field of endeavor, there is no basis for this assertion. The inventive field of endeavor includes cleaning tools, of which Hornsby is one. One of ordinary skill in the art, would reasonably look to the field of cleaning tools, rather than only at specific implementations designed for aerosol generating device cleaning, for prior art teachings which could improve Ferrie. In claim 1, the only reference to aerosol generating device is in the preamble, as an intended use limitation, which is not considered limiting. Even if the device were to require elements of an aerosol generating device, by claiming a cleaning tool, one of ordinary skill in the art would have looked to prior art of cleaning tools -including Hornsby- when looking for obvious improvements for aerosol generating device cleaning tools.
Additionally, Applicant selectively quotes from Hornsby to suggest that the tool only is directed to dispensing a cleaning solution, Remarks pg 10 lines 4-6 citing to paragraph [0002] of Hornsby, but fails to include the next portion, where the paragraph goes on to say that the tool creates a vibratory contact with a surface, the vibration is an advantageous benefit associated with the present invention, it may assist or be primarily responsible for breaking up dirt, coatings or layers of material to be removed from a surface, ([0002]). Hornsby is a cleaning tool, which teaches a feature that would be an obvious improvement to aerosol generating device cleaning tools. Applicant argument suggesting that Hornsby is not within the inventive field of endeavor is unpersuasive.
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(s) 1-5, 7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrie et al. (WO 2020/193177A1)(provided by Applicant IDS dated 04/15/2024).
Regarding claim 1, Ferrie discloses:
A tool for cleaning an aerosol-generating device having a heating chamber, ([pg 3 lines 17-20] although the intended use limitations are not given patentable weight, the tool disclosed by Ferrie anticipates Applicant’s intended use) the tool comprising:
a tool base, (Representative Fig. 10A, the base is the section in between the two ends); and
a first elongate member extending from the tool base, the first elongate member comprising a first distal end distal from the tool base, (Fig. 10C ref 260 depicting 2 similar elongate members extending from the base) and
a second elongate member extending from the tool base, the second elongate member comprising a second distal end distal from the tool base, (Fig 10C ref 260 depicting 2 similar elongate members extending from the base),
wherein a slot is defined between the first and second elongate members, (Fig 10C the gap between the elongate members anticipates the limitation of a slot defined between these members); and
a pivot member, (Fig 10C refs 261 & 272), arranged between the tool base and both the first distal end of the first elongate member and the second distal end of the second elongate member, wherein the pivot member is configured to allow pivoting the first elongate member and the second elongate member in a preferred direction transverse to the extension of the first elongate member and wherein the pivot member is configured to limit pivoting the first elongate member and the second elongate member in a non-preferred direction, ([0342]-[0347]as described the pin/rod (ref 272) is slid into a sliding path of the aerosol generating device and would prevent the tool from rotating in around the longitudinal axis of the device, but would allow pivoting back and forth, with the ref 261 acting as a pivot with the walls of the heating chamber). Although ref 261 is not described as a pivot member, the structure is similar to the pivot member as disclosed in the present Specification and drawings, and includes additional structures to provide the “configured to” functional limitations. See comparisons illustrated below:
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The circular member 120 is referred to as the pivot member. The slot 122 interacts with a rib in the heating chamber that prevents rotation, but allows some side to side motion along the axis of the rib. The circular member allows the tool to be rocked back and forth, motion is depicted by the curved lines 130-1, 132-1, to show pivoting. This finds support in the present Specification pg 14 line 4 - pg 15 line 8.
Ferrie discloses a similar structure:
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Ferrie has the circular collar, but instead of the cutout channel it has a pin or rod extending from it, which is element 272. This element 272 is held in a sliding channel of the device and the cooperation of the pin in the channel prevents rotation, which meets the functional limitation required of the claim, to restrict pivoting in a non-preferred direction. Ferries collar is a structure that is capable of the claimed use. While Ferrie discloses the cap removal portion of the tool as primarily having a function to remove the cap over the heating element of the aerosol generating device, the cap removal portion is also disclosed as having a configuration where the elongate members are configured “to remove, e.g. scrape off, debris in the device”, ([0343] more particularly, pg 43 lines 1-2). It is understood that using the device to scrape would result in structure 262 acting as a pivot member.
Ferrie describes two embodiments of aerosol generating device heater configurations, one where the heater is generally cylindrical and one where the profile is rectangular, a “blade heater”, ([0170]). Ferrie also depicts an embodiment where the flexible engaging arms having curved surfaces facing each other, though this feature is not described in the reference, the curvature is seen relatively clearly in Fig 10C, and describes an embodiment where the elongate arms are straight (and understood to be parallel, ([0344]). Fig 12B depicts the elongate arms enclosing the heating element. It is reasonably suggested that the curved face of the elongate arms is depicted to correspond to a cylindrical heating element.
It would be obvious to one of one of ordinary skill in the art to modify the depicted elongate arms to be planar, flat, and straight, and be motivated to provide such an embodiment to conform to the embodiment of the device where the heater shape is blade like, because an elongate element with a curved face facing the slot would be more likely to damage the heater and by providing a flat surface, the elongate surfaces facing the slot (which also face the heater surfaces) would be more capable of facilitate scraping the debris deposited on the outer surface, when the embodiment comprises a heater that is also flat and planar, ([0356]).
Regarding claim 2, modified Ferrie discloses the tool according to claim 1. Ferrie further discloses the pivot member comprises an elliptical member (a circular member meeting the limitation of an ellipse) with a protrusion in the form of a pin extending out from the ellipse, configured to engage with a pair of ribs forming a channel/sliding path in the aerosol generating device, which would prevent axial rotation of the first and second elongate members within the heating chamber, ([0343] as described the pin/rod into a sliding path of the aerosol generating device and would prevent the tool from rotating in around the longitudinal axis of the device, but would allow pivot member ref 261 to pivot the tool in the heating chamber). Although Ferrie discloses a channel and a rib structure for preventing axial rotation of the tool in the aerosol generating device, the rib is formed on the elliptical member and the channel is formed in the device.
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ferrie to have the channel as part of the tool and the rib as part of the device. This mere rearrangement of parts, MPEP 2144.04 VI. C Rearrangement of parts. Here, altering the locations of the channel and the rib do not impact the function of these cooperating structures, the relocation of the structures is found to be within the ordinary skill in the art, and one of ordinary skill in the art would expect the modified arrangement to work similarly to the original arrangement.
Regarding claim 3, modified Ferrie discloses the tool according to claim 2. Ferrie discloses the elliptical member comprises a cylinder, (Fig 10C ref 261 depicted as a circular collar having a height, which meets the limitation of both a disk and a cylinder).
Regarding claim 4-5, Ferrie discloses the tool according to claim 1. Ferrie further discloses the tool may comprise a cleaning portion that also comprises one or more elongate elements extending from the main body (base), ([0053] the elongates members are considered a brush, the brush comprising bristles). The brushes and bristles may be adapted to remove debris deposited on the heating element and the body, ([0074]). Ferrie does not disclose that bristles extend from the first and second elongate members of the tool of claim 1.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ferrie to provide elongate members of the tool with bristles extending radially out from the elongate members. The cap removal portion of the base tool of Ferrie is considered suitable for cleaning the heating chamber of an aerosol generating device, (see the rejection of claim 1 above). It is considered obvious to duplicate the cap removal portion of the tool in lieu of the disclosed cleaning portion, MPEP 2144.04 VI. Duplication of Parts, because these structures also promote cleaning of the device. It is considered obvious to further adapt one end of modified Ferrie to provide bristles extending radially outward from the elongated members, because Ferrie discloses using bristles as part of the cleaning portion of the tool and radially extending the bristles from the elongated members is an obvious adaptation of the bristles to facilitate contact with the surfaces of the device when cleaning).
Regarding claim 7, modified Ferrie discloses the tool according to claim 1. Ferrie discloses the cap removal portion of the tool as primarily having a function to remove the cap over the heating element of the aerosol generating device, the cap removal portion is also disclosed as having a configuration where the elongate members are configured “to remove, e.g. scrape off, debris in the device”, ([0344] more particularly, pg 43 lines 1-2). Ferrie does not disclose the adaptations of the elongate members to remove debris comprise one or more ridges on a surface of the elongate members facing the slot.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the surfaces of the elongate members facing the slot to further comprise ridges. Ferrie contemplates adaptations to the elongate members to further facilitate debris removal in the device. Adding ridges are considered well known structures that provide a filing action for removing debris as part of a cleaning surface. Adding ridges to the elongate member is considered an obvious modification to provide additional surface roughness to cleaning surfaces of the tool, in a manner that is consistent with the disclosure of Ferrie, to adapt the elongate members to further facilitate debris removal in the device.
Regarding claim 9, modified Ferrie discloses the tool according to claim 1. Ferrie further discloses:
the tool base comprises a cleaning head for cleaning the heating chamber of the aerosol- generating device, the cleaning head comprising one or more scraping surfaces, (Fig 10D depicting elongated cleaning members extending from the opposite end of the base, which meet the limitation of a cleaning head).
Regarding claim 10, modified Ferrie discloses the tool according to claim 1. Ferrie further discloses: the first distal end and the second distal end are moveable laterally relative to one another to adjust a width of the slot between the first distal end and the second distal end. ([0350] the elongated members are flexible relative to each other, which would necessarily adjust the width of the slot between them).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrie et al. (WO 2020/193177A1)(provided by Applicant IDS dated 04/15/2024) as applied to claim 1 above, and further in view of Hornsby et al. (US 2006/0015043 A1).
Regarding claim 12, Ferrie discloses the tool according to claim 1. Ferrie does not disclose a motor coupled to the first elongate member and the second elongate member, the motor configured to provide the reciprocating movement of the first elongate member and the second elongate member.
Hornsby teaches a cleaning tool, ([003]), and is thus within the inventor’s field of endeavor. The tool comprises a motor operatively coupled to the device to cause a tip of the device to move, ([0005]). The tip may have any composition or structure known to have cleaning or other surface treatment capabilities upon contact with a surface to be cleaned, ([0021[). The motor housing component operatively connects the motor to the application component and is housed and connected to the application component by any known component in any known fashion, ([0022]). Horbsby is thus understood to disclose a motor operatively configured to cause a vibrational back and forth motion in another component to facilitate cleaning.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the tool of Ferrie with the motor of Hornsby. Hornsby teaches operatively coupling a motor to a device to enhance surface cleaning capabilities of other components coupled to the motor. Applying teaching of Hornsby to the device of Ferrie is considered the application of a known technique (adding a motor to provide reciprocating cleaning action) to a known device ready for improvement, to yield predictable results. Here by coupling the motor to the elongated members of Ferrie, the elongate members are expected to provide the obvious improvement of a vibrational action (which would include reciprocating motion) to help clean the surfaces of the aerosol generating device in a predictable manner.
Allowable Subject Matter
Claims 8, 11 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: Ferrie et al. (WO 2020/193177A1) is considered the closest prior art of record.
Regarding claim 8, Ferrie anticipates the tool of claim 1. It is considered obvious to provide a cap to contain debris inside the chamber using the tool to clean, for the obvious advantage of containing the debris until it can be disposed of properly. However, providing the cap coupled to the first elongate member and second elongate member with a rod, and providing the cap such that it couples to the aerosol generating device, in conjunction with the limitations of claim 1, is not considered obvious in the absence of impermissible hindsight.
Regarding claim 11, Ferrie anticipates the tool of claim 10. Ferrie does not disclose the use of bearings to engage at least one of the first elongate member and the second elongate member, to limit the width of the slot between the first and second distal end of the elongate members. It is not considered obvious to provide bearings configured to provide this limitation, in conjunction with the limitations of claim 10, in the absence of impermissible hindsight.
Regarding claim 13, Ferrie anticipates the tool of claim 1. Ferrie does not disclose providing the tool a cleaning station body configured to receive the aerosol-generating device, the cleaning station body mechanically coupled to the first elongate member and the second elongate member to allow the reciprocating movement of the first elongate member and the second elongate member; and a lever mechanically coupled to the tool base to control the reciprocating movement of the first elongate member and the second elongate member. It is not considered obvious to provide these further limitations with the tool according to claim 1, in the absence of impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL E VAKILI whose telephone number is (571)272-5171. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.E.V./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747