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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/03/2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed 03/03/2026.
Claims 1-4 and 7-15 are pending and are subject to this Office Action.
Claims 1 and 11-13 are amended.
Claims 5-6 are cancelled.
Claim 15 is previously withdrawn.
Response to Amendments
The Examiner notes that the objection to claim 1 for informalities and the 112 rejection of claim 11 for indefiniteness were withdrawn in the Advisory Action mailed 02/17/2026 due to Applicant’s amendments to the claims filed 02/03/2026.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 03/03/2026, with respect to the 103 rejection of claim 1 have been fully considered but they are not persuasive. Claim 1 has been amended to recite that the guide member includes a “first portion including a protrusion” and a “second portion including a hole”. Claim 1 did not previously require a first portion and a second portion as newly recited. However, prior art of record Liu, Chen ‘841, and Chen ‘977 still make obvious the claim as amended.
Modified Liu teaches guide members (see Annotated Fig. 1 below) that comprise an outer first portion (e.g., the outside portion of the depicted annular guide member) including the protrusion inserted into the coupling hole and an inner second portion (e.g., the inside portion of the depicted annular guide member) including the hole into which the screw is inserted.
The Examiner acknowledges that the instant specification and the prior art appear to have different connection mechanisms, and believes that the claims may further be amended to reflect this difference. For example, the Examiner suggests clarifying that one end portion comprises a hole to receive a screw and to couple to bracket 200 and another separate end portion comprises the protrusion 800p to couple to a coupling hole in PCB 300 (see the instant specification, Fig. 10, [0173]). For increased specificity, the Examiner suggests that the claims may describe the unique bending shape/angle to the guide member, as seen in Fig. 10.
The following is a modified rejection based on Applicant’s amendments to the claims.
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 1-4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 20210112858 A1) in view of Chen ‘841 (US 20180166841 A1) and Chen ‘977 (US 20200404977 A1).
Regarding claim 1, Liu teaches a body for an aerosol generating device (electronic cigarette; Fig. 2; [0079]) comprising:
a housing assembly (electronic cigarette housing II; Fig. 6; [0079]) including an accommodation space (receiving cavity 211; Fig. 7; [0079]) for receiving at least a portion of a cartridge (ultrasonic atomizer I; Fig. 2, Fig. 6; [0079]);
a battery (cell 47; [0111]) for supplying power to the cartridge received in the accommodation space;
a first printed circuit board (PCB 44; [0111]) located inside the housing assembly;
a bracket (second support 46; Fig. 12; [0111]) located inside the housing assembly and supporting the first printed circuit board and the battery ([0111]); and
a guide member (Annotated Fig. 1) coupled to at least one area of the bracket to maintain the first printed circuit board on the bracket (see Annotated Fig. 1; Liu Fig. 8), wherein the first printed circuit board includes a coupling hole and the guide member includes a protrusion (see Annotated Figure 2).
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Annotated Figure 1 (Annotated from Liu Fig. 12)
Liu does not explicitly teach (I) that the guide member protrusion is inserted into the coupling hole or (II) that the guide member is coupled to the bracket through a screw.
Regarding (I) Chen ‘841, directed to a battery compartment (100; [0051-0052]) comprising a battery ([0052]), a first printed circuit board (PCB 60), and a bracket (support 20) supporting the first printed circuit board and the battery, teaches that the first printed circuit board includes a coupling hole (fixing holes 62) and the bracket includes a protrusion (connecting piece 90) inserted into the coupling hole to secure the PCB to the support (Fig. 2; [0057]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by attaching the PCB to the bracket by inserting the protrusion into the coupling hole as taught by Chen ‘841 because Liu is directed to a device comprising a bracket to secure a battery and PCB and Chen ‘841 teaches a bracket to secure a battery and PCB, Chen ‘841 teaches a method for securing the PCB to the bracket, and this involves applying a known teaching to a similar product to yield predictable results.
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Annotated Figure 2 (Annotated from Liu Fig. 12)
Regarding (II), Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by making the guide part separable from the bracket, because one having ordinary skill in the art would expect this to make cleaning and repair easier, and making separable two components is prima facie obvious. See MPEP § 2144.04 (V)(C).
Furthermore, Chen ‘977, directed to a body for an aerosol generating device (cigarette rod 12; Figs. 15, 17; [0056]) including an accommodation space for receiving at least a portion of a cartridge (cartridge 11; [0056]) ([0058]), comprising a housing assembly (housing 171; [0133]), a battery (battery 127; [0056]), a printed circuit board (main control module 166; [0103]), and a bracket (battery holder 169; [0133]), teaches that screws may be used to attach components to the bracket ([0137]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by using a screw to attach the guide member to the bracket as taught by Chen ‘977, such that a screw is inserted through a hole in the guide member, because both Liu and Chen ‘977 are directed to aerosol generating bodies comprising brackets, Chen ‘977 teaches that it is known in the art to attach components to a bracket through a screw, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, Liu teaches that the housing assembly comprises:
a first housing (upper side housing 26; Fig. 9; [0087]) arranged in the accommodation space;
a second housing (lower side housing 27, first support 21; Fig. 10; [0087]) connected to at least one area of the first housing;
an outer housing (side housing 28, transparent block 39; Fig. 11; [0087]) arranged to cover at least a portion of outer circumferential surfaces of the first housing and the second housing ([0087]), and including an opening exposing an area of the first housing to the outside (Fig. 12);
and a cover (upper cover assembly III and top cover 31; Fig. 6, Fig. 9; [0087]) detachably coupled to the area of the first housing exposed through the opening (see portion of 26 indicated in Fig. 2).
Regarding claim 3, Liu teaches that the battery, the first printed circuit board, and the bracket are arranged in an arrangement space formed between the first housing and the second housing (Fig. 2; [0111]).
Regarding claim 4, Liu teaches that an area of the first printed circuit board is arranged on a first surface of the bracket, and the battery is arranged on a second surface of the bracket located opposite to the first surface (Fig. 2; [0111]).
Regarding claim 14, Liu teaches comprising a coupling member located inside the housing assembly, and coupled to the cartridge inserted into the accommodation space to maintain the cartridge inside the accommodation space ([0046-0047] teaches that atomizer is clamped by the elastic electrode and the first and second contact plates).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chen ‘841 and Chen ‘977 as applied to claim 2 above, and further in view of Goggin et al. (US 20160198771 A1).
Regarding claim 7, Liu does not teach that the first housing comprises magnets coupled to an area of the cover by magnetic force.
Goggin, directed to a body for an aerosol generating device comprising a housing assembly comprising a first housing (inner housing; [0080]) and an outer housing (outer housing 10; [0079]) including an opening exposing an area of the first housing to the outside and a cover (mouthpiece 40; [0081]) detachably coupled to the area of the first housing exposed through the opening (Fig. 2), teaches a first magnet coupling portion (magnet 52) coupled to an area of the cover 40 by magnetic force ([0081]); a magnet cover arranged to cover the first magnet coupling portion to protect the first magnet coupling portion ([0012] teaches that the magnet coupling portion may be disposed in the first body, which would constitute a cover); and a second magnet coupling portion located in the first housing and coupled to another area of the cover by magnetic force ([0081] teaches multiple magnets 52).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by detachably coupling the cover using a first magnet coupling portion coupled to an area of the cover by magnetic force and embedded in the first housing that acts as a magnet cover arranged to cover the first magnet coupling portion to protect the first magnet coupling portion, and a second magnet coupling portion embedded within the first housing such that it is located between the first housing and the battery and coupled to another area of the cover by magnetic force as taught by Goggin because both Liu and Goggin are directed to aerosol generating devices with housing assemblies including covers, Liu is silent as to the exact attachment mechanism of the cover and one with ordinary skill would be motivated to look to prior art for a known and suitable detachable attachment mechanism, and this involves applying a known teaching to a similar product to yield predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chen ‘841 and Chen ‘977 as applied to claim 2 above, and further in view of Yang et al. (US 20210145058 A1).
Regarding claim 8, Liu does not teach an air detecting sensor and a protective member.
Yang, directed to a body (body 100B; [0025]) for an aerosol generating device (vaporization device 100; [0025]) comprising a housing assembly (body housing 24; [0098]) including an accommodation space (receiving portion 24r; [0108]) for receiving at least a portion of a cartridge (cartridge 100A; [0025]), a battery (power supply component 18; [0082], [0097]) for supplying power to the cartridge received in the accommodation space ([0026-0027]), a first printed circuit board (circuit board 12; [0082]) located inside the housing assembly, and a bracket (power supply component 23; Fig. 5A; [0082]) located inside the housing assembly and supporting the first printed circuit board ([0089]) and the battery ([0096]), teaches an air detecting sensor (sensor 11; Fig. 7B) arranged in an aera of the accommodation space configured to detect air flowing into the accommodation space from the outside ([0082-0083]); and a protective member (sensor bracket 9) arranged to cover at least one area of the air detecting sensor and configured to protect the air detecting sensor (see Fig. 7B; [0113], [0082-0083]). Yang teaches that the addition of the sensor may be used to better control power supply ([0092]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by adding an air detecting sensor c configured to detect air flowing into the accommodation space from the outside and a corresponding protective member arranged to cover at least one area of the air detecting sensor and configured to protect the air detecting sensor as taught by Yang because both Liu and Yang are directed to similar bodies for aerosol generating devices, Yang teaches that it is known to add air detecting sensors and protective members to improve the device operation, and this involves applying a known teaching to a similar product to yield predictable results.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chen ‘841 and Chen ‘977 as applied to claim 2 above, and further in view of Lim (US 20200359695 A1).
Regarding claim 9, Liu teaches a second printed circuit board (key switch board 32; [0087]) arranged in the second housing (Fig. 2) and including a charging module (elastic electrode 40; [0101], [0104]).
Liu does not explicitly teach a first flexible printed circuit board electrically connecting the first printed circuit board to the second printed circuit board.
Lim, directed to a body for an aerosol generating device (aerosol generating device 10000; Fig. 7; [0034]) comprising a housing including an accommodation space for receiving a cartridge (cigarette 20000; [0034]), a battery (11000), a first printed circuit board (main PCB 410; [0073]), and a second printed circuit board (auxiliary PCB 420), teaches a first flexible printed circuit board (PCB 430; Fig. 4; [0082]) electrically connecting the first printed circuit board to the second printed circuit board. Lim further teaches using two PCBs and connecting with a flexible PCB to reduce the size of the device ([0088]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by connecting the first and second printed circuit boards using a first flexible circuit board as taught by Lim because both Liu and Lim are directed to aerosol generating device bodies comprising multiple PCBs, Lim teaches that it is known in the art to connect two printed circuit boards with a flexible circuit board, one having ordinary skill in the art would recognize that a connection between the two printed circuit boards would streamline operation of the device, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding claim 10, Liu teaches that the second printed circuit board comprises at least one electrical connection member (first contact plate 41; [0101]) to electrically connect the cartridge inserted into the accommodation space to the second printed circuit board.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chen ‘841 and Chen ‘977 as applied to claim 2 above, and further in view of Lim (US 20200359695 A1) and Nguyen (US 20200214360 A1).
Regarding claim 11, Liu teaches another printed circuit board (key switch board 32) located between the outer housing 28 and second housing 27 (Fig. 8, Fig. 10, Fig. 12 demonstrate that key switch board is between outer housing 28 (right side) and second housing 27 (left side)) and comprising a switch module for receiving a user input (key switch 321; [0088], [0006]).
Liu does not teach (I) that the other circuit board comprises a light source for emitting light as power is supplied from the battery or (II) another flexible printed circuit board electrically connecting the first printed circuit board to the other printed circuit board.
Regarding (I), directed to a body for an aerosol generating device (aerosol generating device 10000; Fig. 7; [0034]) comprising a housing including an accommodation space for receiving a cartridge (cigarette 20000; [0034]), a battery (11000), a first printed circuit board (main PCB 410; [0073]), and another printed circuit board (auxiliary PCB 420), teaches another flexible printed circuit board (PCB 430; Fig. 4; [0082]) electrically connecting the first printed circuit board to the other printed circuit board. Lim further teaches using two PCBs and connecting with a flexible PCB may reduce the size of the device ([0088]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by connecting the first and other printed circuit boards using another flexible circuit board as taught by Lim because both Liu and Lim are directed to aerosol generating device bodies comprising multiple PCBs, Lim teaches that it is known in the art to connect two printed circuit boards with a flexible circuit board, one having ordinary skill in the art would recognize that a connection between the two printed circuit boards would streamline operation of the device, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding (II), Nguyen, directed to a body for an aerosol generating device (vaporizer 100; Fig. 1A-1B; [0017]) comprising a housing assembly (housing 102) including an accommodation space (Fig. 1B) for receiving at least a portion of a cartridge (capsule 118), a battery (battery 108) for supplying power to the cartridge received in the accommodation space ([0017]), a first printed circuit board (PCB 106) located inside the housing assembly, and a bracket (electronic housing 104) located inside the housing assembly and supporting the first printed circuit board and the battery (Fig. 1B), teaches that the PCB comprises a light source (LED assembly including LED diffuser 116 inserted in housing 102) for emitting light to indicate operating and battery conditions ([0017]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by adding the light source assembly to the other PCB as taught by Nguyen to provide indications to the user because both Liu and Nguyen are directed to bodies for aerosol generating devices, Nguyen teaches the addition of a light source to a PCB to indicate to a user, and this involves applying a known teaching to a similar product to yield predictable results.
It would further be obvious to modify Liu such that the decorative block 29 blocking the other PCB would have an outlet opening onto which the LED diffuser 116 is placed as shown in Nguyen Fig. 1B such that the light could be seen by the user.
The Examiner notes that, as the LED is taught to indicate operating and battery conditions throughout use of the device, it would be capable of being configured to emit light as power is supplied from the battery.
Regarding claim 12, Liu teaches a button assembly (transparent block 39, decorative block 29 and key switch 321; [0088]) arranged in an area of the outer housing corresponding to the other printed circuit board (key switch board 32), wherein the switch module receives the user input that is input to the button assembly ([0088]).
Regarding claim 13, Liu teaches that the button assembly comprises a button portion (transparent block 39) arranged in at least one area of the outer housing; an elastic member (decorative block 29 acts as an elastic member under the elastic force of compression spring 33; [0098]) covering at least one area of the other printed circuit board (Fig. 3) and including at least one hole through which light emitted from the light source passes (see Nguyen Fig. 1B); and a diffusion member (see Nguyen LED diffuser 116) located between the button portion 39 and the elastic member 29 (as modified, the LED diffuser would fit onto the hole such that it is between the button portion 39 and the elastic member 29) and configured to diffuse light emitted from the light source.
Conclusion
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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