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 .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 18 November 2025:
Claims 1-2, 4-11 and 13-19 are pending
Claims 1, 5-6, 8, 10-11, 14, 17 and 19 are amended
Claims 3 and 12 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 18 November 2025 have been acknowledged. The rejection to Claims 5 and 14 under 35 U.S.C. 112(b) is withdrawn due to amendments of the claims. The rejection to Claims 3 and 12 under 35 U.S.C. 103 is withdrawn due to cancellation of the claims.
Response to Arguments
Applicant's arguments filed 18 November 2025 have been fully considered but they are not persuasive.
On Pages 8-10 of Applicant’s Remarks, Applicant has incorporated limitations from Claim 3 into amended Claim 1 and argues that Wu does not disclose a first and second protrusion wherein each protrusion uses a soft and a rigid protrusion. Applicant primarily argues that Wu’s protrusions is formed from using two materials, an elastic sleeve and a rigid sealing member, to form the protrusions. This structure requires both materials/components to generate a flexible protrusion via the sleeve. Applicant also further notes that the rigid sealing member is not directly in contact as required by amended Claim 1 and thus would not meet the requirements of said claims.
Examiner respectfully disagrees, noting that Wu was not used for structurally disclosing the claimed protrusions as that is already disclosed by Lee. Examiner used Wu to show that in the prior art, there exists the use of both a rigid and a flexible material for constructing protrusions. As shown in Wu, a flexible protrusion can be generated by using a flexible material in conjunction with a rigid material to form a protrusion. Similarly, it is implied that the rigid material alone can serve as a protrusion itself (i.e., a rigid protrusion) as the sealing member disclosed by Wu has a protrusion structure which can enact a clamping force, regardless if its purpose is as an auxiliary support to the flexible protrusion.
Therefore, one ordinarily skilled in the art could take Wu’s disclosure to construct Lee’s protrusions using a rigid material like the one used by Wu’s sealing member to make a rigid protrusion or use a rigid and flexible material to construct a flexible protrusion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4-8, 10-11, 13-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (Publication No. US20200154765A1, cited in IDS dated 19 May 2024) in view of Wu et al (Publication No. CN111567879A, see provided English Translation copy) and Lim (Publication No. US20200093185A1).
Regarding Claim 1, Lee discloses an aerosol (i.e., vapor) generation device, configured to heat a cigarette 7 (i.e., aerosol-forming article) to generate an aerosol for inhalation (Abstract), the device comprising a housing (Fig. 2; [0073]; Outer container 13), wherein the housing is internally provided with:
a cavity (Path 20), configured to receive the aerosol-forming article (Figs. 2, 7-9; [0073]);
the cavity (20) defining an axial direction along a central axis (i.e., length direction) of the cavity (see Fig. 8; length direction through the middle of the cavity is considered to be the central axis);
a radial direction perpendicular to the axial direction away from the central axis (see Figs. 9-12; [0076]; the cavity/path 20 has a cylindrical shape; a direction perpendicular to the length/axial direction of a cylindrical cavity is its radial direction);
and a circumferential direction along an inner circumferential wall of the cavity (see Figs. 9-12; [0076]; the cavity/path 20 has a cylindrical shape; the direction around the circumference of a cylindrical cavity is its circumferential direction);
at least one heater (30), configured to heat the aerosol-forming article (Cigarette 7) (Figs. 2, 7-9; [0080, 0102, 0114]);
and a support mechanism (Casing 210), constructed to surround the cavity (20) (Figs. 7-9; [0102, 0114-0115]);
wherein an inner surface of the support mechanism (210) is provided with a plurality of upper first protrusions (225) spaced from each other along the circumferential direction of the cavity (see annotated Fig. 8; [0110, 0113]);
and a plurality of lower second protrusions (225) spaced from each other along a circumferential direction of the cavity (see annotated Fig. 8; [0110, 0113]);
and the upper first protrusions (225) and the lower second protrusions (225) are arranged in a spaced manner along a longitudinal (i.e., axial) direction of the cavity (see annotated Fig. 8; [0110, 0113]).
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each of the plurality of first protrusions (i.e., upper protrusions) is directly engaged with the aerosol-forming article (7) to be configured to provide support along the radial direction to clamp a first part of the aerosol-forming article (i.e., article portion where the first protrusions are located) received in the cavity (see Figs. 1-6, annotated Fig. 8; [0096-0098]; protrusions are shown to extend radially from the cavity and are in contact with the cigarette article in a manner that stably supports/clamps the cigarette);
and each of the plurality of second protrusions (i.e., lower protrusions) is directly engaged with the aerosol-forming article (7) to be configured to provide support along the radial direction to clamp a second part of the aerosol-forming article (i.e., article portion where the second protrusions are located) received in the cavity (see Figs. 1-6, annotated Fig. 8; [0096-0098]; protrusions are shown to extend radially from the cavity and are in contact with the cigarette article in a manner that stably supports/clamps the cigarette);
the first part of the aerosol-forming article and the second part of the aerosol-forming article are spaced from each other along the axial (i.e., length) direction of the cavity (see annotated Fig. 8 below);
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Lee does not disclose the following:
the heater surrounds the cavity;
one of the pluralities of first protrusions (Upper 225) and the plurality of second protrusions (Lower 225) is rigid, and the other is flexible
Regarding (I), Lim, directed to an aerosol-generating device, discloses a cylindrical film-type heater that can be formed at the side wall of an accommodation passage (1004h) for inserting cigarette (i.e., aerosol-forming article), wherein the passage itself is shown form a cavity (see Fig. 6; [0084-0085]; passage forms a cavity; heater forms on the passage sidewalls which implies it surrounds the cavity).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the heater disclosed by Lee to be a cylindrical film-heater type as disclosed by Lim, as both are directed to an aerosol generating device heater, and this involves substituting one known heater element design disclosed by Lee with another known heater element design disclosed by Lim to predictable yield a heater that surrounds a cavity and is capable of heating an aerosol-forming article inserted within said cavity.
Regarding (II), it should be noted that selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this regard, Wu, directed to a cigarette smoking device, discloses a flexible sealing sleeve (3) (i.e., support mechanism) with a raised ridge (34) (i.e., protrusion) that will clamp and circumferentially seal (i.e., support) a cigarette (i.e., aerosol-forming article) (Figs. 1; Abstract, [0053]). The ridge/protrusions are formed from the side wall of the flexible sleeve [0010], which implies that said ridge/protrusion is flexible as it is formed from the same flexible material as the sleeve.
Additionally, Wu also discloses a rigid sealing ring (5) (i.e., support mechanism) with a raised ridge (i.e., protrusion) which applies a clamping force to an aerosol-forming article (i.e., cigarette) (see Fig. 1; [0010, 0053, 0072]; the protrusions are formed from the rigid support mechanism, which implies that said protrusions are also similarly rigid).
Therefore, it would have been obvious to one ordinarily skilled in the art to select a rigid (i.e., ceramic) or flexible material to construct the protrusions disclosed by Lee, as Wu discloses that both rigid and flexible materials are suitable for constructing a supporting mechanism comprising protrusions, where one ordinarily skilled in the art could reasonably use both materials to construct a set of rigid protrusions, and another set of flexible protrusions, and predictably yield a first and second protrusions with different rigidity and/or flexibility that are still capable of clamping an aerosol-generating article.
Regarding Claim 2, Lee discloses the plurality of first protrusions (Upper 225) and the plurality of second protrusions (Lower 225) are aligned with each other on the inner surface of the support mechanism (210) along the axial direction of the cavity (see Fig 8).
Lee does not explicitly disclose the first and second protrusions are staggered from each other along the axial direction of the cavity.
However, it should be noted that the arrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C). In fact, Lee explicitly discloses that the position of the protrusions disposed on the inner surface can be modified in various manners [0085].
Therefore, it would have been obvious to one ordinarily skilled in the art to make the design choice of arranging a set of first and second protrusions to be staggered from each other along the cavity’s axial direction in light of Lee’s disclosure, and reasonably expect a resulting protrusion structure that is still capable of maintaining contact and stably supporting an inserted cigarette article.
Regarding Claim 4, Lee further discloses the housing is provided with a receiving hole (Opening 21) at one end (see Figs. 2, 7; [0074, 0112]);
and the aerosol-forming cigarette article (7) is insertable (i.e., received detachably) in the cavity (20) through the receiving hole (21) (Figs. 2, 7; [0070, 0104];
and the plurality of first protrusions (Upper 225) are closer to the receiving hole (21) than the plurality of second protrusions (Lower 225) (see annotated Fig. 8).
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Regarding Claims 5 and 14, Lee does not explicitly disclose a surface of each second protrusion is provided with a slit or groove extending along the axial direction of the cavity for adjusting resistance of the surface.
However, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B). In this case, Lee discloses that the protrusions (225) support the cigarette article by maintaining contact with a surface of said cigarette layer (see Figs. 7-9, [0096-0098]). As such, the surface of the protrusion can be reasonably modified by one ordinarily skilled in the art so long as there maintains some form of surface for the protrusions to stay in contact and support the inserted cigarette article.
Furthermore, it should be noted that the recitation of “for adjusting resistance of the surface” is regarded as an intended use of the slit or groove for the second protrusion. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim (see MPEP § 2114). In this case, Applicant does not provide any further structural details regarding the second protrusion’s slit or grooves. As such, one ordinarily skilled in the art would reasonably conclude that if Lee is modified to have slits or grooves on the second protrusion as claimed by the Applicant, then it would be capable of being used to adjust resistance of a surface.
Therefore, one ordinarily skilled in the art can reasonably make a design choice to change the shape of the protrusions disclosed by Lee such that a groove/slit is formed on a surface of said protrusion, so long as there is still a surface wherein the protrusion can maintain contact and hold/support an inserted cigarette article and predictably result in a groove/slit capable of adjusting surface resistance.
Regarding Claim 6, Lee further discloses the support mechanism comprising of a singular annular support member (Casing 210) that further comprises the plurality of first (Upper 225) and second protrusions (Lower 225) (see annotated Fig. 8; the casing is shown to be annular in shape).
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Lee does not disclose the following:
The first and second protrusions are formed on separate support members;
the support member comprising the plurality of first protrusions is a rigid support member;
the support member comprising the plurality of second protrusions is a flexible support member
and the rigid and flexible support are assembled with each other along the axial direction.
Regarding (I), it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). In this case, Lee already discloses that the singular support member (210) runs the entire length of the cavity from the opening (i.e., near end) to the bottom wall (i.e., end) of the cavity. Furthermore, the first protrusions are shown to be disposed on the upper portion of the support member adjacent to the cavity’s near end whereas the second protrusions are located on the lower portion of the support member adjacent to the cavity’s far end.
Therefore, it would have been well with the ambit of one ordinarily skilled in the art to split and separate the supporting member (210) disclosed by Lee to predictably result in a first supporting member with first protrusions adjacent to the near end of the cavity, and a second supporting member with second protrusions adjacent to the far end of the cavity.
Regarding (II-III), Wu directed to a cigarette heating device, discloses a support mechanism comprising of a flexible sealing sleeve (3) (i.e., flexible support member) with raised ridges (34) (i.e., first protrusions) and a rigid sealing ring (5) (i.e., rigid support member) with ridges (i.e., second protrusions) that will clamp and circumferentially seal (i.e., support) a cigarette (i.e., aerosol-forming article) (Figs. 1-2; Abstract, [0010, 0053]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the supporting members disclosed by Lee such that one supporting member is flexible and another is rigid as disclosed by Wu, as both are directed to an aerosol generating/smoking device, where one ordinarily skilled in the art could reasonably construct the support members disclosed by Lee to be one flexible and one rigid as disclosed by Wu, and expectedly result in a support mechanism with protrusions that are capable of clamping and supporting a cigarette/aerosol forming article inserted in the device.
Regarding (IV), it should be noted that Lee’s supporting member was modified to separate the existing member into two separate supporting members, wherein one supporting member has the first protrusions and the other supporting member has the second protrusions (see Claim 6 (I) rejection above).
Since Lee’s first and second protrusions run along a radial and circumferential direction of the cavity passage (see Fig 8), separating the supporting member such that the first and second protrusions are on separate supporting members require splitting said member in a direction perpendicular to the length direction of the member. This by default means that the two supporting members are arranged/assembled with each other along the axial (i.e., length) direction to maintain the original orientation of the singular supporting member.
Regarding Claim 7, Modified Lee further discloses that the flexible sleeve comprises an inner wall and outer wall arranged sequentially from inside to outside along the radial direction, and a clamping cavity (i.e., sealed cavity) formed between the inner wall and the outer wall (Wu, see annotated Fig. 1; [0010]).
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Modified Lee does not explicitly disclose that the rigid support member is at least partially retained in the clamping cavity.
However, it should be noted that Wu discloses that the sealing/clamping cavity is utilized for arranging a rigid sealing ring (5) (i.e., rigid support member) with a rigid ridge (51) (i.e., protrusion) so that a similar raised clamping ridge (34) is formed on the flexible supporting member (3) (see Fig. 1; [0010]).
As Wu discloses that the clamping/sealing cavity for the flexible sealing member is configured to contain a rigid member with protrusions, and Lee discloses a similar rigid supporting member (i.e., casing 210) with protrusions for the purpose of clamping/supporting a cigarette article, it would be obvious to one ordinarily skilled in the art that the flexible and rigid supporting members disclosed by Modified Lee can be arranged such that the rigid support member’s protrusions are arranged (i.e., retained) in the clamping/sealing cavity of the flexible supporting member, and expectedly result in the two supporting members being secured with each other and forming protrusions that are capable of supporting and clamping a cigarette/aerosol forming article.
Regarding Claim 8, Lee further discloses the cavity (20) comprises a near end (Opening 21) and a far end (Bottom wall 29) facing away from each other along the axial direction (Figs. 1-3, [0078]; and a support mechanism comprising of a singular support member (Casing 210) that further comprises the plurality of first (Upper 225) and second protrusions (Lower 225) (see annotated Fig. 8).
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Lee does not disclose the first and second protrusions being separately located on a first and second support member, wherein the first support member is adjacent to the near end of the cavity and the second support member is adjacent to the far end of the cavity.
However, it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). In this case, Lee already discloses that the singular support member (210) runs the entire length of the cavity from the opening (i.e., near end) to the bottom wall (i.e., end) of the cavity. Furthermore, the first protrusions are shown to be disposed on the upper portion of the support member adjacent to the cavity’s near end whereas the second protrusions are located on the lower portion of the support member adjacent to the cavity’s far end.
Therefore, it would have been well with the ambit of one ordinarily skilled in the art to split and separate the supporting member (210) disclosed by Lee to predictably result in a first supporting member with first protrusions adjacent to the near end of the cavity, and a second supporting member with second protrusions adjacent to the far end of the cavity.
Regarding Claim 10, Lee further discloses the plurality of first protrusions (Upper 225) and the plurality of second protrusions (Lower 225) are aligned with each other (i.e., symmetrically arranged) on the inner surface of the support mechanism (210) along the central axis of the cavity (see Fig 8).
Regarding Claim 11, Lee discloses an aerosol (i.e., vapor) generation device, configured to heat a cigarette 7 (i.e., aerosol-forming article) to generate an aerosol for inhalation (Abstract), the device comprising a housing (Fig. 2; [0073]; Outer container 13), wherein the housing is internally provided with:
a cavity (Path 20), configured to receive the aerosol-forming article (Figs. 2, 7-9; [0073]);
the cavity (20) defining an axial direction along a central axis (i.e., length direction) of the cavity (see Fig. 8; length direction through the middle of the cavity is considered to be the central axis);
a radial direction perpendicular to the axial direction away from the central axis (see Figs. 9-12; [0076]; the cavity/path 20 has a cylindrical shape; a direction perpendicular to the length/axial direction of a cylindrical cavity is its radial direction);
and a circumferential direction along an inner circumferential wall of the cavity (see Figs. 9-12; [0076]; the cavity/path 20 has a cylindrical shape; the direction around the circumference of a cylindrical cavity is its circumferential direction);
at least one heater (30), configured to heat the aerosol-forming article (Cigarette 7) (Figs. 2, 7-9; [0080, 0102, 0114]);
and a support mechanism comprising a support member (Casing 210), constructed to surround the cavity (20) (Figs. 7-9; [0102, 0114-0115]);
the support member (210) comprises a plurality of first protrusions (125) each of which directly engages with the aerosol-forming article (7) at a part of the aerosol-forming article (see Figs. 1-6; [0096-0098]; protrusions stably support the article and is shown to be in direct contact with said article).
Lee does not disclose the following:
The support mechanism comprises two support members
The support member is a rigid support member;
The support mechanism further comprising a flexible support member provided with an outer surface and an inner surface opposite to each other along the radial direction;
The flexible support member comprising a plurality of protrusions that protrudes from the inner surface toward the cavity to provide an elastically retractable support along the radial direction for inhalable materials received in the cavity, so as to clamp the aerosol-forming article.
the heater surrounds the cavity;
Regarding (I), it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). In this case, Lee already discloses that the singular support member (210) runs the entire length of the cavity from the opening (i.e., near end) to the bottom wall (i.e., end) of the cavity. Furthermore, the first protrusions are shown to be disposed on the upper portion of the support member adjacent to the cavity’s near end whereas the second protrusions are located on the lower portion of the support member adjacent to the cavity’s far end.
Therefore, it would have been well with the ambit of one ordinarily skilled in the art to split and separate the supporting member (210) disclosed by Lee to predictably result in a first supporting member with first protrusions adjacent to the near end of the cavity, and a second supporting member with second protrusions adjacent to the far end of the cavity.
Regarding (II-IV), Wu directed to a cigarette heating device, discloses a flexible sealing sleeve (3) (i.e., support member) with a raised ridge (34) (i.e., protrusion) formed on the inside surface of said sleeve/supporting member that will clamp and circumferentially seal (i.e., support) a cigarette (i.e., aerosol-forming article) (Figs. 1-2; Abstract). The ridge/protrusions are formed from the side wall of the flexible sleeve [0010], which implies that said ridge/protrusion is flexible as it is formed from the same flexible material as the sleeve.
Additionally, Wu also discloses a rigid sealing ring (5) (i.e., support mechanism) with a raised ridge (i.e., protrusion) which applies a clamping force to an aerosol-forming article (i.e., cigarette) (see Fig. 1; [0010, 0053, 0072]; the protrusions are formed from the rigid support mechanism, which implies that said protrusions are also similarly rigid).
Though Wu does not disclose a plurality of protrusions/ridges, it should be noted that duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.04.VI.B). As disclosed by Lee, a supporting member (i.e., casing) may have a plurality of protrusions to secure an inserted cigarette/aerosol forming article.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the supporting mechanism disclosed by Modified Lee to have a rigid support member and a flexible support member as disclosed by Wu, as both are directed to an aerosol generating/smoking device, where one ordinarily skilled in the art could reasonably construct the supporting mechanism disclosed by Lee to further comprise a flexible and/or rigid support member/sleeve as disclosed by Wu, and expectedly result in a supporting mechanism with two supporting members, wherein one is a flexible member and the other is a rigid member, and wherein both further comprise a plurality of protrusions that are capable of directly contacting, clamping and supporting a cigarette/aerosol forming article inserted in the device.
Regarding (V), Lim, directed to an aerosol-generating device, discloses a cylindrical film-type heater that can be formed at the side wall of an accommodation passage (1004h) for inserting cigarette (i.e., aerosol-forming article), wherein the passage itself is shown form a cavity (see Fig. 6; [0084-0085]; passage forms a cavity; heater forms on the passage sidewalls which implies it surrounds the cavity).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the heater disclosed by Lee to be a cylindrical film-heater type as disclosed by Lim, as both are directed to an aerosol generating device heater, and this involves substituting one known heater element design disclosed by Lee with another known heater element design disclosed by Lim to predictable yield a heater that surrounds a cavity and is capable of heating an aerosol-forming article inserted within said cavity.
Regarding Claim 13, Lee further discloses the housing is provided with a receiving hole (Opening 21) at one end (see Figs. 2, 7; [0074, 0112]);
and the aerosol-forming cigarette article (7) is insertable (i.e., received detachably) in the cavity (20) through the receiving hole (21) (Figs. 2, 7; [0070, 0104];
and the plurality of first protrusions (Upper 225) are closer to the receiving hole (21) than the plurality of second protrusions (Lower 225) (see annotated Fig. 8).
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Regarding Claim 15, Lee discloses the support mechanism comprising of a singular annular support member (Casing 210) that further comprises the plurality of first (Upper 225) and second protrusions (Lower 225) (see annotated Fig. 8; the casing is shown to be annular in shape).
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Lee does not disclose the following:
The first and second protrusions are formed on separate support members
The support member comprising the plurality of first protrusions is a rigid support member
The support member comprising the plurality of second protrusions is a flexible support member
Regarding (I), it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). In this case, Lee already discloses that the singular support member (210) runs the entire length of the cavity from the opening (i.e., near end) to the bottom wall (i.e., end) of the cavity. Furthermore, the first protrusions are shown to be disposed on the upper portion of the support member adjacent to the cavity’s near end whereas the second protrusions are located on the lower portion of the support member adjacent to the cavity’s far end.
Therefore, it would have been well with the ambit of one ordinarily skilled in the art to split and separate the supporting member (210) disclosed by Lee to predictably result in a first supporting member with first protrusions adjacent to the near end of the cavity, and a second supporting member with second protrusions adjacent to the far end of the cavity.
Regarding (II-III), Wu directed to a cigarette heating device, discloses a support mechanism comprising of a flexible sealing sleeve (3) (i.e., flexible support member) with raised ridges (34) (i.e., first protrusions) and a rigid sealing ring (5) (i.e., rigid support member) with ridges (i.e., second protrusions) that will clamp and circumferentially seal (i.e., support) a cigarette (i.e., aerosol-forming article) (Figs. 1-2; Abstract, [0010, 0053]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the supporting members disclosed by Lee such that one supporting member is flexible and another is rigid as disclosed by Wu, as both are directed to an aerosol generating/smoking device, where one ordinarily skilled in the art could reasonably construct the support members disclosed by Lee to be one flexible and one rigid as disclosed by Wu, and expectedly result in a support mechanism with protrusions that are capable of clamping and supporting a cigarette/aerosol forming article inserted in the device.
Regarding Claim 16, Modified Lee further discloses that the flexible sleeve comprises an inner wall and outer wall arranged sequentially from inside to outside along the radial direction, and a clamping cavity (i.e., sealed cavity) formed between the inner wall and the outer wall (Wu, see annotated Fig. 1; [0010]).
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Modified Lee does not explicitly disclose that the rigid support member is at least partially retained in the clamping cavity.
However, it should be noted that Wu discloses that the sealing/clamping cavity is utilized for arranging a rigid sealing ring (5) (i.e., rigid support member) with a rigid ridge (51) (i.e., protrusion) so that a similar raised clamping ridge (34) is formed on the flexible supporting member (3) (see Fig. 1; [0010]).
As Wu discloses that the clamping/sealing cavity for the flexible sealing member is configured to contain a rigid member with protrusions, and Lee discloses a similar rigid supporting member (i.e., casing 210) with protrusions for the purpose of clamping/supporting a cigarette article, it would be obvious to one ordinarily skilled in the art that the flexible and rigid supporting members disclosed by Modified Lee can be arranged such that the rigid support member’s protrusions are arranged (i.e., retained) in the clamping/sealing cavity of the flexible supporting member, and expectedly result in the two supporting members being secured with each other and forming protrusions that are capable of supporting and clamping a cigarette/aerosol forming article.
Regarding Claim 17, Lee further discloses the cavity (20) comprises a near end (Opening 21) and a far end (Bottom wall 29) facing away from each other along the axial direction (Figs. 1-3, [0078]; and a support mechanism comprising of a singular support member (Casing 210) that further comprises the plurality of first (Upper 225) and second protrusions (Lower 225) (see annotated Fig. 8).
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Lee does not disclose the first and second protrusions being separately located on a first and second support member, wherein the first support member is adjacent to the near end of the cavity and the second support member is adjacent to the far end of the cavity.
However, it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). In this case, Lee already discloses that the singular support member (210) runs the entire length of the cavity from the opening (i.e., near end) to the bottom wall (i.e., end) of the cavity. Furthermore, the first protrusions are shown to be disposed on the upper portion of the support member adjacent to the cavity’s near end whereas the second protrusions are located on the lower portion of the support member adjacent to the cavity’s far end.
Therefore, it would have been well with the ambit of one ordinarily skilled in the art to split and separate the supporting member (210) disclosed by Lee to predictably result in a first supporting member with first protrusions adjacent to the near end of the cavity, and a second supporting member with second protrusions adjacent to the far end of the cavity.
Regarding Claim 19, Lee further discloses the plurality of first protrusions (Upper 225) and the plurality of second protrusions (Lower 225) are aligned with each other (i.e., symmetrically arranged) on the inner surface of the support mechanism (210) along the central axis of the cavity (see Fig 8).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (Publication No. US20200154765A1, cited in IDS dated 19 May 2024) in view of Wu et al (Publication No. CN111567879A, see provided English Translation copy) and Lim (Publication No. US20200093185A1) as applied to Claims 1 and 2, and further evidenced by Kawasaki (Publication No. US6251509B1).
Regarding Claim 9, Modified Lee does not disclose the plurality of first protrusions have a surface friction coefficient different from that of the plurality of second protrusions.
However, it should be noted that the surface friction coefficient is a property related to the contact area between two surfaces. As evidenced by Kawamata, reducing contact area between results in a reduction in friction coefficient between two components and is generally accomplished by the use of protrusions with small sizes (Col. 9, Lines 21-26).
Thus, it would be apparent to one ordinarily skilled in the art that if the first and second protrusions were modified to have different sizes and/or shapes such that their contact surface area with the cigarette article differs, it will expectedly result in said protrusion’s surface friction coefficient with said cigarette article to also be different in light of Kawamata.
Though Modified Lee does not explicitly disclose the first and second protrusions having different sizes and/or shapes, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B). In this case, Lee already discloses that the protrusions can have various size and shapes as shown in the embodiments where protrusions can either be lengthened (see Fig. 11) or have their shape changed to a dome shape (see Fig. 7) instead of a rectangular piece (see Fig. 8).
Therefore, it would be an obvious design choice for one ordinarily skilled in the art to change the size and shape of the protrusions such that the first (Upper 225) and second (Lower 225) protrusions have different sizes and/or shapes, thus changing (i.e., differing) surface friction coefficients as evidenced by Kawamata, that is still capable of supporting and clamping an aerosol-forming article inserted in a cavity.
Regarding Claim 18, Modified Lee does not disclose the plurality of first protrusions have a surface friction coefficient different from that of the plurality of second protrusions.
However, it should be noted that the surface friction coefficient is a property related to the contact area between two surfaces. As evidenced by Kawamata, reducing contact area between results in a reduction in friction coefficient between two components and is generally accomplished by the use of protrusions with small sizes (Col. 9, Lines 21-26).
Thus, it would be apparent to one ordinarily skilled in the art that if the first and second protrusions were modified to have different sizes and/or shapes such that their contact surface area with the cigarette article differs, it will expectedly result in said protrusion’s surface friction coefficient with said cigarette article to also be different in light of Kawamata.
Though Modified Lee does not explicitly disclose the first and second protrusions having different sizes and/or shapes, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B). In this case, Modified Lee already discloses that the protrusions can have various size and shapes as shown in the embodiments where protrusions can either be lengthened (see Fig. 11) or have their shape changed to a dome shape (see Fig. 7) instead of a rectangular piece (see Fig. 8).
Therefore, it would be an obvious design choice for one ordinarily skilled in the art to change the size and shape of the protrusions such that the first (Upper 225) and second (Lower 225) protrusions have different sizes and/or shapes, thus changing (i.e., differing) surface friction coefficients as evidenced by Kawamata, that is still capable of supporting and clamping an aerosol-forming article inserted in a cavity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Adair et al (Publication No. US20220142248A1) – Aerosol generating device comprising a chamber for inserting a cartridge. The chamber further includes flexible protrusions disposed on the walls of said chamber to retain the cartridge.
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.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755