Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 10/23/2025 have been fully considered but they are not persuasive.
The Applicant argued that Fujimori did not disclose an “aerosol generation device”. Fujimori does not disclose that the device generates aerosol.
The Examiner takes position that the term “aerosol generation device” is in the preamble and requires a description in the body of the claim. The term “the device generates aerosol” was not in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 6, 11 – 16, 18, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujimori (US 20060264703).
Regarding claim 1, Fujimori discloses, in Fig. 1, an aerosol generation device comprising:
a first rigid printed circuit board (power source board 20R4) arranged in a first plane; and
a first flexible printed circuit (FPC 20F);
wherein the first rigid PCB is attached to a first portion of the first FPC (the portion of 20F attached to 20R4),
the first portion of the first FPC (the plane through 20R5) is arranged in a second plane that is substantially parallel to and different from the first plane, and
a second portion of the first FPC (the portion connecting 20R5 and 20R4) connects the first portion of the first FPC to the first rigid PCB.
Regarding claim 2, Fumimori discloses the aerosol generation device according to claim 1, comprising: a second FPC (the portion of 20F attached to 20R3); wherein the first rigid PCB is attached to a portion of the second FPC, a first portion of the second FPC is arranged in a third plane (the plane through 20R3) that is substantially parallel to and different from the first plane and the second plane, and a second portion (the portion between 20R3 and 20R4) of the second FPC connects the first portion of the second FPC portion to the first rigid PCB.
Regarding claim 3, Fujimori discloses the aerosol generation device according to claim 2, wherein the second plane faces a first surface of the first rigid PCB and the third plane faces a second surface of the first rigid PCB that is opposite the first surface of the first rigid PCB (Fig. 1); wherein at least part of the first portion of the first FPC faces the first surface of the first rigid PCB (Fig. 1), and/or wherein at least part of the first portion of the second FPC faces the second surface of the first rigid PCB.
Regarding claim 4, Fujimori discloses the claimed invention as set forth in claim 1. Fujimori discloses the first rigid PCB, the first portion of the first FPC, and the second portion of the first FPC form a first curved or bent shape in a transversal plane of the aerosol generation device (the curve between 20R5 and 20R4).
Regarding claim 5, Fujimori discloses the claimed invention as set forth in claim 4. Fujimori further discloses the first rigid PCB, the first portion of the second FPC, and the second portion of the second FPC form a second curved or bent shape in a transversal plane of the aerosol generation device (the curve between 20R4 and 20R3).
Regarding claim 6, Fujimori discloses the claimed invention as set forth in claim 5. Fujimori further discloses the first curved or bent shape and the second curved or bent shape are curved or bent in a same direction (all the curved bent in the same direction, Fig. 1).
Regarding claim 11, Fujimori The aerosol generation device according to claim 1, further comprising an aerosol generation means for receiving and/or interfacing with a consumable comprising an aerosol generation substrate for generating an aerosol from the aerosol generation substrate, wherein the aerosol generation means is provided substantially at a first end of the aerosol generation device (the device is configured to send/receive wireless transmission; paragraph 5 and 6).
Regarding claim 12, Fujimori discloses the claimed invention as set forth in claim 1. Fujimori further discloses a power supply (battery 10), wherein at least a portion of the first FPC wraps around at least a portion of the power supply (Fig. 1) and, in a transversal plane of the aerosol generation device, at least a portion or all of the of the power supply is arranged between the first portion of the first FPC and the first rigid PCB.
Regarding claim 13, Fujimori discloses the claimed invention as set forth in claim 1. Fujimori further suggests less than 40% of an interior volume of the aerosol generation device that is defined by a housing of the aerosol generation device as an outer boundary is unoccupied and can be filled with air (the interior space of the housing is less than 40% of the volume; Fig. 1).
Regarding claim 14, Fujimori discloses the claimed invention as set forth in claim 1. Fujimori further suggests when not arranged in the aerosol generation device, the first FPC is arranged in substantially the same plane as the first rigid PCB with the first FPC in a substantially planar shape to form a substantially planar aggregate shape (Fig. 2), wherein the first rigid PCB and the first FPC overlap only at portions where the first FPC is connected and/or attached to the first rigid PCB (Fig. 1 and 2).
Regarding claim 15, Fujimori discloses the claimed invention as set forth in claim 2. Fujimori further suggests when not arranged in the aerosol generation device, the first FPC is arranged in substantially the same plane as the first rigid PCB with the first FPC in a substantially planar shape to form a substantially planar aggregate shape (Fig. 2), wherein the first rigid PCB and the first FPC overlap only at portions where the first FPC is connected and/or attached to the first rigid PCB (Fig. 1 & 2), wherein the second FPC is arranged in substantially the same plane as the first rigid PCB with the second FPC into a substantially planar shape to form a substantially planar aggregate shape with the first rigid PCB and the first FPC, and wherein the first rigid PCB and the first FPC and the second FPC overlap only at portions where the first FPC and the second FPC are respectively connected and/or attached to the first rigid PCB (Fig. 2).
Regarding claim 16, Fujimori discloses the claimed invention as set forth in claim 9. Fujimori further suggests when not arranged in the aerosol generation device, the first FPC is arranged in substantially the same plane as the first rigid PCB with the first FPC in a substantially planar shape to form a substantially planar aggregate shape (Fig. 2), wherein the first rigid PCB and the first FPC overlap only at portions where the first FPC is connected and/or attached to the first rigid PCB, wherein the second FPC is arranged in substantially the same plane as the first rigid PCB with the second FPC in a substantially planar shape to form a substantially planar aggregate shape with the first rigid PCB and the first FPC, and wherein the first rigid PCB and the first FPC and the second FPC overlap only at portions where the first FPC and the second FPC are respectively connected and/or attached to the first rigid PCB, wherein the second rigid PCB, or the third FPC and the second rigid PCB is arranged in substantially the same plane as the first rigid PCB with the first FPC with the third portion or the second FPC with the third portion, or with the third FPC in a substantially planar shape, to form a substantially planar aggregate shape with the first rigid PCB and the first FPC and the second FPC, or with the first rigid PCB and the first FPC and the second FPC and the third FPC, wherein the first rigid PCB and the second rigid PCB and the first FPC and the second FPC, or the first rigid PCB and the second rigid PCB and the first FPC and the second FPC and the third FPC, overlap only at portions where the first FPC and the second FPC, or at portions where the first FPC and the second FPC and the third FPC are respectively connected and/or attached to the first rigid PCB and/or the second rigid PCB (Fig. 2).
Regarding claim 18, Fujimori discloses the claimed invention as set forth in claim 5. Fujimori further suggests the first curved or bent shape and the second curved or bent shape are curved or bent in opposite directions (the curve portions are in opposite direction, Fig. 1).
Regarding claim 19, Fujimori discloses the claimed invention as set forth in claim 18. Fujimori further suggests the first curved or bent shape and the second curved or bent shape together form a substantially “S”-letter shaped shape in a transversal plane of the aerosol generation device (S shape of the flexible circuit board, Fig. 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 - 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujimori (US 20060264703), in view of Perkins (US 20170027058).
Regarding claim 7, Fujimori discloses the claimed invention as set forth in claim 6.
Fujimori does not explicitly disclose the first curved or bent shape and the second curved or bent shape together form a substantially “E”-letter shaped shape in a transversal plane of the aerosol generation device.
Perkins suggests the flexible circuit board forming an “E” letter shape, Fig. 11.
It would have been obvious to one having skill in the art at the effective filing date of the invention to rearrange the shape of the flexible circuit board in order fit all the components in the limited space of the electronic device.
Regarding claim 8, Fujimori discloses the claimed invention as set forth in claim 2.
Fujimori does not explicitly the first rigid PCB has or comprises an elongated shape, and at least a portion of the first FPC and the second FPC extends in a direction that is parallel to a longitudinal axis of the first rigid PCB.
Perkins teaches the circuit board has an elongated shape having contacts for the flexible circuit board at the end, Fig. 5.
It would have been obvious to one having skill in the art at the effective filing date of the invention to change the shape of the component such as a substrate in order to fit all the substrate in the electronic device.
Regarding claim 9, Fujimori discloses the claimed invention as set forth in claim 8. Fujimori further suggests a second rigid PCB (20R3) that is connected to a third portion of the first FPC, or a third portion of the second FPC, or a third FPC of which a portion is attached to the first rigid PCB, wherein the second rigid PCB is arranged in a plane that is parallel to a transverse plane of the first rigid PCB (Fig. 1).
Regarding claim 10, Fujimori discloses the claimed invention as set forth in claim 9. Fujimori discloses the first FPC and the second FPC and the third FPC are formed by a single, integrally formed FPC (all portions of the flexible circuit board are part of the 20F).
Allowable Subject Matter
Claims 17, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
Regarding claim 17, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1, 2 and 8, a combination of limitations that when not arranged in the aerosol generation device, the first FPC is arranged in substantially the same plane as the first rigid PCB with the first FPC in a substantially planar shape to form a substantially planar aggregate shape, wherein the first rigid PCB and the first FPC overlap only at portions where the first FPC is connected and/or attached to the first rigid PCB, wherein a length of the aggregate shape is a maximum extension of the aggregate shape in a longitudinal direction of the aerosol generation device, and a width of the aggregate shape is a maximum extension of the aggregate shape in a transverse direction of the aerosol generation device in the first plane of the first rigid PCB, wherein a ratio between (i) a total area of the aggregate shape, and (ii) a total area of a rectangle that has the length and the width of the aggregate shape is larger than 30%. None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 20, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1, 2, and 8, a combination of limitations that when not arranged in the aerosol generation device, the first FPC is arranged in substantially the same plane as the first rigid PCB with the first FPC in a substantially planar shape to form a substantially planar aggregate shape, wherein the first rigid PCB and the first FPC overlap only at portions where the first FPC is connected and/or attached to the first rigid PCB, wherein a length of the aggregate shape is a maximum extension of the aggregate shape in a longitudinal direction of the aerosol generation device, and a width of the aggregate shape is a maximum extension of the aggregate shape in a transverse direction of the aerosol generation device in the first plane of the first rigid PCB, wherein a ratio between (i) a total area of the aggregate shape, and (ii) a total area of a rectangle that has the length and the width of the aggregate shape is larger than 90%. None of the reference art of record discloses or renders obvious such a combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Johnson (US 20160174378) discloses a flexible circuit board connecting the rigid circuit boards together, Fig. 3.
Miniet (US 4567543) discloses a flexible circuit board connecting the rigid circuit boards together, Fig. 3.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH B TRAN whose telephone number is (571)272-9289. The examiner can normally be reached M-F 8:00 AM - 6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy J Dole can be reached at 571-272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BINH B TRAN/Primary Examiner, Art Unit 2848