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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/06/2026 has been entered.
Response to Arguments
The applicant’s arguments in the indefiniteness rejection of claim 3 is persuasive, and the rejections to claims 3 and 4 on the grounds of indefiniteness is accordingly withdrawn.
Additionally, where the applicant asserts that claim 1, which is amended to recite that the battery module includes poles disposed on the second portion of the battery, overcomes the rejection of claim 1 in view of Fu, this argument has been fully considered but is not persuasive.
The applicant asserts that the second portion of the battery of Fu has no poles for board-to-board connection, asserting that the battery connector point 124a is not a part of battery 124. The applicant further asserts that protection circuit 1240 is mounted on the electrodes of the battery which emerge from it at the end, and consequently the cited second portion of the battery of Fu has no poles for board-to-board connection. This argument has been fully considered but is not persuasive.
Here, the second portion of the battery is mapped in the rejection as comprising the rightmost portion of the battery, including component 124a and protection circuit module 1240 (Paragraph 0125, “connection with the battery 124 via the battery connector point 124 a”), where Fu’s figure 10A specifically presents components 124a and protection circuit module 1240 as being a part of the battery, further supported by their specification paragraph 0126, which cites the protection circuit module 1240 as being a part of the battery (Paragraph 0126, “the battery 124 may be a high energy density battery with […] a protection circuit module (PCM) 1240”). Accordingly, where the second portion of the battery comprises the battery connector point 124a, the contact points between the battery connector point 124a and the battery connector 125 are poles disposed on the second portion of the battery, the poles being configured for connection to a board-to-board connector 125 (Paragraph 0133, “The bottom liner is removed and the battery connector point 124a is pressed into the battery connector 125 on the PCBA 126 to ensure a proper engagement”).
Here, it is noted that where the applicant’s arguments look to limit the definition of the battery, no limiting restrictions to the definition of the battery have been provided in the claims. If the applicant’s intent is to limit the definition of the battery to, for example, only include components which have an energy storage function, then such limitations would need to be explicitly presented in the claims or defined. Otherwise, the claims will be interpreted based on the broadest reasonable interpretation in view of the specification, consistent with MPEP section 2111. As currently presented in the claims, the limitations which require “a first portion” and “a second portion” are not defined sufficiently in the specification to require any structure beyond that explicitly required by the claim, as the broadest reasonable interpretation of a first portion and a section portion would require only two portions that can be delineated between, in addition to the thickness limitations presented in the claims. Accordingly, the rejection in view of Fu is maintained.
Claim Rejections - 35 USC § 102
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10, 12-13, 15-17 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu (US 20190364968 A1).
Regarding Claim 1, Fu is an analogous art to the instant application, disclosing a battery module for an aerosol generating system (Paragraph 0057, “As such, to vaporize the vaporizable material held in the wicking material, the vaporizer device may increase the temperature of the heating coil by allowing a battery to discharge to the heating coil.”), where the battery module comprises a battery which extends substantially in a longitudinal direction, shown in Fu’s figure 4C, where the battery 124 (Paragraph 0071, “A battery 124 is included in the vaporizer body 110”) has a length which extends in a direction which is a longitudinal direction, as well as a width and thickness which are each measured orthogonally to the longitudinal direction, as a result of the battery being a three-dimensional structure.
Additionally, Fu discloses a printed circuit board assembly connected to the battery (Paragraph 0071, “A battery 124 is included in the vaporizer body 110 , and the controller 128 may control and/or communicate with a voltage monitor 131 circuitry configured to monitor the battery voltage,”).
Additionally, Fu discloses structure where the battery comprises, along the longitudinal direction a first portion of a first thickness, and a second portion comprising opposite faces, which define a second thickness of said second portion, the second thickness being less than the first thickness, where the second portion is the rightmost portion of the battery, including component 124a and protection circuit module 1240 (Paragraph 0125, “connection with the battery 124 via the battery connector point 124 a”). Here, where the first portion includes up to the remainder of the body of the battery, the second thickness is less than the first thickness.
Additionally, Fu discloses structure wherein the second portion of the battery module is provided with poles configured for connection to a board-to-board connector. Here, the term “is provided with” is interpreted as having access to, based on figure 2 and page 9 of the specification, which states that the second portion P2 of the battery is provided with electric poles 8, where the poles are a separate component which is attached to and connected to the second portion 6 of the battery 1. Additionally, the poles being configured to connection to a board-to-board connector does not require that the poles perform board-to-board connection, but rather that they connect to a board-to-board connector.
Here, looking to figure 10A, the second portion contains protection circuit module 1240 and battery connector point 124a, which are directly connected to the battery poles (Paragraph 00126, “Consistent with some implementations of the current subject matter, the battery 124 may be a high energy density battery with over current and thermal protection, under voltage lockout, fuel gauge, and a protection circuit module (PCM) 1240 (attached to a PCM board 1242 ) that may disconnect the battery 124 in over voltage or over current events.”).
Additionally, in regards to the limitation which requires that the poles are disposed on the second portion of the battery, the poles being configured for connection to a board-to-board connector, the second portion of the battery is mapped above as comprising the rightmost portion of the battery, including component 124a and protection circuit module 1240 (Paragraph 0125, “connection with the battery 124 via the battery connector point 124 a”), where Fu’s figure 10A specifically presents components 124a and protection circuit module 1240 as being a part of the battery, further supported by their specification paragraph 0126, which cites the protection circuit module 1240 as being a part of the battery (Paragraph 0126, “the battery 124 may be a high energy density battery with […] a protection circuit module (PCM) 1240”). Accordingly, where the second portion of the battery comprises the battery connector point 124a, the contact points between the battery connector point 124a and the battery connector 125 are poles disposed on the second portion of the battery, the poles being configured for connection to a board-to-board connector 125 (Paragraph 0133, “The bottom liner is removed and the battery connector point 124a is pressed into the battery connector 125 on the PCBA 126 to ensure a proper engagement”).
Regarding Claim 3, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure further comprising a flexible printed circuit connected to the printed circuit board assembly (Paragraph 0101, “Also shown in FIG. 4B is the battery 124 , which is configured to fit along a portion of the flexible layer 402 of the integrated board assembly 400 , proximate to the connection 118 , and coupled to the PCBA 126 via a board-to-board connection, as described in greater detail with reference to FIGS. 10A and 10B.”), which carries the board-to-board connector that is connected to the poles of the battery, by means of their coupling.
Regarding Claim 4, Fu anticipates the invention of Claim 3. Additionally, Fu discloses structure wherein their flexible printed circuit further comprises electrical contacts configured for connection to a charger for charging the battery (Paragraph 0101, “Also shown in FIG. 4B is the battery 124 , which is configured to fit along a portion of the flexible layer 402 of the integrated board assembly 400 , proximate to the connection 118 , and coupled to the PCBA 126 via a board-to-board connection, as described in greater detail with reference to FIGS. 10A and 10B.”), thereby including electrical contacts configured for connection to a charger for charging the battery (Paragraph 0087, “The vaporizer body 110 also includes the connection (e.g., USB-C connection, micro-USB connection, and/or other types of connectors) 118 for coupling the vaporizer body to a charger to enable charging the battery 124”).
Regarding Claim 5, Fu anticipates the invention of Claim 4. Additionally, Fu discloses structure wherein the flexible printed circuit board, shown in Fu’s figure 4B as including components 126, 402, and 4025, extends around the faces of the battery 124, shown in Fu’s figure 4C, as being situated against all of the faces of the second portion of the battery, including the face which is the opposite face of the second portion of the battery to which the face where the printed circuit board assembly is electrically connected, where the connection face includes the connection point 125a (Paragraph 0125, “As shown in FIG. 5A, The battery connector 125 is provided on a top surface of the PCBA 126 for connection with the battery 124 via the battery connector point 124 a”).
Regarding Claim 6, Fu anticipates the invention of Claim 1. Additionally, where the instant claim requires that the second thickness of the second portion is between 10% and 70% of the first thickness of the first portion, where no structure is given to the sections of the first and second portions beyond having relative thickness, any two segments which meet the requirements of the claim can be considered as being segments, accordingly, sections of the battery 124 can be considered as being second portions and first portions which have thicknesses which meet the limitations of the instant claim.
Regarding Claim 7, Fu anticipates the invention of Claim 1. Additionally, where claim 1 requires structure where the battery comprises a single cell, Fu’s structure must inherently meet the limitations of the instant claim, where even if a battery contains more than one battery cell, it, as a result, does comprise a single cell.
Regarding Claim 8, Fu anticipates the invention of Claim 4. Additionally, Fu discloses structure where the battery module comprises two ends in the longitudinal direction shown in their figure 1C, as well as further comprising at one of the two ends, a battery cover which holds charging points for connection to a charger for charging the battery, where the portions of the cover 112 which surround charger 118 are the battery cover which holds charging contact points for charging the battery (Paragraph 0087, “The vaporizer body 110 also includes the connection (e.g., USB-C connection, micro-USB connection, and/or other types of connectors) 118 for coupling the vaporizer body to a charger to enable charging the battery 124”).
Regarding Claim 9, Fu anticipates the invention of Claim 8. Additionally, Fu discloses structure wherein the charging contact points held by the battery cover are the electrical contacts of the flexible printed circuit board (Paragraph 0087, “The vaporizer body 110 also includes the connection (e.g., USB-C connection, micro-USB connection, and/or other types of connectors) 118 for coupling the vaporizer body to a charger to enable charging the battery 124”).
Regarding Claim 10, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure wherein the battery cover comprises a ferromagnetic sheet, through their disclosure of a magnetic lock which locks the cartridge 150 to the cartridge receptacle 114 (Paragraph 0196, “The cartridge 150 can couple within the cartridge receptacle 114 by a friction-fit, snap-fit, and/or other types of secure connection. In some implementations, any of a variety of complementary coupling features may be incorporated, including but not limited to tab, indent, magnetic lock”).
Regarding Claim 12, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure wherein the battery module comprises successively in the longitudinal direction, the printed circuit board of the battery, the first portion of the battery, and a pressure transducer, represented in Fu’s figure 5, wherein printed circuit board includes portion 402 (Paragraph 0097, “As further shown in FIG. 4B, a flexible layer 402 , which is an inner layer of the PCBAs 126 , 127 , extends between and from the PCBAs 126 , 127.”), which extends past the end of the battery module 124, resulting in structure where the printed circuit board is successively followed by the battery’s first portion, which is contained within the scope of the battery 124, which is successively followed by the pressure sensor 137 which is a pressure transducer (Paragraph 0110, “Shown in FIGS. 5C and 5D, on the bottom portion or layer of the PCBA 126 are the controller 128 , the LEDs 136 a,b,c,d , the pressure sensor 137”), where the printed circuit board assembly by a second flexible printed circuit, shown in figure 5C, where the pressure sensor is connected by surrounding flexible printed circuits.
Regarding Claim 13, Fu discloses an aerosol generating system comprising the battery module according to claim 1 (Paragraph 0056, “Implementations of the current subject matter are directed to a vaporizer device body that is configured to couple to a cartridge containing a vaporizable material to produce a vaporized aerosol.”; Paragraph 0071, “A battery 124 is included in the vaporizer body 110”), as well as an aerosolization module (Paragraph 0231, “The cartridge 150 may include a vaporizing assembly of vapor-generating components”) which is removably connected to the battery module (Paragraph 0201, “The outer surface of the cartridge 150 may incorporate one or more three-dimensional features such as slots, knurling, or other type of finger grips that aid a user during installation and removal of the cartridge 150 from the vaporizer body 110 .”), facilitated by removability of an aerosol cartridge 150 from the vaporizer body 110, as well as displayed in figure 4B, which additionally shows removable de-constructable structure of the entire assembly.
Regarding Claim 15, Fu anticipates the invention of Claim 1. Additionally, where the instant claim requires that the second thickness of the second portion is between 20% and 40% of the first thickness of the first portion, where no structure is given to the sections of the first and second portions beyond having relative thickness, any two segments which meet the requirements of the claim can be considered as being segments, accordingly, sections of the battery 124 can be considered as being second portions and first portions which have thicknesses which meet the limitations of the instant claim.
Regarding Claim 16, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure wherein the printed circuit board assembly 126 is connected to the battery on the second portion of the battery which includes battery connector portion 124a, as shown in figures 10a and 10b.
Regarding Claim 17, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure wherein the printed circuit board assembly 126 is electrically connected to the battery (Paragraph 0125, “The battery connector 125 is provided on a top surface of the PCBA 126 for connection with the battery 124 via the battery connector point 124 a . The battery connecter 125 may conveniently replace a solder connection for connecting the battery to the PCBA 126 .”).
Regarding Claim 19, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure where the battery comprises a parallelepiped shape with rounded longitudinal edges, shown in figure 10A, where all edges of the battery cell are rounded.
Regarding Claim 20, Fu anticipates the invention of Claim 1. Additionally, Fu discloses structure wherein the battery module comprises a flexible printed circuit extending from an upper end of the battery module to a bottom end of the battery module, here the flexible layer 402 (Paragraph 0097, “As further shown in FIG. 4B, a flexible layer 402 , which is an inner layer of the PCBAs 126 , 127 , extends between and from the PCBAs 126 , 127 .”), which extend from an upper end of the battery module to a bottom end of the battery module, where the while circuit board extends from an upper end to a bottom end, and due to comprising a flexible section, may be considered to be a flexible printed circuit.
Regarding Claim 21, Fu anticipates the invention of Claim 20. Additionally, Fu discloses structure where the flexible printed circuit board comprises electrical contacts 133 configured for connection to a charger for charging the battery (Paragraph 0107, “Reset circuit 132 , battery charger 133 , and wireless communication circuitry 142 are provided on the top portion of the PCBA 126 .”).
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.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu (US 20190364968 A1) as applied to claim 10 above, and further in view of Marple (US 20050277023 A1).
Regarding Claim 11, Fu anticipates the invention of Claim 10. Additionally, in regards to the limitation of the instant claim which requires structure wherein the ferromagnetic sheet is cold rolled steel, though Fu discloses structure which comprises a magnetic lock (Paragraph 196, “The cartridge 150 can couple within the cartridge receptacle 114 by a friction-fit, snap-fit, and/or other types of secure connection. In some implementations, any of a variety of complementary coupling features may be incorporated, including but not limited to tab, indent, magnetic lock,”), they are silent in regards to the structure of the metal which makes up the ferromagnetic magnet.
Therefore, we look to Marple, which is an analogous art to the instant application, disclosing a battery module (Abstract, “Electrochemical battery cells, and more particularly, to cells comprising a lithium negative electrode and an iron disulfide positive electrode.”). Here, Marple discloses that their battery’s terminal cover should have a good resistance to corrosion by water in the ambient environment (Paragraph 0062, “The terminal cover should have good resistance to corrosion by water in the ambient environment,”), stating that their terminal cover is made from nickel plated cold rolled steel (Paragraph 0062, “Terminal covers are often made from nickel plated cold rolled steel”). Here, where the invention of Fu is a battery for an aerosolization module, where said aerosolization may result in the potential for exposure of the battery to material which can cause corrosion, it would therefore be obvious to one ordinarily skilled in the art to make use of the terminal cover structure of Marple, thereby resulting in structure wherein the battery cover comprises a terminal cover which is cold rolled steel, which is a ferromagnetic sheet, thereby reading upon and making obvious the limitations of the instant claim.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu (US 20190364968 A1) as applied to claim 10 above, and further in view of Novak (US 20200113242 A1).
Regarding Claim 14, Fu discloses a set including an aerosol generating system comprising the battery module according to claim 10 (Paragraph 0056, “Implementations of the current subject matter are directed to a vaporizer device body that is configured to couple to a cartridge containing a vaporizable material to produce a vaporized aerosol.”; Paragraph 0071, “A battery 124 is included in the vaporizer body 110”), as well as an aerosolization module (Paragraph 0231, “The cartridge 150 may include a vaporizing assembly of vapor-generating components”) wherein the battery cover comprises a ferromagnetic sheet, through their disclosure of a magnetic lock which locks the cartridge 150 to the cartridge receptacle 114 (Paragraph 0196, “The cartridge 150 can couple within the cartridge receptacle 114 by a friction-fit, snap-fit, and/or other types of secure connection. In some implementations, any of a variety of complementary coupling features may be incorporated, including but not limited to tab, indent, magnetic lock”), as well as a battery charger (Paragraph 0071, “a battery charger 133”).
Additionally, where the claim requires structure wherein the battery charger comprises at least one magnet configured to attract and retain the ferromagnetic sheet when an end surface of the battery module comprising the battery cover is placed against a surface of the battery charger, Fu fails to disclose said structure, where their ferromagnetic sheet is a portion of the cover set to act as a magnetic lock between the cartridge of the aerosol generator and the battery cover (Paragraph 0196, “The cartridge 150 can couple within the cartridge receptacle 114 by a friction-fit, snap-fit, and/or other types of secure connection. In some implementations, any of a variety of complementary coupling features may be incorporated, including but not limited to tab, indent, magnetic lock”).
Therefore, we look to Novak, which is an analogous art to the instant application, disclosing an aerosol delivery device (Abstract, “The present disclosure provides an aerosol delivery device”), and a battery charger (Paragraph 0164, “and thus may be combined with any type of recharging technology, including…”). Here, Novak further discloses structure where their battery cover comprises ferromagnetic sheet components configured to magnetically connect with end cap pins that are a part of a charger (Paragraph 0172, “In some implementations, a bottom surface of the end cap pins 441 A, 441 B (which, in some implementations, may be flat) may be configured to provide attraction for magnets contained in an external charger assembly. In such a manner, the end cap pins 441 A, 441 B may be made of any material configured to be attracted by a magnet, such as various ferromagnetic materials, including, but not limited, to steel, iron, nickel, cobalt, other alloys, and/or any combination thereof. A detailed view of the end cap assembly is shown in FIG. 16.”).
Accordingly, where Novak discloses the use of magnetic components to attach the charger to the battery cover during charging, this presents the benefits of improved handleability, and reduces the risk of the character and battery becoming disconnected during charging. Accordingly, based on these effects, as well as further disclosing structure that Fu is silent in regards to for their battery-charger connection, it would be obvious to one ordinarily skilled in the art to make use of the magnetic charger structure of Novak, thereby resulting in structure wherein the battery cover comprises a ferromagnetic sheet, and the battery charger comprises at least one magnet configured to attract and retain the ferromagnetic sheet when an end surface of the battery module comprising the battery cover is placed against a surface of the battery charger.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu (US 20190364968 A1) as applied to claim 10 above, and further in view of Pezdek (US 20170222207 A1)
Regarding Claim 18, Fu anticipates the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires that the battery comprise cells in a parallel arrangement, Fu is silent in regards to the cell structure within their battery 124. Therefore, we look to Pezdek, which is an analogous art to the instant application, being directed towards the art of battery modules (Abstract, “battery cell connector for a battery module”). Here, Pezdek teaches that parallel connections of cells increase the total energy capacity available (Paragraph 0001, “Parallel connections of cells increase the total energy capacity available.”). Pezdek further discloses the use of cells connected in parallel through battery cell connectors (Paragraph 0058, “In one embodiment, electrically-conductive channel 445 includes or is electrically connected to a balancing circuit that balances battery cells connected with each other, such as battery cells connected in parallel with each other through battery cell connectors (e.g., connectors 410 of FIGS. 4A-C).”), with their connectors connected to an interconnect board which monitors the state of charge and temperature of individual cells, identifying issues with individual cells, thereby improving the safety of the system by performing tests without requiring disassembly (Paragraph 0012, “The interconnect board of the invention can include a circuit board of at least one electrically-conductive channel that enables features including cell balancing and monitoring of battery cells connected to the circuit board. The monitoring of battery cells can include, for example, the state of charge and temperature of the individual battery cells. Individual monitoring of cells in a plurality of battery cells, such as the plurality of cells of a battery module, enables identification of individual cells that require replacement while the battery module is in operation, and without requiring removal of the entire battery module and individual testing of battery cells of the module.”).
Based on this teaching, where Fu identifies safety in regards to overheating to be a goal of their invention (Paragraph 0125, “Although the battery 124 can be located in other locations, the battery placement at the opposite end from the heater 166 may avoid issues related to overheating the battery.”), it would therefore be obvious to one ordinarily skilled in the art to make use of the parallel battery arrangement, connector, and interconnect board of Pezdek for the battery cells of the invention of Fu, thereby reading upon and making obvious the limitation of the instant claim which requires that the battery comprises cells in a parallel arrangement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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