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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/20/2026 has been entered.
Status of the Claims
Claims 1-18 are currently pending and are subject to this office action. Claims 1 and 16 are amended. Claim 15 is withdrawn. This office action is in response to Applicant’s amendment filed on 05/20/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 05/20/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 6-9, filed 05/202/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the two fixing ends of the finished element are each configured to be received within a hole on the bracket”. However, upon further consideration, a new ground(s) of rejection is made in view of Li (US 20170202268 A1).
Applicant’s arguments, on pages 6-9, filed 05/202/2026, with respect to the rejection of claim 16 under 35 U.S.C. 102 have been fully considered and are persuasive. The Applicant has amended claim 16 to include a limitation that was not previously presented, specifically, “wherein the finishing element is configured to be inserted in a direction traverse to the direction of the device axis”. However, upon further consideration, a new ground(s) of rejection is made in view of Laasko (US 20170347709 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 13: “finished element” should read “finishing element”
Appropriate correction is required.
Claim 16 is objected to because of the following informalities:
Line 13: “direction traverse” should read “direction transverse”
Appropriate correction is required.
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, 3, 4, 5, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1), and further in view of Li (US 20170202268 A1).
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With regard to Claim 1, Watanabe teaches (i) an inhaler with a cap (Fig. 2: #70), relating to the bracket of the claimed invention. (ii) The cap (Fig. 2: #70) supports a cartridge (Fig. 2: #20), lead wires (Fig. 2: #51, [0055-0056]), and seals a tank (Fig. 2: #31, [0055]) within the device. The inhaler comprises a housing (Fig. 2: #30), relating to the outside casing of the claimed invention, and a cover (Fig. 2: #60), meeting the claim limitation of a finishing element.
(iii)The housing (Fig. 2: #30) creates an interior of the device and comprises a side surface (Fig. 5: “Y”) extending along a longitudinal axis of the device. (iv) The housing (Fig. 2: #30) defines a housing body (Fig. 2: #30a) that forms a slot and extends along the side surface (Fig. 5: “Y”) between two side ends of the housing body. (v) The cap (Fig. 2: #70) is detachable from the cartridge (Fig. 2: #20) and is inserted at an opening (Fig. 2: “O”) at the top of the housing (Fig. 2: #30) as seen in Figures 2 and 3 [0053].
(vi) The opening (Fig. 2: “O”) at the top of the housing is perpendicular to the longitudinal axis of the device. (vii) A cover (Fig. 2: #60), relating to the finishing element of the claimed invention, is configured to be attached to the housing body (Fig. 2: #30a) and comprises two fixing ends (Fig. 2: “F”) in between a flat surface (Fig. 2: “S”) of the cover (Fig. 2: #60). (viii) The two fixing ends (Fig. 2: "F") protrude from the bottom of the flat surface (Fig. 2: "S") and retain the cap (Fig. 2: #70) within the housing (Fig. 2: #30) upon insertion of the cover (Fig. 2: #60) within the housing body (Fig. 2: #30a) by covering and securing the region of the device comprising the cap (Fig. 2: #70. Watanabe teaches all the limitations of the claims as set forth above, however Watanabe is silent to:
Wherein the two fixing ends of the finished element are each configured to be received within a hole on the bracket
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Li, directed to an atomizer and electronic cigarette, teaches two protruding guiding elements (Fig. 8: #123) of a cover (Fig. 8: #120) that are each configured to be received within two sliding slots (Fig. 8: #114) of a first end (fig. 8: #110) of a housing [0050]. One of ordinary skill in the art would have been motivated to modify the bracket of modified Watanabe to include the holes of Li to attach and position the cover securely relative to the bracket [0050].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the bracket of modified Watanabe to wherein the two fixing ends of the finished element are each configured to be received within a hole on the bracket because both Li and Watanabe are directed to removable covers in aerosol generating devices. Li teaches two sliding slots which receive two protruding guide elements to attach and position the cover securely [0050] and this merely involves applying a known securing technique to a known aerosol generating device, ready for improvement to yield predictable results.
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With regard to Claim 3, Watanabe teaches wherein the slot formed by the housing body (Fig. 2: #30a) extends along a longitudinal axis (Fig. 5: “Y”) of the device.
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With regard to Claim 4, Watanabe teaches wherein the housing body (Fig. 2: #30a) creates a slot opening on the side of the housing (Fig. 2: #30).
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With regard to Claim 5, Watanabe teaches wherein the cover (Fig. 5: #60) creates a smooth surface with the side surface (Fig. 5: “S”) of the housing (Fig. 5: #30) when attached to the housing body [0043].
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With regard to Claim 17, Watanabe teaches wherein the cap (Fig. 2: #60) extends along the longitudinal axis of the device.
Claims 2, 6, 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1) and Li (US 20170202268 A1), as applied to claim 1 above, and further in view of Alarcon (US 20180020728 A1).
With regard to Claim 2, modified Watanabe teaches all the limitations of the claims as set forth above. However modified Watanabe is silent to:
Wherein the outside casing is made of a single piece
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Alarcon teaches a housing of an electronic cigarette (Fig. 1: #10) made of a singular piece to accommodate internal components of the device [0027].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the outside casing of modified Watanabe to be made of a single piece because both Watanabe and Alarcon are directed to improving ease of assembly of parts in an aerosol generating device. Alarcon teaches a housing that is a singular piece to accommodate internal components of the device [0027] and this merely involves applying a known structure to a housing of a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 6, Watanabe teaches wherein (i) the housing body forms an inner cutout portion (Fig. 2: #35) creating an edge to receive the fixing ends (Fig. 2: “F”) of the cover (Fig. 2: #60). One of ordinary skill in the art would find it obvious to modify the cutout portion of the cover to be shaped like a chamfer to ease insertion of assembly of the cover with the housing body. The result of using a chamfer instead of a regular edge is predictable and yields no unexpected result as both are used to secure the finishing element into place. (ii) The flat surface (Fig. 2: “S”) of the cover (Fig. 2: #60) slants down into the fixing ends (Fig. 2: “F”), as the fixing ends are not straight down from the flat surface (Fig. 2: “S”). (iii) The fixing ends (Fig. 2: “F”) are meant to correspond to an inner cutout portion (Fig. 2: #35) at the sides of the housing body (Fig. 2: #30a).
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With regard to Claim 7, Watanabe teaches the cover (Fig. 2: #60) with two fixing ends (Fig. 2: "F"). The two fixing ends (Fig. 2: "F”) comprise locking components (Fig. 2: "L1" and "L2") which contact a first surface (Fig. 2: #36a) of the housing body (Fig. 2: #30a) when the cover is attached to the device [0043].
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With regard to Claim 8, Watanabe teaches wherein the housing body forms an inner cutout portion (Fig. 2: #35) creating an edge to receive the fixing ends (Fig. 2: “F”) of the cover (Fig. 2: #60). The cutout portion (Fig. 2: #35) contacts the sides of the housing (Fig. 2: #30) and a side surface (Fig. 2: #73) of the cap (Fig. 2: #70) when inserted, as shown in Figure 2. The locking components (Fig. 2: “L1” and “L2”) are pressed into the cutout portion (Fig. 2: #35) at the sides of the housing and side surface of the cap (Fig. 2: #73) when the cover (Fig. 2: #60) is inserted.
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With regard to Claim 9, Watanabe teaches (i) a first locking component (Fig. 2: “L1”) that is inserted into the cutout portion (Fig. 2: #35) of the housing body (Fig. 2: #30a, [0046]). (ii) A second locking component (Fig. 2: “L2”) is also inserted into the cutout portion (Fig. 2: #35) of the housing body (Fig. 4: #30a, [0046]). A person of ordinary skill in the art would understand that based on the design of the device, the locking component is most likely made of a rigid material. Although, both components are rigid, flexibility does not create a new unexpected result and can be considered an obvious design choice, as both components are meant to fit into the housing body (Fig. 4: #30a), similar to the accommodation portion of the claimed invention.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1) and Li (US 20170202268 A1), as applied to claim 1 above, and further in view of Liu (CN 207653570 U, hereinafter citations referring to English Machine Translation).
With regard to Claim 10, modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
Wherein the finishing element forms a peg hole between the flat portion and one of the fixing ends or between the flat portion and edge delimiting the fixation slot
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Liu, directed to a battery assembly and electronic cigarette, teaches a first end (Fig. 1: #200) that forms a hole (Fig. 1: "H") between a flat portion of the first end (Fig. 1: #200) and an end of the first end that is fixed onto a second side surface (Fig. 1: #402) of a second end (Fig. 1: #300). A person of ordinary skill in the art would be motivated to include the hole of Liu to the finishing element of modified Watanabe to strengthen the attachment between the two ends of the device [0062].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the finishing element of modified Watanabe to form a peg hole between the flat portion and one of the fixing ends or between the flat portion and edge delimiting the fixation slot because both Watanabe and Liu are directed to improving the overall user experience for aerosol generating devices. Liu teaches a hole formed in a first end to strengthen the attachment between the two ends of the device [0062] and this merely involves applying a known hole to an end of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 11¸ modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
A peg configured to be inserted into the peg hole when the finishing element is inserted into the fixation slot, to retain the finishing element into the fixation slot
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Liu teaches wherein a screw (Fig. 1: "S"), relating the peg of the claimed invention, is inserted into the hole (Fig. 1: "H') when the first end (Fig. 1: #200) is fixed on the second end (Fig. 1: #300) to strengthen the connection between the two ends.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the finishing element of modified Watanabe comprise a peg configured to be inserted into the peg hole when the finishing element is inserted into the fixation slot, to retain the finishing element into the fixation slot because both Watanabe and Liu are directed to improving the overall user experience for aerosol generating devices. Liu teaches a screw inserted into a hole formed in a first end to strengthen the attachment between the two ends of the device [0062] and this merely involves applying a known securing method to an end of an aerosol generating device ready for improvement to yield predictable results.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1), Li (US 20170202268 A1), and Liu (CN 207653570 U), as applied to claims 1 and 10 above, and further in view of Alarcon (US 20180020728 A1).
With regard to Claim 12, modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
Wherein at least one of the plurality of internal components corresponds to a printed circuit board comprising a protruding element arranged on the printed circuit board facing the peg hole when the finishing element is inserted into the fixation slot
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Alarcon, directed to an electronic cigarette, teaches a flexible circuit board (Fig. 2A: #221) inside the device comprising LED's (Fig. 2A: #220) that protrude from the top of the circuit board (Fig. 2A: #221) facing the upper part of the device when the device is assembled. One of ordinary skill in the art would be motivated to combine the location of the peg hole and finishing element of modified Watanabe with the circuit board of Alarcon because of their similarity in placement relative to an upper part of the device. Further, the LED protruding through the upper part of the device allows the user to have visual indications of the device’s functionality during use [0047].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the plurality of internal components of modified Watanabe to correspond to a printed circuit board comprising a protruding element arranged on the printed circuit board facing the peg hole when the finishing element is inserted into the fixation slot because both Watanabe and Alarcon are directed to improving ease of assembly of parts and providing efficient aerosol generation in an aerosol generating device. Alarcon teaches a circuit board comprising LEDs to allow the user to have visual indications of the device’s functionality during use [0047] and this merely involves applying a known LED feature to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 13, modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
Wherein the protruding element is an LED
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Alarcon teaches a flexible circuit board (Fig. 2A: #221) comprising LED's (Fig. 2A: #221) that protrude from the top of the circuit board (Fig. 2A: #221) facing the upper part of the device to allow the user to have visual indications of the device’s functionality during use [0047].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the protruding element of modified Watanabe to be an LED because both Watanabe and Alarcon are directed to improving ease of assembly of parts and providing efficient aerosol generation in an aerosol generating device. Alarcon teaches a circuit board comprising LEDs to allow the user to have visual indications of the device’s functionality during use [0047] and this merely involves applying a known LED feature to a known aerosol generating device ready for improvement to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1), Li (US 20170202268 A1), and Liu (CN 207653570 U), as applied to claims 1, 10, and 11, and further in view of Kuwa (US 20180360119 A1).
With regard to Claim 14, modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
Wherein the peg is made of at least partially transparent material
Kuwa, directed to a portable aerosol device, teaches a transparent plastic sealing screw [0076], relating to the peg of the claimed invention. One would be motivated to apply this material to the peg of modified Watanabe to allow light from the LED to enter through the screw and directly illuminate for a user to see [0076].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the peg of modified Watanabe to be made of at least partially transparent material because both Watanabe and Kuwa are directed to preventing liquid leakage in aerosol generating devices. Kuwa teaches a transparent plastic sealing screw to allow light from the LED to enter through the screw and directly illuminate for a user to see [0076] and this merely involves applying a known material to a screw of a known aerosol generating device ready for improvement to yield predictable results.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1), and further in view of Laasko (US 20170347709 A1).
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With regard to Claim 16, Watanabe teaches (i) an inhaler with a cap (Fig. 2: #70), relating to the bracket of the claimed invention. (ii) The cap (Fig. 2: #70) supports a cartridge (Fig. 2: #20), lead wires (Fig. 2: #51, [0055-0056]), and seals a tank (Fig. 2: #31, [0055]) within the device. The inhaler comprises a housing (Fig. 2: #30), relating to the outside casing of the claimed invention, and a cover (Fig. 2: #60), meeting the claim limitation of a finishing element.
(iii)The housing (Fig. 2: #30) creates an interior of the device and comprises a side surface (Fig. 5: “Y”) extending along a longitudinal axis of the device. (iv) The housing (Fig. 2: #30) defines a housing body (Fig. 2: #30a) that forms a slot and extends along the side surface (Fig. 5: “Y”) between two side ends of the housing body. (v) The cap (Fig. 2: #70) is detachable from the cartridge (Fig. 2: #20) and is inserted at an opening (Fig. 2: “O”) at the top of the housing (Fig. 2: #30) as seen in Figures 2 and 3 [0053]. The cap (Fig. 2: #70) is held fully within the housing (Fig. 2: #30) and does not extend beyond the boundary of the housing (Fig. 2: #30).
(vi) The opening (Fig. 2: “O”) at the top of the housing is perpendicular to the longitudinal axis of the device. (vii) A cover (Fig. 2: #60), relating to the finishing element of the claimed invention, is configured to be attached to the housing body (Fig. 2: #30a) and comprises two fixing ends (Fig. 2: “F”) in between a flat surface (Fig. 2: “S”) of the cover (Fig. 2: #60). (viii) The two fixing ends (Fig. 2: "F") protrude from the bottom of the flat surface (Fig. 2: "S") and helps retain the cap (Fig. 2: #70) within the housing (Fig. 2: #30) upon insertion of the cover (Fig. 2: #60) within the housing body (Fig. 2: #30a) by covering and securing the region of the device comprising the cap (Fig. 2: #70). Watanabe teaches all the limitations of the claims as set forth above, however Watanabe is silent to:
Wherein the finishing element is configured to be inserted in a direction transverse to the device axis
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Laasko, directed to a container for an aerosol generating device, teaches a cover (Fig. 1B: #14) that is inserted perpendicular to the vertical axis of the container (Fig. 1B: #10). One of ordinary skill in the art would find it obvious to modify the insert direction of the finishing element of modified Watanabe to wherein the finishing element is inserted perpendicular relative to the device to provide controlled movement of the cover while promoting convenient insertion and removal [0021].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the finishing element of modified Watanabe to wherein the finishing element is configured to be inserted in a direction traverse to the device axis because both Watanabe and Laasko are directed to slidable covers of aerosol generating devices. Laasko teaches a cover inserted perpendicular to a container axis to provide controlled movement of the cover while promoting convenient insertion and removal [0021] and this merely involves applying a known configuration to a known aerosol generating device, ready for improvement, to yield predictable results.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 20190357597 A1) and Li (US 20170202268 A1), as applied to claim 1 above, and further in view of Lai (WO 2019113975 A1, hereinafter citations referring to English Machine Translation).
With regard to Claim 18, modified Watanabe teaches all the limitations of the claims as set forth above, however modified Watanabe is silent to:
Wherein the finishing element is partially received within the bracket
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Lai, directed to an electronic cigarette, teaches a decorative cover (Fig. 4: #350) that slidably engaged within structural portions of a mounting bracket (Fig. 4: #313, [0028]). One of ordinary skill in the art would have found it obvious to modify the bracket of modified Watanabe to include structural portions or grooves to improve stability and ease of assembly of the finishing element [0029].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the bracket of modified Watanabe to wherein the finishing element is partially received within the bracket because both Watanabe and Lai are directed to improving stability of components in aerosol generating devices. Lai teaches a cover engaged with structural portion of a bracket to improve stability and ease of assembly of the finishing element [0029] and this merely involves applying a known securing technique to a known bracket ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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