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 amendments and remarks filed December 23, 2025. Claim 1 has been amended. Claims 1-14 are pending and stand rejected.
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 1-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 208002099 U (hereinafter TAN) in view of US 20200029625 A1 (hereinafter TYGETT).
Regarding claim 1, TAN discloses an electromagnetic induction heating for a tobacco shred burning device (abstract). TAN discloses an aerosol-generating device (page 1) comprising: a housing (Figs. 1-4, main body 11, page 3) comprising an inner wall (Fig. 2, glass tube 12, page 3) to define an insertion space (Fig. 3, receiving cavity 16,) therein and an outer wall surrounding an outer side of the inner wall to define a coil reception space formed between the inner wall and the outer wall, wherein each of the insertion space and the coil reception space have an opening at one side (See annotated Fig. 3 below).
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TAN further discloses a heating coil (Figs. 1-4, induction coil 13, page 3) wound around the outer side of the inner wall and disposed in the coil reception space. TAN further discloses a cover (Figs. 1-4, cover 2, page 3) configured to cover the opening of the coil reception space and comprising an insertion port (Fig. 3, first air passage 221, page 3) allowing communication between the insertion space and an outside of the housing, wherein the cover comprises a sealing protrusion (Fig. 3, glass cover 22 and gasket 23, page 3) positioned between the opening of the insertion space and the opening of the coil reception space to press against the inner wall.
TAN does not disclose wherein the cover is coupled to the housing to seal the coil reception space from the outside of the housing. As shown in the annotated figure above the cover 2 is coupled to the housing. This results in sealing the coil reception space from the outside of the housing. TAN has further structure that contributes to the sealing, like the glass cover 22 and gasket 23, but that does not eliminate that the cover 2 also seals the coil reception space given a broadest reasonable interpretation of sealing the coil reception space from the outside of the housing.
TYGETT teaches a vaporizer inhalation cartridge with a tank, a heating coil, and a battery (abstract). TYGETT teaches a housing (Fig. 8, glass tank 14, ¶37) and a tank heating coil 20 between the housing and a vapor tube 12 (considered to be an insertion space). TYGETT further teaches a mouthpiece 10 (i.e. a cover). TYGETT teaches that the mouthpiece is removed by unscrewing to provide access to fille the tank and then reinstalled onto the vapor tube and tank glass (¶38, ¶60).
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 modified TAN to provide wherein the cover is coupled to the housing to seal the coil reception space from the outside of the housing as taught in TYGETT. A person of ordinary skill in the art would obviously seal the coil reception space from outside of the housing with a cover. Doing so would provide a closed space while maintaining the ability to service and refill (TYGETT ¶60).
Regarding claim 2, modified TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN further teaches a sealing groove formed in the inner wall, wherein the sealing protrusion protrudes downward from the cover and is configured to be inserted into the sealing groove.
TAN teaches several connecting portions and methods for making these connections including groves (page 2). As shown in Fig. 3, the sealing protrusions extend downward from the top of the cover. TAN teaches that a groove may be formed in the glass tube surface (page 2). TAN teaches that the glass tube and the upper cover is provided with a gasket (page 4). The glass cover 22 lower surface extends upwards concavely and is provided with a clamping groove (page 4). TAN teaches that the bottom portion of the device has the heating tube equipped with a groove that meets with a receiving cavity (page 4).
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 TAN to provide a sealing groove formed in the inner wall, wherein the sealing protrusion protrudes downward from the cover and is configured to be inserted into the sealing groove. A person of ordinary skill in the art would obviously apply the attachment methods taught in TAN to the various connections. Doing so would secure the parts together and improve the impermeability (page 4 top).
Regarding claim 3, modified TAN discloses the aerosol-generating device according to claim 2 as discussed above. TAN further teaches wherein the sealing protrusion is configured to be fitted into the sealing groove in an interference-fit manner. As discussed in the rejection of claim 2, TAN teaches crushing and clamping connections as well as connections that are achieved through grooves. A person of ordinary skill in the art would immediately recognize these connections as interference or friction fit connections.
Regarding claim 4, modified TAN discloses the aerosol-generating device according to claim 2 as discussed above. TAN further teaches wherein the sealing protrusion has a curvature different than a curvature of the sealing groove. As discussed in the rejection of claim 2, TAN teaches crushing and clamping connections as well as connections that are achieved through grooves. TAN teaches connections through grooves and clamps. As can be seen in Fig. 2, there are several different curvatures where the cover 2, gasket 23, and glass cover 22 differ. The claimed shapes and other Imitations with respect to the curves of the surfaces are not specifically disclosed. However, absent evidence of criticality, these limitations are merely a change in shape or aesthetic design change. The courts have held changes in shape and aesthetic design changes to be prima facie obvious, see In re Seid, 161 F.2d 229, 73 USPQ431 (CCPA 1947) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04.
Regarding claim 5, modified TAN discloses the aerosol-generating device according to claim 2 as discussed above. TAN further teaches wherein each of the sealing groove and the sealing protrusion extends circumferentially along the inner wall, wherein the sealing protrusion has elasticity. As shown in Fig. 2, the inner wall of the glass tube is circular as is the sealing protrusion. Therefore they extend circumferentially when joined. Further a person of ordinary skill in the art would immediately recognize that a gasket, known to be known of rubber material for creating a leak proof seal, has elasticity.
Regarding claim 6, modified TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN does not disclose wherein the cover is rotated in one direction to be coupled to the housing by moving the cover downwards to press an upper end of the inner wall.
TYGETT teaches a vaporizer inhalation cartridge with a tank, a heating coil, and a battery (abstract). TYGETT teaches methods for joining the elements of the invention together (¶10-¶11, ¶44). TYGETT teaches that the best attachment is accomplished by a threaded connection (¶44). The place where the threads end is considered to be a stopper that restricts the cover to rotate in another direction because the end of the thread prevents the threading motion in the opposite direction.
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 modified TAN to provide wherein the cover is rotated in one direction to be coupled to the housing by moving the cover downwards to press an upper end of the inner wall as taught in TYGETT. The joining method of the instant application is a disclosure of a threaded connection. Threaded connections are notoriously well known in the art. A person of ordinary skill in the art would obviously use threaded connections to join the cover to the housing. Doing so would provide the best attachment (TYGETT ¶44). It is well known that in order to connect a threaded connection, the two portions are rotated to join to each other with one of the portions moving in a downward direction.
Regarding claim 7, modified TAN discloses the aerosol-generating device according to claim 6 as discussed above. TAN does not disclose wherein the housing further comprises a recessed helical guide formed at the upper portion of the outer wall, wherein the helical guide is angled downwards, and wherein the aerosol-generating device further comprises a guide protrusion projecting from the cover and configured to be moved along the helical guide when the cover is rotated, a stopper configured to restrict the cover to rotate in another direction.
TYGETT teaches a vaporizer inhalation cartridge with a tank, a heating coil, and a battery (abstract). TYGETT teaches methods for joining the elements of the invention together (¶10-¶11, ¶44). TYGETT teaches that the best attachment is accomplished by a threaded connection (¶44). As best shown in Figs. 8-10, TYGETT teaches a helical guide angled downwards from the and matching guide protrusions projected from the wall (See also ¶40, ¶57-¶59). TYGETT teaches this is done for a reversible attachment (¶58).
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 modified TAN to provide wherein the housing further comprises a recessed helical guide formed at the upper portion of the outer wall, wherein the helical guide is angled downwards, and wherein the aerosol-generating device further comprises a guide protrusion projecting from the cover and configured to be moved along the helical guide when the cover is rotated, a stopper configured to restrict the cover to rotate in another direction as taught in TYGETT. The joining method of the instant application is a disclosure of a threaded connection. Threaded connections are notoriously well known in the art. A person of ordinary skill in the art would obviously use threaded connections to join the cover to the housing. Doing so would provide the best attachment (TYGETT ¶44). It is well known that in order to connect a threaded connection, the two portions are rotated to join to each other with one of the portions and that the threads prevent threading in the opposite direction. A person of ordinary skill in the art would immediately recognize the recitation of claim 7 to be the well-known method of threaded joining attachment. Further a person of ordinary skill in the art would provide threaded connections for a reversible attachment (TYGETT ¶58).
Regarding claim 8, modified TAN discloses the aerosol-generating device according to claim 6 as discussed above. TAN does not disclose wherein the housing further comprises a female thread circumferentially formed around the opening of the insertion space, and wherein the cover comprises a male thread configured to be engaged with the female thread wherein the aerosol-generating device further comprises a stopper configured to restrict the cover to rotate in another direction.
TYGETT teaches a vaporizer inhalation cartridge with a tank, a heating coil, and a battery (abstract). TYGETT teaches methods for joining the elements of the invention together (¶10-¶11, ¶44). TYGETT teaches that the best attachment is accomplished by a threaded connection (¶44). As best shown in Figs. 8-10, TYGETT teaches a threaded connection (See also ¶40, ¶57-¶59). The place where the threads end is considered to be a stopper that restricts the cover to rotate in another direction because the end of the thread prevents the threading motion in the opposite direction. TYGETT explicitly teaches that the two portions to be joined have a male threaded connection on one portion and a female threaded connection on the other portion (¶58).
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 modified TAN to provide wherein the housing further comprises a female thread circumferentially formed around the opening of the insertion space, and wherein the cover comprises a male thread configured to be engaged with the female thread wherein the aerosol-generating device further comprises a stopper configured to restrict the cover to rotate in another direction as taught in TYGETT. The joining method of the instant application is a disclosure of a threaded connection. Threaded connections are notoriously well known in the art. A person of ordinary skill in the art would obviously use threaded connections to join the cover to the housing. Doing so would provide the best attachment (TYGETT ¶44). It is well known that in order to connect a threaded connection, the two portions are rotated to join to each other with one of the portions and that the threads prevent threading in the opposite direction. A person of ordinary skill in the art would immediately recognize the recitation of claim 7 to be the well-known method of threaded joining attachment. Further a person of ordinary skill in the art would provide threaded connections for a reversible attachment (TYGETT ¶58).
Regarding claim 9, TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN further teaches, wherein the cover is further configured to be fastened to the housing in a snap-fit manner. TAN teaches that the glass cover lower surface upwards concavely provided with a clamping groove that clamps the filter screen in place. This is considered to be a teaching of snap-fit. A person of ordinary skill in the art would obviously use snap fit connections to secure the elements of an aerosol generating device. Snap fit connections are well-known in the art for securing elements together and would be applied to TAN with a reasonable expectation of success.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over TAN and TYGETT as applied to claims 1- 9 above, and further in view of US 20220183365 A1 (hereinafter WU).
Regarding claim 10, modified TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN does not disclose a plurality of first support protrusions projecting inward from a circumferential surface of the cover defining the insertion port, wherein the plurality of first support protrusions are spaced apart from each other.
WU teaches an aerosol generating device with a chamber configured to receive a smokable material, a heating element, and at least one spacer (abstract). The spacer 50 is show in Figs. 5-6 to cover portions of the chamber internal to the aerosol generating device (Fig. 5-6, ¶36). As shown in fig. 6, the spacer has a plurality of protrusions formed from a blocking part 152 in cooperation with a notch 154. The spacer is annularly sleeved and the consumable enters through it to be inserted into the device (¶36). WU teaches that this facilitates the insertion or removal of the smokable material by reducing friction forces (¶36).
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 modified TAN to provide a plurality of first support protrusions projecting inward from a circumferential surface of the cover defining the insertion port, wherein the plurality of first support protrusions are spaced apart from each other as taught in WU. A person of ordinary skill would provide a plurality of protrusions projecting inward because doing so would support the smokable material and facilitate insertion or removal by reducing friction forces (WU ¶36).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over TAN and TYGETT as applied to claims 1- 9 above, and further in view of US 20230102855 A1 (hereinafter FUJITA). FUJITA has a priority date of October 12, 2020.
Regarding claim 11, modified TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN does not disclose a second support protrusion projecting toward the insertion space from a center of a bottom of the inner wall, wherein the second support protrusion is tapered and comprises a planar top surface.
FUJITA teaches an inhalation device with a heating part for heating a base material to generate an aerosol (abstract). FUJITA teaches that the device has a chamber 50 with a bottom 56 (Fig. 5, ¶76). FUJITA teaches that the bottom wall 56a is such that at least a portion of the stick is supported by the bottom wall 56a (¶76) The wall 56 tapers from the edges to for a protrusion with a tapered surface (¶76).
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 modified TAN to provide a second support protrusion projecting toward the insertion space from a center of a bottom of the inner wall, wherein the second support protrusion is tapered and comprises a planar top surface as taught in FUJITA. A person of ordinary skill in the art would obviously provide a support protrusion at the bottom wall. Doing so would support the smokable material (FUJITA ¶76).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over TAN, TYGETT, and WU as applied to claims 10 and 12 above, and further in view of WO 2018190606 A1. For references US 20200154765 A1 (hereinafter LEE) is relied upon for results. WO 2018190606 A1 has a publication date of October 18, 2018 and is therefore valid prior art without a grace period exception.
Regarding claim 12, TAN discloses the aerosol-generating device according to claim 1 as discussed above. TAN does not disclose a third support protrusion projecting toward the insertion space from a periphery of a bottom of the inner wall, wherein the third support protrusion is one of a plurality of third support protrusions which are circumferentially arranged along the periphery of the bottom of the inner wall and spaced apart from each other.
LEE teaches an aerosol generating device with a hollow casing comprising a path for accommodating a cigarette and protrusion guide paths with a heater at one side portion (abstract). LEE teaches support protrusions on the casing (Fig. 17, end protrusion 728, ¶162). LEE teaches that the end protrusions support the outer surface of the smokable material (¶162). As can be seen in Fig. 17, the support protrusions are toward the insertions space around a periphery of a bottom wall and circumferentially arranged. LEE teaches that these protrusions support the end of the cigarette from the bottom wall and create an accommodated path at the edge (¶162-¶163).
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 modified TAN to provide a third support protrusion projecting toward the insertion space from a periphery of a bottom of the inner wall, wherein the third support protrusion is one of a plurality of third support protrusions which are circumferentially arranged along the periphery of the bottom of the inner wall and spaced apart from each other as taught in LEE. A person of ordinary skill in the art would obviously provide obliquely extending protrusions. Doing so would support the smokable material (LEE ¶162) and provide an accommodated path (¶162).
Regarding claim 13, modified TAN discloses the aerosol-generating device according to claim 12 as discussed above. TAN does not disclose the third support protrusion comprises a sloping portion obliquely extending toward the bottom of the inner wall from an inner circumferential surface of the inner wall.
LEE teaches an aerosol generating device with a hollow casing comprising a path for accommodating a cigarette and protrusion guide paths with a heater at one side portion (abstract). LEE teaches support protrusions on the casing (Fig. 17, end protrusion 728, ¶162). LEE teaches that the end protrusions support the outer surface of the smokable material (¶162). As can be seen in Fig. 17, the protrusion comprising a sloping portion obliquely extending toward the bottom of the inner wall. LEE teaches that these protrusions support the end of the cigarette from the bottom wall and create an accommodated path at the edge (¶162-¶163).
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 modified TAN to provide the third support protrusion comprises a sloping portion obliquely extending toward the bottom of the inner wall from an inner circumferential surface of the inner wall as taught in LEE. A person of ordinary skill in the art would obviously provide obliquely extending protrusions. Doing so would support the smokable material (LEE ¶162) and provide an accommodated path (¶162).
Regarding claim 14, modified TAN discloses the aerosol-generating device according to claim 13 as discussed above. TAN does not disclose the third support protrusion further comprises: a side support portion extending downwards from a lower end of the sloping portion to be parallel to the inner circumferential surface of the inner wall: and a bottom support portion projecting radially inwards from a lower end of the side support portion.
LEE teaches an aerosol generating device with a hollow casing comprising a path for accommodating a cigarette and protrusion guide paths with a heater at one side portion (abstract). LEE teaches support protrusions on the casing (Fig. 17, end protrusion 728, ¶162). LEE teaches that the end protrusions support the outer surface of the smokable material (¶162). As can be seen in Fig. 17, the protrusion comprising a sloping portion obliquely extending toward the bottom of the inner wall. LEE LEE teaches that these protrusions support the end of the cigarette from the bottom wall and create an accommodated path at the edge (¶162-¶163).
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 modified TAN to provide the third support protrusion further comprises: a side support portion extending downwards from a lower end of the sloping portion to be parallel to the inner circumferential surface of the inner wall: and a bottom support portion projecting radially inwards from a lower end of the side support portion as taught in LEE. A person of ordinary skill in the art would obviously provide obliquely extending protrusions. Doing so would support the smokable material (LEE ¶162) and provide an accommodated path (¶162).
Response to Arguments
Applicant’s arguments, filed December 23, 2025, with respect to the rejection(s) of claim 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of TYGETT.
Applicant argues, “Tygett discloses a structure in which a heating coil 20 is disposed in a chamber 16 to heat the oil contained in the chamber 16 and generate an aerosol. The heating coil 20 of Tygett is disposed together with the aerosol generating substance in the same space, the chamber 16. For example, Tygett states "[t]ank heating coil 20 is located inside tank chamber 16... Tank heating coil 16 functions to warm or heat the high viscosity essential oil or resin." See paragraph [0042] of Tygett. Since the aerosol generating substance is vaporized and discharged to the outside through the mouthpiece 10, the space where the heating coil 20 is disposed is not a hermetically sealed structure from the outside. Also, since it is disposed with the internal oil, its structure is different from the structure of the present application and therefore, Tygett does not disclose a structure where the cover is coupled to the housing to seal the coil reception space from the outside of the housing, as recited in amended claim 1.” The mouthpiece of TYGETT does seal the reception from the outside of the housing. As shown in Fig. 8, the coil reception space is sealed on the bottom by vaporization port 32 and the mouthpiece 10. Fig. 8 of TYGETT shows the cover (mouthpiece) sealing the coil from the space outside the housing. The channel through the mouthpiece does not negate the seal of the coil reception space.
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Therefore, TYGETT reads on the claimed limitation as recited. The claimed limitation does not state that the heating coil need be hermetically sealed from the outside. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., hermetically sealed) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The remainder of applicant’s arguments rest on the allowability of claim 1 which has been properly rejected under 35 USC 103.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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