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 .
Response to Amendment
The amendment filed December 17, 2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 7, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 2020/0205476).
Regar Regarding claim 1, Wen teaches an aerosol generating device (Figure 1, atomizing device, [0027])
comprising: an outside casing containing a battery (Figure 2, outer housing 11 contains battery assembly 13, [0028])
and comprising a receiving cavity for receiving an exchangeable cartomizer in a removable manner (Figure 2, atomizer 2 can be replaced and accessed, [0049]),
a power and control interface connected to the battery (Figure 2, control circuit board 14 connected to battery assembly 13, [0028])
and positioned in the receiving cavity for contacting with an electrical contact and air inlet interface of the cartomizer (Figure 3, control circuit board 14 and battery assembly 13 shown inside outer housing 11 and in contact with airflow passage A, [0032], and [0050] explains electrodes to connect to atomizer 2),
wherein the power and control interface comprises an airflow sensor and electrical contacts (Figure 3, puff sensor 15 is electrically connected to control circuit board 14, [0033]),
wherein the power and control interface comprises a deformable seal configured to delimit a flow path to the airflow sensor (Figure 3, first sealing member 125 which is pressed down by atomizer 2 contains hole for airflow passage A, [0043])
and wherein the power and control interface comprises a non-deformable holder configured for supporting the cartomizer in the receiving cavity (Figure 3, inner housing 12 supports atomizer 2, [0029]);
and the holder at least partially bordering a perimeter of the deformable seal in the receiving cavity (Figure 3, inner housing 12 shown bordering first sealing member 125, [0029] and [0043]).
Wen fails to explicitly disclose wherein the airflow sensor is positioned in an inner cavity of the deformable seal, however Wen does disclose the airflow sensor and the deformable seal (Figure 3, puff sensor 15 and first sealing member 125, [0030] and [0043]). See MPEP 2144.04.VI.C. “Rearrangement of Parts” In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the puff sensor and first sealing member of Wen because doing so would only be a simple rearrangement of parts. See MPEP 2144.04.VI.C.
Regarding claim 7, Wen teaches the aerosol generating device according to claim 1, wherein the non-deformable holder comprises an outer surface for supporting an outer surface of the electrical contact and air inlet interface of the cartomizer (Figure 3, inner housing 12 shown supporting bottom of atomizer 2 containing electrodes (see [0050]) and airflow passage A of atomizer 2, [0030]).
Regarding claim 9, Wen teaches the aerosol generating device according to claim 1, wherein the deformable seal comprises passages for the electrical contacts (Figure 3, puff sensor 15 is connected to both battery assembly and atomizer, so electrical contacts between them must be through first sealing member 125 (which seals connection between battery and atomizer), [0033] and [0043]).
Regarding claim 13, Wen teaches an aerosol generating system comprising an aerosol generating device according to claim 1 (see rejection for claim 1 above),
and an atomizer comprising a vaporizing chamber and an air inlet positioned between the vaporizing chamber and the flow path of the airflow sensor (Figure 3, atomizer 2 comprises atomizing chamber and transfer passage B which is connected to airflow path A from puff sensor 15, see at least [0035]-[0036]).
Claims 2-6 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 2020/0205476) in view of Mo et al. (WO 2020/220293).
Regarding claim 2, Wen discloses the aerosol generating device according to claim 1, as set forth above. Wen fails to disclose wherein the non-deformable holder defines an air throttling channel arranged for restricting air supplied to the flow path of the airflow sensor and to the cartomizer.
Mo teaches a similar vaporizing device containing an airflow sensor wherein the non-deformable holder defines an air throttling channel arranged for restricting air supplied to the flow path to the cartomizer (Figure 3A, throttle member 310, [0056]). Mo also teaches that the throttle member helps to regulate the draw effort and air volume intake to better suit user requirements [0056].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wen to incorporate the teaches of Mo to provide a throttle member (which would in turn create an “air throttling channel”) because doing so would help to regulate the draw effort and air volume intake to better suit user requirements, as recognized by Mo [0056].
Regarding claim 3, modified Wen discloses the aerosol generating device according to claim 2, wherein the air throttling channel extends transversally along the power and control interface, towards the flow path of the flow sensor (when the air throttle member of Mo is combined with Wen, the channel would extend along airflow passage A of Wen (see Figure 3 and at least [0030] of Wen)).
Regarding claim 4, modified Wen discloses the aerosol generating device according to claim 3, wherein the air throttling channel is delimited by a pair of support edges of an outer surface of the non-deformable holder configured for defining a width of the air throttling channel (Wen, Figure 3, airflow passages A and B are at least partially defined by inner housing 12, [0030] and [0046]).
Regarding claim 5, modified Wen discloses the aerosol generating device according to claim 4, wherein the air throttling channel communicates with to the flow path of the airflow sensor by an enlarged outer cavity (Wen, Figure 3, cavity inside mounting base 121 communicates with airflow passages A and B (which is where “throttling channel” is when combined with the teaching of Mo), see [0030] and [0046] of Wen).
Regarding claim 6, modified Wen discloses the aerosol generating device according to claim 5, wherein the enlarged outer cavity is formed at the surface of the deformable seal (Wen, Figure 3, mounting base 121 (which contains the “cavity) is connected to the surface of first sealing member 125, [0030] and [0043].
Regarding claim 14, Wen discloses the aerosol generating system according to claim 13, as set forth above. Wen fails to disclose wherein the cartomizer comprises a throttling air suction arrangement downstream of the air inlet.
Mo teaches a similar vaporizing device containing an airflow sensor wherein the cartomizer comprises a throttling air suction arrangement downstream of the air inlet (Figure 3A, throttle member 310, [0056]). Mo also teaches that the throttle member helps to regulate the draw effort and air volume intake to better suit user requirements [0056].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wen to incorporate the teaches of Mo to provide a throttle member because doing so would help to regulate the draw effort and air volume intake to better suit user requirements, as recognized by Mo [0056].
Regarding claim 15, modified Wen discloses the aerosol generating device according to claim 14, wherein the non-deformable holder defines an air throttling channel arranged for restricting air supplied to the flow path of the airflow sensor and to the cartomizer (Wen, Figure 3, airflow passages A and B are at least partially defined by inner housing 12, [0030] and [0046], also the air throttle member of Mo from combination of claim 14 above creates the “air throttling channel”),
and wherein an air inlet interface of the atomizer forms with the deformable seal of the aerosol generating device an expansion chamber between the throttling air suction arrangement of the cartomizer and the air throttling channel of the aerosol generating device (Wen, Figure 3, expansion chamber is chamber with a much larger diameter right below designation of “transfer passage B”, [0043]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 2020/0205476) in view of Hejazi (US 2019/0289909).
Regarding claim 10, Wen discloses the aerosol generating device according to claim 1, as set forth above. Wen fails to disclose wherein the non-deformable holder comprises passages for a pair of holding magnets.
Hejazi teaches a similar aerosol delivery device including a cartridge wherein the holder comprises passages for a pair of holding magnets (Figures 2 and Figure 4, cartridge base 530 contains spaces (i.e. “passages”, one on each side of Figure 4) that can contain magnets for connecting with control body 200, [0063]). Hejazi also teaches that the magnets create a connection between the cartridge base and the control body so that the parts do not easily move relative to each other [0063].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wen to incorporate the teachings of Hejazi to provide magnets and spaces (i.e. passages) for holding said magnets to create a connection between the cartridge and the device because doing so would create a connection between the cartridge base and the control body so that the parts do not easily move relative to each other, as recognized by Hejazi [0063].
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 2020/0205476).
Regarding claims 11 and 12, Wen discloses the aerosol generating device according to claim 1, as set forth above. Wen fails to explicitly disclose wherein the non-deformable holder comprises a transversal support wall for supporting an electronic circuit board for the electrical contacts and the airflow sensor and wherein the deformable seal is positioned between the electronic circuit board and the receiving cavity, but does disclose all of the above parts (Figure 3, right wall of mounting base 121 (where arrow is pointing in Figure 3 is the “transversal support wall”), inner housing 12 (“non-deformable seal”), control circuit board 14 (“electronic circuit board”), puff sensor 15 (“airflow sensor”), receiving cavity 126 (“receiving cavity”), and first sealing member 125 (“deformable seal”), [0028]-[0030] and [0043]). See MPEP 2144.04.VI.C. “Rearrangement of Parts” In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange electric circuit board of Wen to be by the transversal support wall, non-deformable holder, deformable seal, and receiving cavity because doing so would only be an obvious simple rearrangement of parts. See MPEP 2144.04.VI.C.
Response to Arguments
Applicant's arguments filed December 17, 2025 have been fully considered but they are not persuasive.
Regarding Applicant’s argument (pages of Remarks are not numbered, but this argument can be found on pages 1-3 of the document starting with “REMARKS” on the top) regarding an improper “rearrangement of parts” rejection, Examiner contends that the instant case would be similar to the conclusion of “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.)” (see MPEP 2144.04.VI.C.) that the shifting of position of the seal and airflow sensor would not have modified the operation of the device in this case. Also, regarding the sealing member of Wen not having an “inner cavity”, the sealing member 125 does appear to have sides that fold down (see Figure 3) and therefore any space below that could be considered an “inner cavity”. Additionally, the air sensor could be easily envisioned to be moved along with its current housing to inside that “inner cavity” area of the sealing member of Wen to one of ordinary skill in the art. Therefore, the argument is not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.Z.B./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747