DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s remarks filed February 5, 2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the a recess and a dimple must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200114094 A1 (hereinafter ATKINS).
Regarding claim 1, ATKINS discloses an aerosol-generating device (Fig. 1A, vaporizer 10, ¶108), comprising: a capsule (Fig. 1A, vaporizer cartridge 52, ¶119) including an aerosol-forming substrate (Fig. 1B, vaporizable material 2, ¶130). ATKINS discloses a conductive component (Fig. 2, heating element 100, ¶139) including a first end section (Fig. 2, top connecting portion 106 of heater 100, ¶141), an intermediate section (Fig. 2, heating portion 104, ¶141), and a second end section (Fig. 2, bottom connecting portion 106 of heater 100, ¶141), the intermediate section configured to heat the aerosol-forming substrate (¶142), the first end section and the second end section each having at least one surface discontinuity (Fig. 2, combination of fold line 107 and cartridge contact 65, ¶147).
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ATKINS further discloses a device body (Fig. 1A, vaporizer body 50, ¶119) configured to engage with the at least one surface discontinuity of each of the first end section and the second end section of the conductive component so as to establish an electrical connection with the capsule (¶122, ¶129).
ATKINS teaches that the device body includes connector pins (Fig. 1A, receptacle contacts 62, ¶122, ¶129) that the cartridge contacts 65 and receptacle contacts 62 can take various forms including conductive pins, tabs, posts (¶129). A person of ordinary skill in the art would obvious use the teachings of ATKINS to select connector pins to establish the connection as an embodiment for connection taught in ATKINS. This connection would cause better physical contact between the cartridge and body (¶129).
Regarding claim 2, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches wherein the at least one surface discontinuity includes one or more structurally-vulnerable portions configured to serve as focused points of contact with the connector pins during an establishment of the electrical connection. ATKINS teaches several embodiments of the heating element 100. The fold line 107 is considered to read upon a structurally-vulnerable portion insomuch as the heater is bent at this portion (¶147). ATKINS teaches additional embodiments with fold lines, in particular Fig. 55A with fold line 23 (¶157). ATKINS teaches that this bent portion may be exposed to the environment to ensure contact with the receptacle contacts (¶152).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of the various embodiments of ATKINS to provide wherein the at least one surface discontinuity includes one or more structurally-vulnerable portions configured to serve as focused points of contact with the connector pins during an establishment of the electrical connection. A person of ordinary skill in the art would obviously provide a vulnerable portion at the surface discontinuity to properly position the heating element (¶151). Further a person would expose these ends to be the contacting portion to ensure contact between the heating element and receptable contacts (¶152). Doing so would urge the cartridge contact into secure contact with the receptacle contacts to cause better electrical contact (¶129).
Regarding claim 3, ATKINS teaches the aerosol-generating device of claim 2. ATKINS further teaches the one or more structurally-vulnerable portions are configured to physically yield from an engagement with the connector pins during the establishment of the electrical connection. This is rejected for the same reasons as claim 1 and 2. ATKINS teaches that the contacts urge one and other to cause physical and electrical contact (¶129). A person of ordinary skill in the art would immediately recognize that this urging is a description of “physically yield” to form the contact. See also ¶148.
Regarding claim 4, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further discloses the at least one surface discontinuity includes one or more edges. This can be seen in at least Fig. 2 above as the cartridge contact 65 has edges. Also see additional embodiments, see figs. 51-53, 55.
Regarding claim 5, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches the at least one surface discontinuity includes a rim. When folded the line along which the heater was folded is considered to read upon the claimed limitation of rim. See annotated Figs. 39-40.
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Regarding claim 6, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches the at least one surface discontinuity is a machined portion of the first end section and the second end section that is configured to receive an electric current.
ATKINS teaches that the heating element can be made (e.g. stamped) from a sheet of material and crimped (¶134). ATKINS teaches that the element may then be bent so that it secures to the wicking element and that the configurations of the heating element allow for more consistent and enhanced quality of the heating element (¶134). ATKINS further teaches that the formation of the heating element ensures that the element behaves predictably to be heated to the appropriate temperature (¶135). The substrate material that forms the heating element is cut and/or stamped into the proper shape (¶139). ATKINS further teaches that the cartridge contacts 65 themselves are stamped (¶141).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of ho to form the heating element of ATKINS to provide the at least one surface discontinuity is a machined portion of the first end section and the second end section that is configured to receive an electric current. A person of ordinary skill in the art would obviously machine portions of the first end section and the second end section. Doing so would allow for more consistent and enhanced quality of the heating element (¶134) and ensure heating to the appropriate temperature (¶135).
Regarding claim 7, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches the at least one surface discontinuity is an opening in a surface of each of the first end section and the second end section.
ATKINS teaches many embodiments with surface discontinuities. ATKINS teaches that the end sections may include a location feature 116 (Fig. 2, ¶145). ATKINS teaches that the addition of the locating surface (Shown with an opening on Fig. 14) is used for relative location of the heating element during and/or after assembly with the cartridge (¶145). ATKINS teaches another embodiment wherein the contact 65 has a retainer 99 with a tip portion 99A. As can be seen in Fig. 44, this embodiment includes an opening in the surface. ATKINS teaches that this configuration reduce the likely hoods that the retainer portion will contact another portion of the cartridge (¶191).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of the various embodiments of ATKINS to provide the at least one surface discontinuity is an opening in a surface of each of the first end section and the second end section. A person of ordinary skill in the art would obviously provide an opening in the surface of the first and second end sections. Doing so would properly locating the heating element (¶145, ¶191).
Regarding claims 8-9, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches wherein the opening is a recess and wherein the recess is a dimple. As informed by applicant’s specification (See PG Pub of instant application US 20240148060 A1, ¶12, ¶284, a recess is a dimple, applicant discloses that these are used interchangeable. Further application does not include drawings that inform what the differences may be, so it is presumed that they are the same.). Therefore the element of annotated Fig. 44 below is configured to read upon both. As explained in the rejection of claim 7 above, a person of ordinary skill in the art would include opening (recesses and dimples) to properly position the heating element with predictable results.
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Regarding claim 10, ATKINS teaches the aerosol-generating device of claim 7. ATKINS further teaches the opening is a through hole in each of the first end section and the second end section. As explained in the rejection of claim 7 and at least shown in Fig. 14, the opening is a through hole that would obviously be provided by a person of ordinary skill in the art to properly locating the heating element (¶145, ¶191).
Regarding claim 11, ATKINS teaches the aerosol-generating device of claim 7. ATKINS further teaches the opening has a shape of a circle. This is rejected for the same reason given in the rejection of claim 10.
Regarding claim 12, ATKINS teaches the aerosol-generating device of claim 11. ATKINS does not disclose wherein the circle has a diameter between 0.3 mm to 0.5 mm. ATKINS is silent as to the dimensions of the vaporizer. However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the vaporizer of ATKINS would be made such that the circle has a diameter between 0.3 mm to 0.5 mm which would result in a device that can be portable and handheld as well as optimized to ensure that the lengths of the electrical contacts and positioning are able to position the heating portion (¶147)..
A change in size, in this case choosing the diameter of a circle, is generally recognized as being within the level of one of ordinary skill in the art absent evidence that the change in size results in a difference in performance. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claim 13, ATKINS teaches the aerosol-generating device of claim 1. ATKINS does not disclose the at least one surface discontinuity is a chamfer on a surface of each of the first end section and the second end section.
ATKINS teaches that the cartridge contacts 65 and receptacle contacts 62 can take various forms including conductive pins, tabs, posts (¶129). A person of ordinary skill in the art would obvious use the teachings of ATKINS to select a shape of a chamfer to engage with connector pins to establish the connection as an embodiment for connection taught in ATKINS. This connection would cause better physical contact between the cartridge and body (¶129). Further Although it is not taught that the surface discontinuity is a chamfer, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Regarding claim 14, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further discloses wherein the aerosol- forming substrate includes a plant material (¶111).
Regarding claim 15, ATKINS teaches the aerosol-generating device of claim 14. ATKINS further discloses wherein the plant material includes tobacco (¶111).
Regarding claim 16, ATKINS teaches the aerosol-generating device of claim 1. ATKINS teaches wherein the connector pins are configured to be seated within the at least one surface discontinuity of each of the first end section and the second end section. ATKINS teaches that the cartridge contacts 65 and receptacle contacts 62 can take various forms including conductive pins, tabs, posts (¶129). A person of ordinary skill in the art would obvious use the teachings of ATKINS to select a shape of a chamfer to engage with connector pins to establish the connection as an embodiment for connection taught in ATKINS. This connection would cause better physical contact between the cartridge and body (¶129). The limitations of this claim are considered to be a recitation of how a pin connection works that would be obvious to one of ordinary skill in the art to make an electrical connection.
Regarding claim 17, ATKINS teaches the aerosol-generating device of claim 1. ATKINS teaches the connector pins are configured to engage with the at least one surface discontinuity such that an engagement force therebetween is focused at a plurality of distinct contact points for each surface discontinuity. ATKINS teaches that the vaporizer cartridge can include corresponding recessed that can fit, receive, and/or otherwise snap over detents when an end of the vaporizer cartridge is inserted into the cartridge receptacle on the vaporizer body (¶126). This engagement is considered to read upon a force applied to the cartridge to engage it with the body that results in the plurality of contact points illustrated in at least Fig. 44 illustrating 4 contact points to electrically connect the heating element of the cartridge to the body. A person of ordinary skill in the art would immediately recognize that the disclosure of ATKINS teaches multiple ways that the cartridge and body are urged (i.e.) forced together to make electrical connections (See ¶129). This would yield predictable results See D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143, I., (D)).
Regarding claim 18, ATKINS teaches the aerosol-generating device of claim 1. Although it is not taught that connector pins has a quadrilateral cross-section, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Regarding claim 19, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches the connector pins include voltage pins configured to engage with the at least one surface discontinuity of each of the first end section and the second end section of the conductive component.
ATKINS teaches that the electrical connections can be chosen to maintain a low resistance in the electrical path in the heating element (¶157). ATKINS teaches that this will reduce electrical and/or heat losses and compensate for any voltage drop.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of the various embodiments of ATKINS to provide the connector pins include voltage pins configured to engage with the at least one surface discontinuity of each of the first end section and the second end section of the conductive component. A person of ordinary skill in the art would obviously control the voltage to help concentrate current flowing to the heating portion. Doing so would reduce electrical and/or heat losses in the electrical path and to compensate for the voltage drop (¶158).
Regarding claim 19, ATKINS teaches the aerosol-generating device of claim 1. ATKINS further teaches wherein the connector pins are gold plated.
ATKINS teaches that the electrical connections can be plated with gold or other material that provides low contact resistance (¶159). ATKINS teaches that this will reduce electrical and/or heat losses and compensate for any voltage drop (¶157-¶158).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of the various embodiments of ATKINS to provide wherein the connector pins are gold plated. A person of ordinary skill in the art would obviously control the voltage to help concentrate current flowing to the heating portion. Doing so would reduce electrical and/or heat losses in the electrical path and to compensate for the voltage drop (¶158).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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