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
Claims 1-3 and 5-17 are currently pending and are subject to this office action. Claims 1, 2, 5, 8, 12, and 13 are amended. Claim 4 is canceled. Claims 16 and 17 are newly added. This office action is in response to Applicant’s amendment filed on 06/02/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 06/02/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 6-8, filed 06/202/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claims 1 to include limitations of now canceled claim 4 and previously presented claim 8. The Applicant argues that two distinct physical components are mapped to a single claimed element and that the Liu relies on a horizontal sliding motion for its locking mechanism.
The Examiner respectfully disagrees. As shown in Figure 5 of Liu, the buckling portion (Fig. 5: #701) is formed as part of the slider (Fig. 5: 37) and is not a separate, independent component. Liu also discloses wherein the buckling portion (Fig. 5: #701) forms part of the slider (Fig. 5: #7, [0087, 0089, 0134]). The prior Office Action refers to the slider (Fig. 5: #7) when discussing the overall structure corresponding to the claimed snap member, while the buckling portion (Fig. 5: #701) was cited when discussing the specific portion of that structure that performs the claimed locking/release function.
Further, the prior Office action acknowledges that Liu is silent regarding the snap member configured to be pressed down by the cover. Batista, however, teaches a protruding locking element that is accessible to a user and configured to be pressed downward by a top cover to operate locking means of a device (Pg. 6, Lines 3-4), thereby improving user comfort when changing the position of the top cover (Fig. 6, Lines 4-5). The claim recites that the snap member is configured to be pressed down when in the closed position. The claim does not say that the snap member itself must move in the vertical direction. The limitation describes how force is applied, not the path of movement after force is applied. Incorporating the downward engagement feature of Batista into Liu merely provides an additional manner for the cover to engage the snap member while still preserving Liu's lock and release function.
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claim 2 is objected to because claim 2 depends from claim 14, yet claims 6-13 intervene between claims 2 and 14. Claims 3 and 5 are also objected to due to their dependencies.
Claim 8 is objected to because claim 8 depends from claim 16, yet claims 9-15 intervene between claims 8 and 16.
Claim 12 is objected to because claim 12 depends from claim 16, yet claims 13-15 intervene between claims 12 and 16.
Claim 13 is objected to because claim 13 depends from claim 16, yet claims 14-15 intervene between claims 13 and 16.
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, 3, 4, 5, 6, 7, 8, 9, 12, 14, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200323263 A1) and further in view of Batista (WO 2020148334 A1).
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With regard to Claim 1, Liu, directed to an electronic cigarette, teaches (i) a groove (Fig. 25: "A", [0099]), meeting the claim limitation of an aerosol generation chamber, that receives a cartridge (Fig. 35: #21) and is heated by an atomization assembly (Fig. 35: #2) within the space, to generate smoke [0002]. (ii) A top cover (Fig. 25: #24) can be opened and closed to expose and replace the cartridge (Fig. 35: #21) within the aerosol generation chamber (Fig. 25: "A", [0100]). (iii) The device comprises a sliding column (Fig. 25: #6), unlocking mechanism (Fig. 25: #4), and elastic mechanism (Fig. 25: #5) comprising several assisting components for ejection and replacement of the cartridge [0085-0088], meeting the claim limitation of an ejection mechanism. (iv) A slider (Fig. 25: #7, [0089]), meeting the claim limitation of a snap member, is configured to fix the sliding column (Fig. 31: #6, [0087]), thereby holding the cartridge (Fig. 31: #21) in a position within the groove (Fig. 25: "A"), when the top cover (Fig. 25: #24) is moved to the closed position and locked [0115-0116]. (v) The sliding column (Fig. 25: #6) indirectly controls the movement of the top cover (Fig. 25: #24, [0100]) and allows for the cartridge (Fig. 35: #21) to be ejected for replacement upon ejection of the atomization assembly (Fig. 35: #2, [0135]).
(iv) When the atomization assembly (Fig. 35: #2) is ejected, the top cover (Fig. 25: #24) is opened. One of ordinary skill in the art would understand that since the cartridge (Fig. 35: #21) sits on the atomization assembly and the atomization assembly can be formed whole with the cartridge [0029], when the atomization assembly is ejected [0086], the cartridge is also ejected and exposed [0100]. The groove (Fig. 25: "A") is disposed at the top of the sliding column (Fig. 25: #6) which receives the cartridge (Fig. 35: #21, [0099]) and the sliding column (Fig. 25: #6) can lock the cartridge in position [0115].
(v) In the next state, the top cover (Fig. 25: #24) is opened while the cartridge is exposed [0100]. The sliding column (Fig. 25: #6) holds the cartridge (Fig. 35: #21) in the groove (Fig. 25: "A") at the top of the sliding column [0099] and can be fixed and locked reliably [0115-0116]. The sliding column (Fig. 25: #6) transitions towards the next position when the top cover (Fig. 25: #24) is moved to the closed position and locked [0115-0116]. A spring (Fig. 25: #13) and ejector rod (Fig. 25: #10) lift the atomization assembly (Fig. 35: #2), which supports the cartridge (Fig. 35: #21, [0029]), and exerts an ejection force on the atomization assembly (Fig. 35: #2) and cartridge (Fig. 35: #21, [0089]). Liu teaches all the limitations of the claims as set forth above, however Liu is silent to:
Wherein the snap member is configured to be pressed down when in the closed position
Batista, directed to an aerosol generating device, teaches where the aerosol generating device comprises a protruding element, which can be accessed by a user to change the position of a top cover (Pg 6, Lines 3-4). The protruding element can be attached to the top cover (Pg. 5, Lines 16-18), wherein the top cover or protruding element may be pushed down, changing the state of the locking means (Pg. 6, Lines 11-12). One of ordinary skill in the art would have been motivated to combine the locking means of Liu and Batista to enhance the comfort for the user to change the position of the top cover (Pg. 6, Line 4-5).
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 snap member of modified Liu to wherein the snap member is further configured to be pressed down by the cover when in the closed position because both Liu and Batista are directed to improving user experience with removable components of an aerosol generation device. Batista teaches a protruding element that moves in a direction parallel to the longitudinal axis of the device, by being pressed down by a cover, to enhance the comfort for the user to change the position of the top cover (Pg. 6, Line 4-5) and this merely involves combining the locking means of Liu and Batista according to known removable methods to yield predictable results.
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With regard to Claim 2, Liu teaches wherein (i) the groove (Fig. 25: "A") comprises an opening at the top to receive the cartridge [0099]. (ii) A top column (Fig. 31: #14) of the ejection mechanism is formed at the bottom of the groove (Fig. 35: "A") and protrudes into the groove at the top of the sliding column (Fig. 25: #6, [0135]).
With regard to Claim 3, Liu teaches wherein (i) a cartridge is inserted in the groove (Fig. 35: "A"). (ii) The sliding column (Fig. 25: #6) is also pressed down upon insertion of the cartridge (Fig. 31: #21) and can push down the top column (Fig. 31: #14). One of ordinary skill in the art would understand that since the atomization assembly (Fig. 25: #2) and the cartridge (Fig. 31: #21) can be made as a whole [0012], the bottom of the atomization assembly (Fig. 25: #2) pressing down vertically into the top column (Fig. 31: #14, [0134), would also apply to the cartridge (Fig. 31: #21) upon insertion.
With regard to Claim 4, Liu teaches wherein the sliding column (Fig. 31: #6) comprises a slider (Fig. 25: #7, [0089]), meeting the claim limitation of a snap member, which is configured to fix the sliding column (Fig. 31: #6), thereby holding the cartridge (Fig. 31: #21) in a position within the groove (Fig. 25: "A").
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With regard to Claim 5, Liu teaches wherein the elastic mechanism (Fig. 25: #5) comprises a fourth spring (Fig. 25: #13) configured to exert an upward force to an ejector rod (Fig. 25: #10), affecting the position of the rotating tongue (Fig. 25: #8, [0135]).
With regard to Claim 6, Liu teaches a rotating tongue (Fig. 25: #8), meeting the claim limitation of a support member, comprising an upper arm (Fig. 25: "UA") which supports the bottom of the slider (Fig. 25: #7) of the sliding column (Fig. 25: #6) through a rotating tongue (Fig. 25: #8). The upper arm (Fig. 25: “UA”) is supported by abutting of the ejector rod (Fig. 25: #10) based on movement from the fourth spring (Fig. 25: #13, [0135]).
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With regard to Claim 7, Liu teaches (i) wherein the upper arm (Fig. 25: "UA") of the rotating tongue (Fig. 25: #8) comprises a protruding member (Fig. 25: "P"), which meets the slider (Fig. 25: #7) and controls the movement of the buckling portion (Fig. 33: #701), meeting the claim limitation of a protrusion of the snap member. (ii) The buckling portion (Fig. 33: #701) is configured to drive the slider (Fig. 25: #7) of the sliding column (Fig. 25: #6) forward or backward by extending the buckling portion into a buckling groove (Fig. 33: #20) of the cartridge for exertion [0137].
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With regard to Claim 8, Liu teaches (i) wherein the buckling portion (Fig. 33: #701) of the slider (Fig. 33: #7) protrudes through an opening provided for the cartridge to be inserted and the top cover (Fig. 21: #24) is slid to the right, in an open position. (ii) When the buckling portion (Fig. 33: #701) is pushed in, prompted by the receival of the cartridge, the fourth spring (Fig. 25: #13) abuts the rotating tongue (Fig. 25: #8, [0134-0135]), wherein the rotating tongue (Fig. 25: #8) rotates clockwise from its holding position during unlocking and resets [0135]. Thus, the rotating tongue (Fig. 25: #8) selectively releases and returns to holding the cartridge in a position within the groove (Fig. 25: "A"), when the top cover (Fig. 25: #24) is moved to the closed position and locked [0115-0116]. Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the snap member protrudes above the opening
Wherein the snap member is further configured to be pressed down by the cover when in the closed position so as to release the support member
Batista, directed to an aerosol generating device, teaches (i) where the aerosol generating device comprises a protruding element, which can be accessed by a user to change the position of a top cover (Pg 6, Lines 3-4). One of ordinary skill in the art would realize that since the protruding element moves in a direction parallel to the longitudinal axis of the device (Pg. 5, Line 34-35) and is accessible by a user, the protruding element must be above an opening of the device. (ii) The protruding element can be attached to a top cover (Pg. 5, Lines 16-18), wherein the top cover or protruding element may be pushed down, changing the state of the locking means (Pg. 6, Lines 11-12). One of ordinary skill in the art would have been motivated to combine the locking means of Liu and Batista to enhance the comfort for the user to change the position of the top cover (Pg. 6, Line 4-5).
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 snap member of modified Liu to wherein snap member protrudes above the opening and is configured to be pressed down by the cover when in the closed position so as to release the support member because both Liu and Batista are directed to improving user experience with removable components of an aerosol generation device. Batista teaches a protruding element that moves in a direction parallel to the longitudinal axis of the device, by being pressed down by a cover, to enhance the comfort for the user to change the position of the top cover (Pg. 6, Line 4-5) and this merely involves combining the locking means of Liu and Batista according to known removable methods to yield predictable results.
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With regard to Claim 9, Liu teaches (i) wherein the slider (Fig. 25: #7) comprises an upper (Fig. 5: "U") and lower part (Fig. 5: "L") that moves in response to the spring (Fig. 5: #11, [0134]). (ii) The upper part (Fig. 5: "U") of the slider (Fig. 5: #7) protrudes through an opening provided for the cartridge to be inserted and the top cover (Fig. 25: #24) is slid to the right. (ii) The lower part (Fig. 5: "L") is connected to the part of the slider (Fig. 25: #7) that protrudes into the opening. Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the upper portion is configured to protrude above the opening when the cover is in the open position
Batista, directed to an aerosol generating device, teaches (i) where the aerosol generating device comprises a protruding element, which can be accessed by a user to change the position of a top cover (Pg 6, Lines 3-4). One of ordinary skill in the art would realize that since the protruding element moves in a direction parallel to the longitudinal axis of the device (Pg. 5, Line 34-35) and is accessible by a user, an upper portion of the protruding element must be above an opening of the device, while a lower portion of the protruding element remains in the device.
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 snap member of modified Liu to wherein the upper portion is configured to protrude above the opening when the cover is in the open position because both Liu and Batista are directed to improving user experience with removable components of an aerosol generation device. Batista teaches a protruding element that moves in a direction parallel to the longitudinal axis of the device, by being pressed down by a cover, to enhance the comfort for the user to change the position of the top cover (Pg. 6, Line 4-5) and this merely involves combining the locking means of Liu and Batista according to known removable methods to yield predictable results.
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With regard to Claim 12, Liu teaches (i) a limiting portion (Fig. 11: #606) that can limit the movement of the top cover (Fig. 11: #24) and abuts against the top cover when it is not opened (Fig. 11: #24, [0099]. (ii) One of ordinary skill in the art would understand that if the top cover is not removed, the cartridge cannot be fully ejected, despite efforts from the ejector rod to eject it. (iii) A hook (Fig. 1: #6061) is provided on the limiting portion (Fig. 11: #606) and aligns with a clamping slot (Fig. 4: #2402) of the top cover (Fig. 11: #24) to produce a locking effect [0115]. One of ordinary skill in the art would find it obvious to substitute the hook and clamping slot of Liu with a known alternative, such as magnets or snap fasteners, as they are well-known in the arts and is a simple alternative yielding the same result of securing the cover of the device.
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With regard to Claim 14, Liu teaches wherein the cartridge (Fig. 21: #2) is a 3D shaped cube. Although it’s not specified if the cartridge is flat, one of ordinary skill in the art would know that changing the shape of the cartridge of Liu is simply a difference in design choice and would not change the function and purpose of the component (MPEP 2144.04.IV).
With regard to Claim 16, a top cover (Fig. 25: #24) can be opened and closed to expose and replace the cartridge (Fig. 35: #21) within the aerosol generation chamber (Fig. 25: "A", [0100]).
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With regard to Claim 17, (i) the sliding column (Fig. 25: #6) indirectly controls the movement of a top cover (Fig. 25: #24, [0100]) and allows for the cartridge (Fig. 35: #21) to be ejected for replacement upon ejection of the atomization assembly (Fig. 35: #2, [0135]), while the top cover (Fig. 25: #24) is open [0100]. (ii) When the atomization assembly (Fig. 35: #2) is ejected, the top cover (Fig. 25: #24) is opened. The groove (Fig. 25: "A") is disposed at the top of the sliding column (Fig. 25: #6) which receives the cartridge (Fig. 35: #21, [0099]) and the sliding column (Fig. 25: #6) can lock the cartridge in position [0115].
(iii) The sliding column (Fig. 25: #6) holds the cartridge (Fig. 35: #21) in the groove (Fig. 25: "A") at the top of the sliding column [0099] and can be fixed and locked reliably [0115-0116]. The sliding column (Fig. 25: #6) transitions towards the next position when the top cover (Fig. 25: #24) is moved to the closed position and locked [0115-0116].
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200323263 A1 and Batista (WO 2020148334 A1), as applied to claims 1, 2, 4, 5, 6, 7, and 9, and further in view of Adair (WO 2020182695 A1)
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With regard to Claim 10, Liu teaches wherein (i) the upper portion (Fig. 5: "U") and the lower portion (Fig. 5: "L") of the buckling portion (Fig. 5: #701) slide relative to the first plane (Fig. 5: #6011) and second plane (Fig. 5: #702). (ii) When the upper portion (Fig. 5: "U") is pushed back, the lower portion (Fig. 5: "L") is also slid back along a horizontal axis relative to the device until the protrusion (Fig. 22 & 23: “P”) contacts the other side of the groove in the lower portion (Fig. 5: "L"), as shown by the circles in Figures 22 and 23, when the cartridge is inserted and the top cover is on the left. (iii) The protrusion of the rotating tongue ( Fig. 22 & 23: “P”) contacts a groove of the slider (Fig. 5: #7) comprising the buckling portion (Fig. 5: #701) and slides backward in a horizontal direction upon the insertion of the cartridge. Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
The protrusion of the arm is partially engaged with the protrusion of the snap member in a sliding manner
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Adair, directed to an electronic cigarette, teaches first and second protrusions (Fig. 5: #32 & #33). During cartridge insertion, the first protrusions (Fig. 5: #32) directly contact and slide relative to the second protrusions (Fig. 5: #33), to form a sliding engagement (Pg. 6, Lines 5-13). One of ordinary skill in the art would have found it obvious to combine the protrusion engagement of Adair with the protrusions of Liu to allow for a smooth insertion of the cartridge and reduce the risk of wear and tear (Pg. 6, Lines 18-22).
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 protrusions of modified Liu to wherein the protrusion of the arm is partially engaged with the protrusion of the snap member in a sliding manner because both Liu and Adair are directed to improving cartridge insertion and security. Adair teaches two protrusions that form a sliding engagement to allow for a smooth insertion of the cartridge and reduce the risk of wear and tear (Pg. 6, Lines 18-22) and this merely involves combining prior art elements according to known secure insertion techniques ready for improvement to yield predictable results.
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With regard to Claim 11, Liu teaches wherein the repeatedly upper arm (Fig. 25: “UA”) cooperates with the lower portion of the slider (Fig. 5: “L”) to fix to a buckling groove (Fig. 5: #20, [0088-0089 & 0098]) during insertion and removal of the cartridge [0137]. One of ordinary skill in the art would have found it obvious to form the lower portion and arm from metal material because they repeatedly engage and slide against each other, being subject to mechanical stress and wear during use. This merely involves selecting a known material based on its suitability for its intended purpose and is considered prima facie obvious (MPEP 2144.07).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200323263 A1) and Batista (WO 2020148334 A1), as applied to claims 1 and 16 above, and further in view of Fei (US 20200029622 A1).
With regard to Claim 13, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the cover is rotationally hinged on the main body of the aerosol generation device.
Fei, directed to a portable vaporizer, teaches a lid configured to be connected to a body using a hinge, allowing the lid to rotate away from the body [0017]. One of ordinary skill in the art would have found it obvious to modify the cover of modified Liu to allow it to be rotationally hinged on the main body to offer an alternative way of exposing the inside of the housing when the latch for the lid is released to replace a cartridge [0022].
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 cover of modified Liu to wherein the cover is rotationally hinged on the main body of the aerosol generation device because both Liu and Fei are directed to removable lids for replacing components of an aerosol generating device. Fei teaches a lid with a hinge that rotates away from a device body to expose the inside of the housing when the latch for the lid is released to replace a cartridge [0022] and this merely involves applying a known way of removable to a lid of a known aerosol generating device ready for improvement to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200323263 A1) and Batista (WO 2020148334 A1), as applied to claim 1 above, and further in view of DeMerritt (US 20160192708 A1).
With regard to Claim 15, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the substrate is porous
DeMerritt, directed to an enhanced electronic cigarette, teaches a porous cartridge containing a functional liquid [0092] to improve fluid distribution and retention [0092 & 0093].
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 substrate of Liu to be porous because both Liu and DeMerritt are directed to reducing the risk of liquid waste in aerosol generating devices. DeMerritt teaches a porous cartridge to improve fluid distribution and retention [0092 & 0093] and this merely involves applying a known material to a known cartridge of an aerosol generating device ready for improvement to yield predictable results.
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 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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