DETAILE ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06 January 2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 06 January 2026:
Claims 1-17 are pending
Claims 11-17 are withdrawn
Claims 1 is amended
Response to Arguments
Applicant's arguments filed 06 January 2026 have been fully considered but they are not persuasive.
On Pages 9-13 of Applicant’s Remarks, Applicant has amended Claim 1 to include new limitations regarding an end cover and further limitations wherein the first detection apparatus is “disposed in a space between the end cover and the movable cover, and positioned in the space independently from the movement of the movable cover”.
Applicant argues that Lin does not disclose the first detection apparatus driving the cover in response to detecting an insertion signal, and even if Examiner were to absolve this by modifying Lin’s device with Yim’s disclosure in regards to the toggle switch for operating a cover, both Lin and Yim do not further disclose said switch being located in any space between an end and movable/downstream cover.
Examiner respectfully disagrees, noting that while Applicant primarily argues against Yim by discussing a space between an end cover and downstream cover 16, Examiner would interpret the amended claims based on Yim’s top surface comprising the opening 12B as the end cover and upstream cover 18 as the movable cover; in this configuration, the cavity 12 would be the space wherein the switch/detection apparatus is disposed to align with the newly amended claim.
In this configuration, Yim would indeed disclose the newly amended claim since the switch, once activated upon insertion of an article, will trigger the upstream cover to move and open the opening 12A (see Figs. 5A-6; [0147]; note that while the upstream cover is not shown in Fig. 6, it is mentioned which implies that it is present and equivalent to what is illustrated in Figs. 5A-B which shows the circuitry that controls the switch).
Therefore, Examiner maintains that Lin in view of Yim would still read upon the limitations recited in the amended claim.
On Pages 13-14 of Applicant’s Remarks, Applicant argues that Bouchuiguir does not teach the new limitations in amended Claim 1 regarding the first detection apparatus being disposed in a space between the end cover and the movable cover.
Examiner no longer relies on Bouchuiguir for rejection amended Claim 1 and therefore Applicant’s argument is moot.
The following is a modified rejection based on amendments to the claims.
Claim Interpretation
Claim 1 recites an “end cover” which is not a term used in Application’s specification. Based on the structural limitations recited regarding the “end cover”, it would appear that the “end cover” may be referring to the upper cover 101 which is similarly disclosed to have an opening that communicates with the cavity in the specification, and as illustrated in the Drawings (see Figure 1).
For examination purposes, the term “end cover” is interpreted as “upper cover”.
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.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US20200323273A1) in view of Yim (Publication No. US20240099369A1).
Regarding Claim 1, Lin discloses an electronic cigarette device (i.e., smoking set) comprising:
a cavity (Heating tube 3) and heater (Heat generating conductor 30) configured to heat a cigarette removably placed within the cavity to generate an aerosol for smoking (Abstract, [0050-0052]; tobacco smoke is considered equivalent to aerosol);
and further comprising:
an upper cover (Lid 11) disposed to cover an end of the smoking set, an opening (insertion port 111) being formed on the end cover to spatially communicate with the cavity (3) for the cigarette passing therethrough into the cavity (3) (Figs. 1-3; [0051]);
a movable cover (Insertion port lid 52) that is movable along a horizontal (i.e., lateral) direction away from the cavity (3) to open the cavity and toward the cavity to cover the cavity from spatially communicating with the opening (111) (Figs. 1-3; [0051]; cover comprises a motor that will drive the cover to open/close);
a first detection apparatus (Detector 63) arranged outward of the viewing window (610) to detect whether a cigarette is received (i.e., inserted) in the cavity (3) (see Figs. 4-5; [0053]);
and if it is detected that there is a cigarette being present at the opening to be inserted into the cavity, output a cigarette insertion signal (see Figs. 1-3; [0063]; the cigarette as illustrated must be present at the opening and partially inserted to reach the detection apparatus for detection, wherein this occurs before further insertion into the cavity).
and a driving apparatus (Automatic lid mechanism 5) to drive the cover to move relative to the cavity (3) (Figs. 1-3; [0051]; relative to cavity implied as mechanism opens lid in a manner that allows insertion into the tube/cavity);
Lin further discloses that control chip (i.e., controller) is configured with the driving apparatus (5) downstream of the upper cover (11), which controls said mechanism based on activation signals received from button to drive the cover (52) relative to the cavity (3) (Figs. 1-5; [0014-0016, 0051-0052]).
Lin does not disclose the following:
the first detection apparatus is disposed in a space between the end cover and the movable cover, and positioned in the space independently from movement of the movable cover;
the controller is configured with the driving apparatus to move the cover relative to the cavity along the lateral direction, according to the cigarette insertion signal, so as to open the cavity such that the cigarette can be inserted into the cavity;
the movable cover disposed in the smoking set beside the end cover
Regarding (I-III), it should be noted that the rearrangement of parts where both arrangements are known equivalents is a design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this regard, Yim, directed to an aerosol-generating device, discloses a housing lid (downstream cover 16 and opening 12B) (i.e., end cover)and movable cover (upstream cover 18), and a first detection apparatus (Toggle switch 36) provided downstream of the insertion lid/cover to drive said cover relative to a cavity via driving apparatus (Electric motor 32) (see Figs. 5A-B; [0145]; motor slides the cover to open/close the cavity openings; switch is located between the two covers; section below downstream cover is considered to be the downstream section/side of the upstream cover);
and is configured to detect if a cigarette is to be inserted into the cavity space (12) (Fig. 6; [0147]; detector senses if an article is inserted/in the cavity pass the housing lid/downstream cover);
and output an insertion signal (Fig. 6; [0147]; controller activates based on signals from the electrical connections triggered by insertion of an article);
and a controller (Micro control unit 34) configured to acquire the insertion signal and control the driving apparatus to drive the upstream cover (18) to move the cover based on the insertion signal relative to the cavity such that the cigarette can be inserted into the cavity without needing to manually operate both covers (Figs. 1A-B, 6; [0141, 0147-0148]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to rearrange the controller, housing lid/upper cover (11) and movable lid (52) disclosed by Lin such that the insertion lid is lowered into the smoking set/device to form a space between the housing and insertion lids for disposing a first detecting apparatus (5), to predictably yield a device capable of driving the movable cover (52) when the detecting apparatus sends an insertion signal for when a cigarette is inserted pass the housing lid/end cover, so that the movable cover opens and allows further insertion of the cigarette into a cavity.
Regarding Claim 2, Lin further discloses the smoking set further comprises:
a second detection apparatus (Cigarette detection mechanism 6), configured to detect whether the cigarette is inserted into the cavity in place (Figs. 1-5; [0051-0053]; mechanism comprises a detector that detects cigarette insertion into the heating tube/cavity).
and if it is detected that the cigarette inserted into the cavity is in place, output a cigarette insertion fulfillment signal (i.e., detecting signal) (Figs. 4-5; [0053-0054]);
and the controller (Control chip 7) is further configured to acquire the cigarette insertion fulfillment signal (Figs. 4-5; [0053, 0063]; controller configured with a detection module to send and receive signals from the detector);
and control the heater to start heating according to the cigarette insertion fulfillment signal (Fig. 10; [0063-0067]; discloses heating step proceeds only if insertion is detected).
Regarding Claim 3, Lin further discloses the second detection apparatus is further configured to output a cigarette insertion unfulfillment signal, if it is detected that the cigarette inserted into the cavity is not in place after the heater starts heating ([0063, 0067-0068]; controller is configured in a signal feedback loop with the detection module; controller/module detecting absence of cigarette in cavity is equivalent to outputting an insertion unfulfillment signal);
and the controller is further configured to acquire the cigarette insertion unfulfillment signal, and control, according to the cigarette insertion unfulfillment signal, the heater to stop heating and record a completed heating time of the heater (Fig. 10; [0068-0073]; discloses controller is able to determine if smoking operation/heating mode exceeds a three minute and fifty second threshold, implying that the heating time is recorded to make the threshold comparison).
Regarding Claim 4, Lin further discloses the second detection apparatus is further configured to output a cigarette reinsertion fulfillment signal, if it is detected that the cigarette reinserted into the cavity is in place within a first preset time after the heater stops heating (Fig. 10; [0069-0073]; Step 11-12 checks for a reinsertion via detection module within a one-minute preset time);
and the controller is further configured to acquire the cigarette reinsertion fulfillment signal (Step 11), calculate a remaining (i.e., elapsed) heating time of the heater according to the completed heating time (i.e., operation mode) of the heater (Steps 12-14), and control the heater to heat according to the cigarette reinsertion fulfillment signal and the remaining heating time of the heater (Fig. 10; [0060-0074]; control chip is configured to calculate the elapsed time to determine if 1 minute has passed since reinsertion to determine if the heating operation mode and elapsed time cycle should be restarted).
Regarding Claim 5, Modified Lin further discloses that the upstream cover/insertion lid is automatically driven by a motor that responds to both insertion and removal (i.e., pull out signal) (Yim, Figs. 1A-B, 6; [0141, 0147-0148]; the motor is controlled by the control unit, which activates based on the signals from the electrical connections to move the upstream cover/insertion lid to slide).
Lin also discloses that the controller is configured to acquire the cigarette pull-out signal (i.e., unfulfillment signal) from the second detecting apparatus after the heater/heating is stopped, and control, according to the cigarette pull-out signal, the driving apparatus to drive the cover to move relative to the cavity, so as to cover the cavity (Fig. 10; [0070-0075]; detecting no cigarette in the cavity implies a pull-out signal is sent to the controller).
While modified Lin does not explicitly disclose the output signal is derived from the first detecting apparatus, it should be noted that the first apparatus disclosed by modified Lin and the second apparatus disclosed by Lin are both cigarette insertion sensors. As such, one ordinarily skilled in the art could reasonably assume that if the first and second sensors can both detect cigarette insertion, one could modify the first apparatus to output a pull-out signal to drive the cover over the cavity instead of the second apparatus.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify first detecting apparatus disclosed by modified Lin to output a pull-out signal to drive the cover to close over the cavity as disclosed by Lin, as both are directed to an aerosol-generating/smoking device, where one ordinarily skilled in the art could take the teachings of one insertion detecting sensor (i.e., second apparatus) as disclosed by Lin, and apply it to another insertion detecting sensor (i.e., first apparatus) as disclosed by modified Lin, and reasonably expect a resulting detecting sensor that can output a signal that triggers a cover to close over a cavity.
Regarding Claim 6, Modified Lin further discloses after the cover covers the cavity, the controller stops controlling the driving apparatus to drive the cover to move relative to the cavity, so as to open the cavity (Fig. 10; [0070-0075]; controller and circuits deactivate after closing the cover which implies the controller stops controlling).
Modified Lin does not explicitly state that the cover covers the cavity within a second preset time. However, one ordinarily skilled in the art would reasonably assume that the cover does not instantaneously close over the cavity and thus, would need to finish the automatic closing action initiated by the controller within a set time period (i.e., preset time) before all controller and circuits can be deactivated.
Regarding Claim 7, Modified Lin further discloses that the upstream cover/insertion lid is automatically driven by a motor that responds to both insertion and removal (i.e., pull out signal) (Yim, Figs. 1A-B, 6; [0141, 0147-0148]; the motor is controlled by the control unit, which activates based on the signals from the electrical connections to move the upstream cover/insertion lid to slide).
Lin also discloses that the controller is configured to acquire the cigarette pull-out signal (i.e., unfulfillment signal) from the second detecting apparatus after the heater/heating is stopped, and control, according to the cigarette pull-out signal, the driving apparatus to drive the cover to move relative to the cavity, so as to cover the cavity ([0070-0075]; detecting no cigarette in the cavity implies a pull-out signal is sent to the controller).
While modified Lin does not explicitly disclose the output signal is derived from the first detecting apparatus, it should be noted that the first apparatus disclosed by modified Lin and the second apparatus disclosed by Lin are both cigarette insertion sensors. As such, one ordinarily skilled in the art could reasonably assume that if the first and second sensors can both detect cigarette insertion, one could modify the first apparatus to output a pull-out signal to drive the cover over the cavity instead of the second apparatus.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify first detecting apparatus disclosed by modified Lin to output a pull-out signal to drive the cover to close over the cavity as disclosed by Lin, as both are directed to an aerosol-generating/smoking device, where one ordinarily skilled in the art could take the teachings of one insertion detecting sensor (i.e., second apparatus) as disclosed by Lin, and apply it to another insertion detecting sensor (i.e., first apparatus) as disclosed by modified Lin, and reasonably expect a resulting detecting sensor that can output a signal that triggers a cover to close over a cavity.
Regarding Claim 8, Lin further discloses a second detection circuit board (62) connected to a control circuit board/controller (7) (Figs. 1-5; [0007]; all circuitry is disclosed to be electrically connected on the control chip). Lin does not explicitly disclose the following:
the second detection apparatus comprises a contact piece, a conductive column and a first detection circuit;
the contact piece and conductive column are disposed at an end of the cavity opposite to the position of the cover to cover the cavity.
Regarding (I), Yim, directed to an aerosol-generating device, discloses a detector switch (i.e., detection apparatus) for detecting an aerosol-generating article insertion comprising of:
a contact piece (Toggle 36), a conductive column (Electrical connections 34B) and a first detection circuit (Circuitry 4) (Fig. 6; [0147]; connections are shown to be column-shaped; electrical connection implies they are electrically conductive).
and the controller is electrically connected to the conductive column and the contact piece by using the first detection circuit (Fig. 6; [0147]);
when the cigarette inserted into the cavity is not in place, the contact piece is not in contact with the conductive column, such that an open circuit through which no current passes is formed between the first detection circuit, the contact piece and the conductive column (Fig. 6; [0147]; circuit is shown to be incomplete when the cigarette/article is not fully inserted);
and when the cigarette inserted into the cavity is in place, the contact piece is in contact with the conductive column, such that a close circuit through which a current pass is formed between the first detection circuit, the contact piece and the conductive column (Fig. 6; [0147]; circuit is completed when the article/cigarette is inserted and pushing the switch/contact piece to the column/electrical connection).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify second detecting apparatus disclosed by Lin to comprise a contact piece and conductive column that completes a circuit upon insertion of an article/cigarette as disclosed by Yim, as one ordinarily skilled in the art could apply a known detecting apparatus assembly as disclosed by Yim, to another detecting apparatus in another similar aerosol-generating device as disclosed by Lin, and reasonably expect to yield a resulting detecting apparatus that only has as completed circuit upon an article/cigarette insertion without impacting the overall devices capability of detecting a cigarette insertion and triggering a heating cycle.
Regarding (II), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, Yim discloses that both the contact piece and the conductive column are disposed at the end of the cavity opposite to the position of a cover 16 (see Fig. 6B; switch is shown to be in the recess 37 located opposite of the downstream cover 16).
Therefore, it would have been obvious to one ordinarily skilled in the art to rearrange the contact piece and conductive column of the second detection apparatus disclosed by Modified Lin, to be on an end opposite to a cover that covers the cavity as disclosed by Yim, and expect the second detection apparatus to still be capable of detecting whether the cigarette is inserted into the cavity in place and subsequently sending an insertion fulfilment signal.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US2020323273A1) in view of Yim (Publication No. US20240099369A1)as applied to Claim 1 above, and further in view of Lee et al (Publication No. US20200187349A1).
Regarding Claim 9, Modified Lin discloses that the first detection apparatus is electrically connected to the controller through a circuit (Lin, Figs. 1-5; [0007]; all circuitry is disclosed to be electrically connected on the control chip; and Yim, Figs. 1A-B, 6; [0141, 0147-0148]; detection unit is electrically connected to controller via electrical/circuit connection; Both Lin and Yim disclose insertion sensing mechanisms, and are therefore considered equivalent first detecting mechanisms for detecting a cigarette insertion).
Modified Lin does not disclose the following details for the first detecting apparatus:
a first and second elastic sheet;
one end of the first elastic sheet and one end of the second elastic sheet form a through hole for insertion of a cigarette;
and the controller is electrically connected to the first elastic sheet and the second elastic sheet by using the second detection circuit;
when the cigarette is not inserted into the through hole, the end of the first elastic sheet and the end of the second elastic sheet are in contact with each other, such that a close circuit through which a current pass is formed between the second detection circuit, the first elastic sheet and the second elastic sheet;
and when the cigarette is inserted into the through hole, the end of the first elastic sheet and the end of the second elastic sheet are not in contact with each other, such that an open circuit through which no current passes is formed between the second detection circuit, the first elastic sheet and the second elastic sheet.
However, Lee, directed to a mechanical switch, discloses a switch for opening and closing an electrical circuit. Said switch comprises of:
a first (Tab 632) and second (Tab 634) elastic sheet (see annotated Fig. 6B; [0030, 0034-0036]; disclosed alternative embodiments for the switch have flexible tabs, implying that the tabs in Fig. 6B can also be flexibly constructed; tabs are shown to be an elongated plate, considered equivalent to a sheet);
one end of the first elastic sheet and one end of the second elastic sheet form a through hole for insertion of a pin (622) (Figs. 6A, 6C, 9B, annotated Fig. 6B; [0036, 0046]; ends of the elastic sheet form a through hole/gap with the movable contact 610; pin is an inserted object and is considered equivalent to any other inserted object such as a cigarette);
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and the controller (i.e., control relay) is electrically connected to the first elastic sheet and the second elastic sheet by using the circuit (i.e., detection circuit) (Circuit 110) (Figs. 6A-6C, 9B; [0036, 0046]; detection circuit is connected to the control relay via connections C and D; circuit is complete/electrically connected to the relay only when the elastic sheets are connected to create a closed circuit);
when the pin is not inserted into the through hole (i.e., is displaced, bent, broken, etc.), the end of the first elastic sheet and the end of the second elastic sheet are in contact with each other, such that a close circuit is formed between the circuit (i.e., detection circuit), the first elastic sheet and the second elastic sheet (Figs. 6A-6C, 9B; [0036, 0046]; first and second sheet are in contact via movable contact 610; a closed circuit implies passing current);
and when the pin is inserted into the through hole (i.e., is not displaced, bent, broken, etc.), the end of the first elastic sheet and the end of the second elastic sheet are not in contact with each other, such that an open circuit through is formed between the second detection circuit, the first elastic sheet and the second elastic sheet (Figs. 6A-6C, 9B; [0036, 0046]; an open circuit implies no passing current).
It is noted that Lee does not explicitly disclose two separate elastic sheets that form a through hole. However, making a construction separable instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art unless there are new or unexpected results (see MPEP § 2144.04.II.C). In the case of the contact switch disclosed by Lee, one ordinarily skilled in the art would reasonably expect that the if the tabs (i.e., elastic sheet portions) are separated into individual elastic sheets, said tabs would still be capable of opening/closing a circuit so long as they are in contact with each.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the second detecting apparatus disclosed by modified Lin to comprise a mechanical switch with elastic tabs/sheets as disclosed by Lin, as one ordinarily skilled in the art could apply a known detecting apparatus assembly as disclosed by Yim, as both are directed to a circuit assembly, where one ordinarily skilled in the art could include an additional mechanical switch component with elastic sheets as disclosed by Lee to a similar circuit assembly disclosed by Lin, and expectedly yield a circuit loop that will only be closed (i.e., completed) when an object (i.e., cigarette) is not placed within the sheets of the mechanical switch.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US2020323273A1) in view of Yim (Publication No. US20240099369A1) as applied to Claim 1 above, and further in view of Fang (Publication No. CN108523251A, see provided English Translation).
Regarding Claim 10, Lin further discloses the automatic lid mechanism (5) comprises a drive motor (51) that drives the cover (52) to move along the horizontal (i.e., lateral direction) of the smoking set (Figs. 1-2; [0051]). Lin does not explicitly disclose that the drive motor is a rotary electromagnetic.
However, Fang, directed to a safety cigarette, discloses a driving mechanism for a tank spring block (i.e., cover) comprising of an annular electromagnet (18), pushing block (7), straight gear (27), and rotating shaft (28). The electromagnet creates a rotary sliding mechanism by pushing against the block/cover which slides out to cover the opening above the cigarette tank via the rotatably connected straight gear connected to the rotating shaft (Figs. 1-2; [0019]; electromagnet is considered a rotary magnet as it drives the cover via rotatable gears).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the driving mechanism comprising a drive motor as disclosed by Lin with a rotary electromagnet driving mechanism as disclosed by Fang, as both are directed to a cigarette driving mechanism/apparatus, where one ordinarily skilled in the art could substitute one known driving mechanism (i.e., drive motor) as disclosed by Lin, with another known driving apparatus (i.e., rotary electromagnet) as disclosed by Fang, and expectedly yield a cover capable of moving along the lateral direction of a cigarette/smoking set using a rotary electromagnet without impacting the device’s ability detect and heat an inserted cigarette.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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