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 6-17 are pending and are subject to this office action. Claims 1-2, 6-8, 11, and 13-14 are amended. Claims 4-5 are canceled.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 01/09/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 1-2, filed 01/09/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to remove the limitation “wherein the outer wall is configured to rupture….when the pressure inside the device is greater than a predetermined threshold pressure.” Claim 1 presently requires at least a portion of the outer wall is configured to bend or be detached from the frame when the pressure inside the device is greater than a predetermined threshold pressure. Hon discloses grooves/score lines (6a-6f) formed on the inner surface of the housing (2) which form an opening in the housing to release pressure in the event of a battery failure (i.e. when the pressure in the device exceeds a predetermined threshold, Fig. 3b, Fig. 3c, [0010, 0014, 0028]). Hon does not explicitly disclose at least a portion of the outer housing bends when the opening is formed.
Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of a combination of previously applied art and newly found prior art.
The prior art rejections below are maintained and modified where necessitated by Applicant’s amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation, “the weak area” in line 2. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a weak area. For the purposes of examination, claim 7 will be interpreted as a weak area formed in the outer wall with a reduced thickness compared to the rest of the outer wall.
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.
Claims 1-3, 8, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20210093003 A1) in view of Leadley (US 20230097652 A1).
Regarding claim 1, Liu discloses an electronic cigarette (Fig. 1), comprising:
A housing (31, “frame”) and a front cover plate (32, “outer wall”) attached to the housing (31, “frame”) which are considered to meet the claim limitation of an outside casing (Fig. 3, Fig. 4, [0023]).
The outside casing delimits an inside part comprising a battery (38, “power supply device”) and receiving cavity formed at the top of the housing (31) for receiving a tank (22, “cartridge”, Fig. 3, [0023])
The front cover plate (32, “outer wall”) extends along the longitudinal axis of the electronic cigarette (Fig. 3).
Liu does not explicitly disclose at least a portion of the front cover plate (32, “outer wall”) is configured to bend and/or be detached from the frame when the pressure inside the device exceeds a predetermined threshold.
However, Leadley, directed to a cartomizer (100, Fig.1, [0020]), discloses:
A wall (110) comprising a resilient portion (115) comprising a membrane that allows the wall to move in response to pressure changes, including an increase in pressure internal to the wall (110, “i.e. where the pressure inside the device is greater than a predetermined threshold, Fig. 1, [0021-0026, 0039]), and;
The movement of the wall (110) includes bending ([0021]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by providing a resilient portion on the front cover plate as taught by Leadley because both Liu and Leadley are directed to electronic cigarettes, Leadley teaches the resilient portion allows the walls to move in response to pressure changes, and this involves applying a known pressure relief structure to a similar electronic cigarette to yield predictable results.
Regarding claim 2, Liu discloses the electronic cigarettes has two extremities (i.e. a top and bottom end) along the longitudinal axis, and the front cover plate (32, “outer wall”) is positioned in a central portion of the electronic cigarette (Fig. 3, Fig. 4).
Leadley discloses a wall having a resilient portion (115) that bends in response to pressure changes (Fig. 1, [0021-0026]).
Therefore, a person having ordinary skill in the art would reasonably expect a resilient portion on front cover to bend away from the two extremities (i.e. bend outward) when the pressure in the device is greater than a predetermined threshold pressure.
Regarding claim 3, Liu discloses a front cover plate (32) having an outer surface defining the outer surface of the electronic cigarette (Fig. 4) which reasonably suggests the outer surface of the front cover plate (32, “outer wall”) is configured to be held by the user.
Regarding claim 8, Liu discloses a front cover plate (32, “outer wall”, Fig. 4, [0025]). Leadley discloses a wall (110) having a resilient portion (115) comprising a membrane that bends in response to pressure changes (Fig. 1, [0021-0026, 0039]). The portion of the wall without the resilient portion is considered to be a first portion and the resilient portion is considered to be a second portion attached to a first portion by a fixing means allowing the second portion to bend when the pressure inside the device exceeds a threshold.
Regarding claim 11, Liu discloses a back cover plate (34, “second outer wall”) attached to the housing (31, “frame”, Fig. 3, Fig. 4) parallel to the longitudinal axis of the device.
Leadley discloses a wall having a resilient portion (115) comprising a membrane that bends in response to pressure changes (Fig. 1, [0021-0026, 0039]), where more than one resilient portion (515, 516) may be provided to deliver greater adaptability to changes in pressure (Fig. 5, [0035]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by providing an additional resilient portion on the back cover plate as taught by Leadley because both Liu and Leadley are directed to electronic cigarettes, Leadley teaches additional resilient portions can be provided to deliver greater adaptability to changes in pressure, and this involves applying additional pressure relief structures in a known manner to a similar electronic cigarette to yield predictable results.
Regarding claim 12, Liu discloses the electronic cigarette generally comprises a parallelepiped extending along the longitudinal axis and the front cover plate (32) and back cover plate (34) form a pair of parallel sides of the parallelepiped (Fig. 4).
Regarding claim 14, Liu discloses the housing (31, “frame”) defines an opening delimited by an edge, where the edge comprises a protruding part for retaining the front cover plate (32) in the opening, as shown in the annotated Fig. 3 below.
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Claims 6, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20210093003 A1) in view of Leadley (US 20230097652 A1), as applied to claim 1 above, further in view of Liu (US 20200315262 A1, hereinafter referred to as Liu (5262)).
Regarding claim 6, Liu discloses the front cover plate (32, “outer wall”) is attached to the housing (31, “frame”, Fig. 4, [0025]).
Liu is silent to the fixing means used to attach the outer wall to the frame.
However, Liu (5262), directed to an electronic cigarette (abstract), discloses:
A battery assembly comprising a cover plate (23) and a plurality of screws (22, “first fixing means”) for attaching the cover plate (23) to the battery assembly (Fig. 3, [0023])
The area where the screws (22) attach the cover plate (23) to the to the battery assembly is considered to be an attaching area and the areas between the attaching areas are considered to be a contact area that is different from the attaching area arranged to contact the frame without fixing means.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by attaching the front cover plate to the frame using screws as taught by Liu (5262) because both Liu and Liu (5262) are directed to electronic cigarettes, Liu is silent to fixing means for attaching the front cover plate to the housing, Liu (5262) teaches a known fixing means for attaching a cover plate to a housing, and one having ordinary skill in the art would be motivated to look to similar devices for different fixing means and this involves applying known fixing means to a similar electronic cigarette to yield predictable results.
Regarding claim 13, Liu discloses the front cover plate (32, “outer wall”) is attached to the housing (31, “frame”, Fig. 4, [0025]).
Liu is silent to the fixing means used to attach the outer wall to the outside casing.
However, Liu (5262), directed to an electronic cigarette (abstract), discloses:
A battery assembly comprising a cover plate (23) and a plurality of screws (22, “mechanical fixation”) for attaching the cover plate (23) to the battery assembly (Fig. 3, [0023])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by attaching the front cover plate to the frame using screws as taught by Liu (5262) because both Liu and Liu (5262) are directed to electronic cigarettes, Liu is silent to fixing means for attaching the front cover plate to the housing, Liu (5262) teaches a known fixing means for attaching a cover plate to a housing, and one having ordinary skill in the art would be motivated to look to similar devices for different fixing means and this involves applying known mechanical fixation means to a similar electronic cigarette to yield predictable results.
Regarding claim 17, Liu (5262) discloses the mechanical fixation comprises screwing the cover plate (23) to the battery housing using screws (22, Fig. 3, [0023]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20210093003 A1) in view of Leadley (US 20230097652 A1), as applied to claim 1 above, further in view of Hon (US 20170188632 A1).
Regarding claim 7, Liu discloses a front cover plate (32, “outer wall, Fig. 4, [0025]).
Liu does not explicitly disclose the front cover plate/outer wall comprises a thinner region with a reduced thickness compared to the rest of the outer wall.
However, Hon, directed to an electronic cigarette (1, [0009]), discloses
One or more grooves (6f-6g) formed on the inner surface of a housing (2) which form an opening in the housing (2) to release pressure in the event of a battery failure (Fig. 3c, [0010, 0014, 0028]).
The groove has a thinner region toward the outer edge of the housing compared to the rest of the housing wall.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by providing an groove/thinner region on the cover plate as taught by Hon because both Liu and Hon are directed to electronic cigarettes, Hon teaches the grooves allows the pressure to release in the event of a battery failure and this involves applying an additional known pressure relief structure to a similar electronic cigarette to yield predictable results.
Claims 9, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20210093003 A1) in view of Leadley (US 20230097652 A1), as applied to claim 1 above, further in view of Rusico (US 20180070636 A1).
Regarding claim 9, Liu discloses an electronic cigarette comprising a front cover plate (32, “outer wall”).
Liu is silent to the material used for the front cover plate (32).
However, Rusico, directed to an aerosol generating device (abstract), discloses:
A frame (108) for supporting a power supply (110, Fig. 2, Fig. 4, [0053])
The frame is formed of an electrical insulator including polycarbonate or a composite comprising glass fibers ([0011]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by forming the front cover of polycarbonate or a glass fiber containing composite as taught by Rusico because both Liu and Rusico are directed to electronic cigarettes, Liu is silent to the material used for the battery housing, Rusico teaches known materials for a battery housing, and one having ordinary skill in the art would be motivated to look to similar devices for selection of suitable battery housing materials and this involves applying known housing material to a similar electronic cigarette to yield predictable results.
Regarding claims 10 and 16, Rusico discloses a battery housing formed of polycarbonate ([0011]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20210093003 A1) in view of Leadley (US 20230097652 A1), as applied to claim 1 above, further in view of Kalish (US 20180279676 A1).
Regarding claim 15, Liu discloses a housing (31, “frame”, Fig. 3).
Liu is silent to materials used for the housing.
However, Kalish, directed to an electronic vaporizer (100), discloses:
A frame comprising a casing body (110) for storing batteries, a top body cap (150), and base (114) constructed of titanium, stainless steel, or aluminum (Fig. 1, [0037, 0040-0041]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Leadley, by forming the housing/frame of titanium, stainless steel, or aluminum as taught by Kalish because both Liu and Kalish are directed to electronic cigarettes, Liu is silent to the material used for the housing/frame, Kalish teaches known materials for a frame, and one having ordinary skill in the art would be motivated to look to similar devices for selection of suitable frame materials and this involves applying known housing material to a similar electronic cigarette 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 MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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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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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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