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 16-18, 22-23, 25, and 27-33 are pending and are subject to this office action. Claims 19-21, 24, and 26 are cancelled.
Examiner Comment
This action is a second non-final rejection due to the new grounds of rejection.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 12/01/2025 containing amendments and remarks to the claims.
Applicant has provided corrected drawings with labels written in English. The drawings have been reviewed and accepted. Therefore, the objection to the drawings is withdrawn.
Claim 24 has been cancelled and therefore the objection to claim 24 is withdrawn.
Claim 30 has been amended to address the minor informalities. Therefore, the objection to claim 30 has been withdrawn.
Claims 18 has been updated to remove the antecedent basis issue and Claim 32 has been updated to remove the relative term. Therefore, the rejection of claims 18 and 32 under 35 U.S.C. 112(b) have been withdrawn.
Response to Arguments
Applicant’s arguments, see pg. 9-11, filed 12/01/2025, with respect to the rejection of amened claim 16 have been fully considered and are persuasive. Applicant has amended claim 16 to require limitations previously presented in dependent claims 19-21, and 24. The rejection of claim 16 under 35 U.S.C. 102(a)(1) and 102(a)(2) has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of a new interpretation of previously applied prior art.
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 16-18, 23, 25, 27-28, and 31-22 are rejected under 35 U.S.C. 103 as being unpatentable over Trzecieski (US 20190166913 A1) in view of Ferrie (US 20220095684 A1) and Hupkes (US 20220248762 A1).
Regarding claim 16, Trzecieski discloses a cartridge assembly (200, “cartridge unit”), wherein:
The cartridge assembly (200, “cartridge unit”) is inserted into receptable (116, Fig. 1) and is attached to a control assembly (108, “control unit”) through air intake manifold (110, Fig. 1, Fig. 7, [0209, 0219, 0254-0256]).
The control assembly (108, “control unit”) can be replaced by accessing device cover (144, Fig. 3, [0234], “detachably arranged”)
The cartridge assembly (200) comprises:
A cartridge housing (202, 214) containing a reservoir (216, Fig. 4, Fig. 8, [0275, 0279]). The cartridge housing (202,214) is considered to meet the claim limitation of a reservoir housing,
The top portion (202B, Fig. 8) of the cartridge housing (202, 214) defines a mouthpiece closure with a cartridge aperture (218, “mouthpiece opening”, Fig. 8, [0277]),
The cartridge aperture (218, “mouthpiece opening”) is fluidly connected to heating chamber section (226, Fig. 8, “aerosolization zone”, [0276, 0281]) and fluid conduit (204, extending from end 204A to end 204B Fig. 8, “air duct element”, [0276]),
The reservoir (216) stores a vaporizable material (50, “aerosol precursor compound,” Fig. 8, [0279, 0294]),
A wicking element (208, “liquid transport element”) supplies the vaporizable material (50) to a heating assembly (210, “heating element”) positioned within the heating chamber (226, “aerosolization zone”, Fig. 8 [0294]),
The heating assembly (210) is electrically connected through electrical couplings (268, “first and second line connecting lines”) which extend through base member (244) to supply electrical power to the heating assembly (210, Fig. 5, [0300, 0311, 0323]),
The bottom portion (end 202A) of the cartridge housing (202, 214) is considered to meet the claim limitation of a cartridge closure opposite the mouthpiece closure (Fig. 4, Fig. 7), and;
An end cap assembly (212, “control element body”) arranged in the cartridge closure (Fig. 4, [0308]), the end cap assembly (212) having a plurality of electrical contacts (272, Fig. 7) arranged on the bottom end (base member 244) that are electrically connected to the energy storage module (128) which is part of the control assembly (108, “control unit”, [0323, 0324]),
The electrical couplings (268, “first and second line connecting lines”) in the end cap assembly (212) are electrically connected to the electrical contacts (272, Fig. 5, [0358]),
The base member (244) of the end cap assembly (212, “control element body”) comprises a compressible material that provides a snug engagement between the end cap assembly (212) and the body diameter perpendicular to the central z axis in the cartridge closure (Fig. 5, [0311]), and;
The cartridge control circuit (242), which is oriented transversely to the z axis, monitors and controls operational characteristics of the device (Fig. 5, [0300, 0306, 0307]).
Trzecieski does not explicitly disclose the cartridge control circuit (242) comprises a printed circuit board structure.
However, Ferrie, directed to a smoking substitute device (abstract), discloses:
A multilayer printed circuit board (PCB) having separate layers for power and ground resulting in noise insulation, signal integrity, and efficient distribution of power ([1551-1556]),
The printed circuit board (310v, 310w) comprises insulative layers (332v, 332w) formed of prepreg (“insulation filling”, Fig. 73A, [2765-2766]),
Components of the printed circuit board are separated by an insulative layer to provide electrical insulation between the components ([1556]),
The PCB comprises a top (327w, 327v) and bottom (328w, 328v) layer for electrically connecting and supporting electronic components such as a microcontroller mounted on the PCB, and the top (327w, 327v) and bottom (328w, 328v) layer are electrically connected to the inner power and ground layers by means of vias (Fig. 73A, [1586, 2765-2767]),
The power layer (330w, 330v) is electrically connected to the power source (Fig. 73A, Fig. 73B, [2765]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Trzecieski by using a multilayer printed circuit board in the cartridge control circuit as taught by Ferrie because both Trzecieski and Ferrie are directed to smoking devices, Ferrie teaches a multilayer printed circuit board (PCB) provides noise insultation, signal integrity, and efficient distribution of power, and this involves applying a known PCB to a similar electronic smoking device to yield predictable results.
In regards to the limitation requiring that the printed circuit board is at least partially insulated from the cartridge closure (lines 17-19), Trzecieski discloses the cartridge control circuit (242) is positioned inside the cartridge closure (bottom portion of cartridge housing 202, 214) and Ferrie discloses a multilayer PCB having layers of insulation ([1551-1556]). Therefore, a person having ordinary skill in the art would reasonably expect the insulation filling to at least partially insulate the PCB from the cartridge closure.
In regards to the limitation requiring the at least one electronic component be connected by means of a via to at least one of the electrical contacts (line 22), Trzecieski discloses the cartridge electrical contacts (272) are in electrical communication with cartridge control circuit (242, Fig. 5, [0323, 0358]) and Ferrie discloses a printed circuit board comprising a power layer (330w, 330v) which is electrically connected to the power source (Fig. 73A, Fig. 73B, [2765]). Therefore, providing the multilayer PCB taught by Ferrier in the cartridge control circuit taught by Trzecieski is considered to meet the limitation of electrically connected to at least one electrical contact.
Ferrie discloses electronic components such as a microcontroller mounted on the PCB (Fig. 73A, [1586, 2765-2767]).
Trzecieski and Ferrie do not explicitly disclose at least one of the electronic components is an integrated electronic component embedded in the circuit board structure.
However, Hupkes, directed to an aerosol generation device (1), discloses:
An aerosol generating device (1) comprising a printed circuit board (1002, Fig. 10D, [0093])
A vibrator element (1005) connected to the PCB (1002) via wires that are soldered to the vibrator element (1005) and PCB (1002) which maintains compactness of the cartridge control circuity (Fig. 10D, [0093])
The specification discloses the electronic components are embedded in circuit board structure by soldering (pg. 14 para 2). Therefore, connecting an electronic component to the PCB by soldering is considered to meet the claim limitation of an integrated electronic component embedded in the circuit board structure.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Trzecieski, in view of Ferrie, by soldering the electronic components (such as a microcontroller) on the PCB as taught by Hupkes because both Trzecieski and Hupkes are directed to smoking devices, Hupkes teaches soldering components to the PCB for compactness of the control circuitry and this involves applying a known soldering connection to a PCB in a similar electronic cigarette to yield predictable results.
Regarding claim 17, Trzecieski discloses the electrical contacts (272) are formed as contact surfaces (Fig. 6, Fig. 7, [0323]).
Regarding claim 18, Trzecieski discloses the electrical contacts (272) are formed as contact surfaces (Fig. 6, Fig. 7, [0323]) and the electrical couplings (268, “first and second line connecting lines”) in the end cap assembly (212) are electrically connected to the electrical contacts (272, Fig. 5, [0358]).
Regarding claim 23, Ferrie discloses the at least one electronic component comprises a microcontroller ([1586, 2765-2767]), as discussed above in the rejection of claim 16.
Regarding claim 25, Trzecieski discloses the cartridge control circuit (242) comprises a memory module (254) that stores data associated with the cartridge (200) such as a serial number that can be used to identify the removable cartridge assembly (200, Fig. 4, Fig. 5, [0313]) and the memory module is in electrical communication with the cartridge electrical contacts (272, [0358]). An authentication device is interpreted as a component that is able to verify information associated with the cartridge or other device components. Trzecieski discloses the memory module stores identifying information about the cartridge such as a serial number and therefore would be capable of determining if a proper cartridge was inserted (i.e. authenticating the cartridge).
Regarding claim 27, Trzecieski discloses the cartridge control circuit (242) is used to control the operation of the heating element assembly (210) by activating (i.e. switching on) or deactivating (i.e. switching off) the heating element assembly (210, Fig. 5, [0306]). A switching element is interpreted as a device for making or breaking the connection in an electrical circuit (i.e. turning a component on or off). Therefore, the cartridge control circuit (242) activating and deactivating the heating element assembly reasonably suggests the cartridge control circuit comprises a switching element.
Regarding claim 28, Trzecieski discloses a flattening on the outer edge of the base closure member (244), as shown in the annotated Fig. 5 below
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The flattening on the base member (244) creates a gap between the lateral surface of the cartridge sidewall (214) and the base member (244) and one of ordinary skill would reasonably expect the flattening to allow air to flow through.
Regarding claim 31, Trzecieski the outer edge (250) of base member (244) in the end cap assembly (212) comprises a compressible material (“fitting seat”) that provides a snug engagement between the end cap assembly (212) and the cartridge closure (Fig. 4, Fig. 5, [0311]).
A person of ordinary skill in the art would recognize a compressible material on the outer edge (250) of the base member would allow the end cap assembly (212) to be slightly displaceable withing the cartridge housing (202, 214).
Regarding claim 32, Trzecieski the outer edge (250) of base member (244) in the end cap assembly (212) comprises a compressible material (“fitting seat”) that provides a snug engagement between the end cap assembly (212) and the cartridge closure (Fig. 4, Fig. 5, [0311]).
A person of ordinary skill in the art would recognize a compressible material on the outer edge (250) of the base member (244) would allow the end cap assembly (212) to be displaceable within the cartridge housing (202,214) in response to pressure.
Regarding claim 33, Trzecieski discloses the fluid conduit (204) is connected to a base member (244, “air duct closure”) and the outer edge (250) of base member (244) provides a snug engagement between the end cap assembly (212) and the cartridge closure (Fig. 4, Fig. 5, [0311]). A snug engagement is considered to meet the claim limitation of the control element body being fixed in the cartridge closure.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Trzecieski (US 20190166913 A1) in view of Ferrie (US 20220095684 A1) and Hupkes (US 20220248762 A1), as applied to claim 16 above, further in view of Lee (US 20220408833 A1).
Regarding claim 22, Ferrie discloses the printed circuit board comprises a plurality of electrical components mounted on a top (327w, 327v) or bottom (328w, 328v) layer, and electrically connected to the inner power and ground layers by means of vias to at least one electrical contact (Fig. 73A, [1586, 2765-2767]), and Hupkes discloses soldering an electronic component to a PCB for compactness ([0093]), as discussed above.
Ferrie does not disclose the electronic component includes a sensor that meets the limitations of claim 16.
However, Lee, directed to an aerosol generating device (100, Fig. 5), discloses
A temperature sensor (162) provided on a printed circuit board (120) for sensing a temperature of the printed circuit board (120, Fig. 5, [0067-0069]), and;
A microcontroller unit (MCU) monitors the temperature to prevent abnormal operation of the aerosol generating device (100, [0063-0065]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Trzecieski, in view of Ferrie and Hupkes, by including a temperature sensor as one of the plurality of electronic components on the PCB as taught by Lee because both Trzecieski and Lee are directed to smoking devices, Lee discloses monitoring the temperature of the PCB prevents abnormal operation of the aerosol generating device and this involves applying a known temperature sensor on a PCB in a similar electronic cigarette to yield predictable results.
Claims 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Trzecieski (US 20190166913 A1) in view of Ferrie (US 20220095684 A1) and Hupkes (US 20220248762 A1), as applied to claim 29 above, further in view of Verleur (US 20150128971 A1).
Regarding claim 29, Trzecieski discloses a flattening on the outer edge of the base closure member (244, Fig. 5), as discussed in the rejection of claim 28 above.
Trzecieski does not explicitly disclose the flattening is in operative fluid communication with the fluid conduit (204, “air duct element, Fig. 8).
However, Verleur, directed to a vaporizer (abstract), discloses:
A cartomizer (200) comprising inlet holes (252) in the cartomizer body (208) that form a “T” shape where the center of the “T” is aligned with the hole (i.e. in fluid communication with an air duct) leading to container (240) holding the vaporizable material (300B, Fig. 2, Fig. 2B, [0041, 0043]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Trzecieski, in view of Ferrie and Hupkes, by modifying the flattening on base with the “T” shape structure as taught by Verleur because both Trzecieski and Verleur are directed to smoking devices, Verleur teaches the “T” shape structure provides air inlets and this involves applying a known air inlet structure in a similar electronic cigarette to yield predictable results.
Regarding claim 30, Modified Trzecieski does not explicitly disclose the flattening is in operative fluid communication with the control assembly (108). However, Modified Trzecieski discloses the T shaped flattening is in fluid communication with the air intake manifold outlet (139, Fig. 1, Fig. 7, [0258]), the air intake manifold outlet (139) is in fluid communication with the air input port (140, Fig. 1, [0260]) in the device body (102), and the control assembly (108) is placed in the device body (102, Fig. 1). Therefore, a person having ordinary skill in the art would reasonably expect the airflow path from the input port (140) to the T shaped flattening to contact the control assembly (108).
Conclusion
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