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 1-20 are currently pending and are subject to this office action. Claims 1, 3, 5, 12, 13, and 16 are amended. This office action is in response to Applicant’s amendment filed on 02/17/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 02/17/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendment filed 02/17/2026, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendment filed 02/17/2026, the Examiner withdraws the objection to the drawings for failing to include a reference sign mentioned in the description.
In response to Applicant’s amendments filed 02/17/2026 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 3 for lack of antecedent basis.
In response to Applicant’s amendments filed 02/17/2026 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 5 for being indefinite.
In response to Applicant’s amendments filed 02/17/2026 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 13 for lack of antecedent basis.
In response to Applicant’s amendments filed 02/17/2026 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 16 for lack of antecedent basis.
Response to Arguments
Applicant’s arguments, on pages 8-18, filed 02/17/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “the plurality of operating components comprising a power source; a body having a substantially planar back face and a curved front face opposite the substantially planar back face; a cut-away defined in a distal edge of the curved front face of the mouthpiece; the sled receivable within the external housing”. However, upon further consideration, a new ground(s) of rejection is made in view of Liu (US 20220295883 A1), Botton (US 11259566 B1), and Murray (EP 3692823 A1).
Applicant’s arguments, on pages 8-18, filed 02/17/2026, with respect to the rejection of claim 12 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 12 to include a limitation that was not previously presented, specifically, “a body having a substantially planar back face and a curved front face opposite the substantially planar back face; the substantially planar back face being co-planar with a back of the body of the external housing; a cut-away defined in a distal edge of the substantially planar back face and the curved front face of the body of the mouthpiece; the cut complementary to extensions of the proximal end of the external housing”. However, upon further consideration, a new ground(s) of rejection is made in view of Liu (US 20220295883 A1), Botton (US 11259566 B10), and Murray (EP 3692823 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
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.
Claims 1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20220295883 A1), and further in view of Botton (US 11259566 B1), Murray (EP 3692823 A1), and Trzecieski (US 20200163382 A1, as cited in IDS dated 05/23/2023).
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With regard to Claim 1, Liu, directed to a clearomizer, cartridge, and electronic cigarette, teaches (i) an electronic cigarette comprising a center post (Fig. 3: “CP”) having a central lumen (Fig. 3: “CL”) extending between a distal and proximal end of the center post (Fig. 3: “CP”). (ii) An e-liquid tank (Fig. 3: #1) comprises an empty interior to receive the center post (Fig. 3: “CP”) and liquid for vaporization [0059]. (iii) The device further includes a bracket (Fig. 9: #13), meeting the claim limitation of a sled, connectable to the e-liquid tank (Fig. 3: #1) through a column tube (Fig. 9: #8) which receives the e-liquid tank (Fig. 3: #1, [0058-0060]). The bracket (Fig. 9: #13) receives a battery (Fig. 9: #17) and a circuit element (Fig. 9: #18, [0058]).
(iv) A mouthpiece (Fig. 3: #103) is connectable to the proximal end of the center post (Fig. 3: “CP”) and a proximal end of the e-liquid tank (Fig. 3: #1). (v) A vapor outlet (Fig. 3: “O”) is positioned at a proximal end of the mouthpiece (Fig. 3: #102). (vi) The first main body (Fig. 3: #101), column tube (Fig. 3: #8), and housing (Fig. 9: #19) connect to form an external housing of the device. The bracket (Fig. 9: #13) is disposed within the housing (Fig. 3: #19, [0058]). Liu teaches all the limitations of the claims as set forth above, however Liu is silent to:
The mouthpiece comprising: a body having a substantially planar back face and a curved front face opposite the substantially planar back face
The curved face tapering to meet the substantially planar face at a proximal end of the body and a vapor outlet at the proximal end of the body
A cut-away defined in a distal edge of the curved front face of the mouthpiece, the cut-away complementary to an extension of an external housing of the vaporizing device
An internal vapor pathway defined within the body, the internal pathway being offset from the central lumen of the center post, such that vapor produced from the oil to be vaporized travels proximally through the central lumen of the center post, offset through the internal pathway of the mouthpiece, and out of the vapor outlet of the mouthpiece to be inhaled by a user
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In regards to i. and ii., Botton, directed to a fluid-based electronic cigarette system, teaches (i) a first mouthpiece (Fig. 1: #120) comprising a planar back face (Fig. 1: “P”) and a curved front face (Fig. 1: “C”) opposite the planar back face (Fig. 1: “P”, Col. 11, Lines 3-6). (ii) The curved front face (Fig. 1: “C”) tapers to meet the planar back face (Fig. 1: “P”) at a proximal end of the first mouthpiece body (Fig. 1: #120) and an outlet at a first end (Fig. 1: #125) of the first mouthpiece (Fig. 1: #120). One of ordinary skill in the art would have been motivated to modify mouthpiece of Liu which the characteristics of the mouthpiece of Botton to improve user comfort during inhalation (Col. 1, Lines 53-56).
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 mouthpiece of Liu to comprise a body having a substantially planar back face and a curved front face opposite the substantially planar back face and wherein the curved face tapering to meet the substantially planar face at a proximal end of the body and a vapor outlet at the proximal end of the body because both Liu and Botton are directed to providing a convenient structure and enhancing a smoking experience for users. Botton teaches a mouthpiece with planar and curved faces to improve user comfort during inhalation (Col. 1, Lines 53-56) and this merely involves applying a known shape to a known mouthpiece of an aerosol generating device, ready for improvement to yield predictable results.
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In regards to iii., Murray, directed to a smoking substitute apparatus, teaches (iii) a cap (Fig. 3B: #304) comprising a recess (Fig. 3B: #306) on its distal sides. The recess (Fig. 3B: #306) being complementary to extensions of a mouthpiece (Fig. 3B: #303, [0057]). One of ordinary skill in the art would have been motivated to apply the recess of Murray to the planar back and curved front faces of the mouthpiece of modified Liu to create a secure fit between the housing and mouthpiece [0057].
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 mouthpiece of modified Liu to wherein a cut-away is defined in a distal edge of the substantially planar back face and the curved front face of the body of the mouthpiece, the cut-away complementary to extensions of the proximal end of the external housing because both Liu and Murray are directed to improving the design of aerosol generating devices. Murray teaches a recess on a cap to create a secure fit between the housing and mouthpiece [0057] and this merely involves applying a known recess to a known mouthpiece ready for improvement to yield predictable results.
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In regards to iv., Trzecieski, directed to a dual heating chamber vaporization device, teaches wherein (iv) the mouthpiece lid comprises an inhalation aperture (Fig. 1H: #130) that is offset from an air-cooling assembly (Fig 1H: #124), such that vapor from first and second heating chambers travels through the air-cooling assembly (Fig. 1H: #124), offset from the inhalation aperture (Fig. 1H: #130), and out into the user's mouth [0087]. One of ordinary skill in the art would be motivated to modify the pathway of aerosol to include an internal vapor pathway, relative to the central lumen of Liu to be offset from each other to provide a filtering action through the non-linear air path of the central lumen [0087].
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 mouthpiece of Liu to comprise the internal pathway offset from the central lumen of the center post, such that vapor produced from the oil to be vaporized travels proximally through the central lumen of the center post, offset through the internal pathway of the mouthpiece, and out of the vapor outlet of the mouthpiece to be inhaled by a user because both Liu and Trzecieski are directed to improving smoke generation efficiency in aerosol generating devices. Trzecieski teaches an inhalation aperture offset from an air-cooling assembly to secure a mouthpiece to provide filtering [0087] and this merely involves applying a known mouthpiece alteration to a known mouthpiece ready for improvement to yield predictable results.
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With regard to Claim 2, Liu teaches wherein a second main body portion (Fig. 3: #103), which is a portion of the e-liquid tank (Fig. 3: #1) is received in the column tube (Fig. 3: #8) and the bracket (Fig. 3: #13) is received in the housing (Fig. 3: #19, [0058]). The mouthpiece (Fig. 3: #103) is connectable to a proximal end of the of the first main body (Fig. 3: #101), wherein the first main body (Fig. 3: #101), column tube (Fig. 3: #8), and housing (Fig. 3: #19) form the external housing of the device.
With regard to Claim 3, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein an angle between the body of the mouthpiece joining the external housing and the substantially planar face of the mouthpiece is substantially a 90° angle.
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Button teaches wherein an angle between the body of the first mouthpiece (Fig. 1: #120) joining a first housing (Fig. 1: #105) and the planar face (Fig. 1: “P”) is substantially a 90° angle to improve user comfort during inhalation (Col. 1, Lines 53-56).
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 mouthpiece of Liu to wherein an angle between the body of the mouthpiece joining the external housing and the substantially planar face of the mouthpiece is substantially a 90° angle because both Liu and Botton are directed to providing a convenient structure and enhancing a smoking experience for users. Botton teaches a mouthpiece joined at a 90° angle between a housing and planar face of a mouthpiece to improve user comfort during inhalation (Col. 1, Lines 53-56) and this merely involves applying a known shape to a known mouthpiece of an aerosol generating device, ready for improvement to yield predictable results.
With regard to Claim 5, modified Liu teaches all the limitation of the claims as set forth above, however modified Liu is silent to:
Wherein the external housing of the vaporizing device comprises a body having a substantially planar back surface and a curved front surface
The substantially planar back surface being coplanar with the substantially planar back face of the body of the mouthpiece
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Button teaches (i) wherein a first housing (Fig. 8A: #815) comprises a body having a planar back surface (Fig. 8A: “PP”) and curved front surface (Fig. 8A: “CC”, Col. 5, Lines 44-54)). (ii) The planar back surface (Fig. 8A: “PP”) is coplanar with the planar back face (Fig. 8A: “P”) of the body of the first mouthpiece (Fig. 8A: #820). One of ordinary skill in the art would have found it obvious to modify Liu with the housing shape of Button to make holding the device more comfortable for a user during use (Col. 1, Lines 61-65).
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 external housing modified Liu to comprise a body having a substantially planar back surface and a curved front surface, the substantially planar back surface being coplanar with the substantially planar back face of the body of the mouthpiece because both Liu and Button are directed to providing a convenient structure and enhancing a smoking experience for users. Button teaches a housing with planar and curved faces to make holding the device more comfortable for a user during use (Col. 1, Lines 61-65) and this merely involves applying a known shaping technique to a housing of a known aerosol generating device, ready for improvement to yield predictable results.
With regard to Claim 7, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the vapor produced from the oil to be vaporized cools as it travels through the internal vapor pathway of the mouthpiece
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Trzecieski teaches wherein vapor from first and second heating chambers travels through the air-cooling assembly (Fig. 1H: #124), offset from the inhalation aperture (Fig. 1H: #130), and out into the user's mouth [0087], to cool vapor prior to inhalation [0069].
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 internal vapor pathway of modified Liu to wherein the vapor produced from the oil to be vaporized coils as it travels through the internal vapor pathway of the mouthpiece because both Liu and Trzecieski are directed to improving atomization effects and providing suitable temperatures in aerosol generating devices. Trzecieski teaches an inhalation aperture offset from an air-cooling assembly to cool vapor prior to inhalation [0069] and this merely involves applying known cooling effect to a known mouthpiece ready for improvement to yield predictable results.
With regard to Claim 8, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the internal vapor pathway of the mouthpiece prevents a line of sight from the vapor outlet to the center post
Wherein the internal vapor pathway of the mouthpiece prevents debris from entering the center post through the vapor outlet
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Trzecieski teaches wherein (i) the inhalation aperture (Fig. 1H: #130) prevents a line of sight from the outlet (Fig. 1H: "O") to the air-cooling assembly (Fig. 1H: #124). (ii) The non-linear path of the air-cooling assembly (Fig. 1H: #124) may provide a filtering action [0087]. One of ordinary skill in the art would understand that filters are commonly used in the art to stop debris from being received on both sides and the filtering action would stop debris from entering the rest of 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 internal vapor pathway of modified Liu to wherein the mouthpiece prevents a line of sight from the vapor outlet to the center post and debris from entering the center post through the vapor outlet because both Liu and Trzecieski are directed to improving atomization effects and providing suitable temperatures in aerosol generating devices. Trzecieski teaches an inhalation aperture offset from an air-cooling assembly to cool vapor prior to inhalation [0069] and this merely involves applying a known cooling effect to a known mouthpiece ready for improvement to yield predictable results.
With regard to Claim 9, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A second vaporizing device attachable to the external housing of the vaporizing device via magnets embedded in the sled of the vaporizing device and magnets embedded in a sled of the second vaporizing device
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Button teaches a first electronic cigarette (Fig. 1: #150), wherein the housing comprising a first interfacing surface (Fig. 1: #110, Col. 1, Lines 55-58). Button further teaches a second electronic cigarette (Fig. 1: #170), wherein the housing comprises a second interfacing surface (Fig. 1: #135, Col. 5, Lines 20-24). The two surfaces are attachable via magnets (Fig. 1: #165 & #170, Col. 9, Lines 38-46). One of ordinary skill in the art would understand that as the magnets can be under a covering or casing (Col. 9, Lines 43-46) to ensure that the housings of each device is flat before attachment, one could also apply the magnets to the bracket of Liu which are disposed under the external housing to attach the devices, allowing a user to enjoy multiple flavors at once and improve comfort during use (Col. 1, Lines 64-64 & Col. 2, Lines 30-33).
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 external housing of modified Liu to wherein a second vaporizing device is attachable to the external housing of the vaporizing device via magnets embedded in the sled of the vaporizing device and magnets embedded in a sled of the second vaporizing device because both Liu and Button are directed to enhancing a user’s smoking experience. Button teaches a second electronic cigarette connectable to a first electronic cigarette by magnets to allow a user to enjoy multiple flavors at once and improve comfort during use (Col. 1, Lines 64-64 & Col. 2, Lines 30-33) and this merely involves combining prior art elements according to known securing methods to yield predictable results.
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With regard to Claim 10, Liu teaches a heating element (Fig. 3: #3) disposed at a distal end of the center post (Fig. 3: “CP”).
With regard to Claim 11, Liu teaches wherein the battery, received in the bracket [0058], is connected to a circuit element to supply electricity [0060]. One of ordinary skill in the art would understand that the battery and circuit elements are components configured to provide electrical power to the heating element for aerosol generation, as it is known in the art that heating elements are mainly operated using electrical power supplied from an internal power source.
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With regard to Claim 12, Liu, directed to a clearomizer, cartridge, and electronic cigarette, teaches (i) an electronic cigarette comprising a first main body (Fig. 3: #101), column tube (Fig. 9: #8), and housing (Fig. 9: #19) connecting to form an external housing of the device, between a proximal and distal end. (ii) An e-liquid tank (Fig. 3: #1) comprises an empty interior to receive a center post (Fig. 3: “CP”) and liquid for vaporization [0059]. (iii) The device further includes a bracket (Fig. 9: #13), meeting the claim limitation of a sled, connectable to the e-liquid tank (Fig. 3: #1) through a column tube (Fig. 9: #8) which receives the e-liquid tank (Fig. 3: #1, [0058-0060]). The bracket (Fig. 9: #13) receives a battery (Fig. 9: #17) and a circuit element (Fig. 9: #18, [0058]). (iv) A mouthpiece (Fig. 3: #103) is connectable to the proximal end of the center post (Fig. 3: “CP”) and a proximal end of the e-liquid tank (Fig. 3: #1). Liu teaches all the limitations of the claims as set forth above, however Liu is silent to:
The mouthpiece comprising: a body having a substantially planar back face and a curved front face opposite the substantially planar back face
The substantially planar back face being co-planar with a back of the body of the external housing
A cut-away defined in a distal edge of the substantially planar back face and the curved front face of the body of the mouthpiece, the cut-away complementary to extensions of the proximal end of the external housing
An internal vapor pathway defined within the body
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In regards to i. and ii., Botton, directed to a fluid-based electronic cigarette system, teaches (i) a first mouthpiece (Fig. 1: #120) comprising a planar back face (Fig. 1: “P”) and a curved front face (Fig. 1: “C”) opposite the planar back face (Fig. 1: “P”, Col. 11, Lines 3-6). (ii) The planar back face (Fig. 1: “P”) of the first mouthpiece (Fig. 1: #120) is coplanar with the planar back surface (Fig. 1: “PP”) of a first housing (Fig. 1: #105). One of ordinary skill in the art would have found it obvious to modify Liu with the shaping of the mouthpiece and housing of Button to make holding the device more comfortable for a user during use (Col. 1, Lines 61-65).
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 mouthpiece of Liu to comprise a body having a substantially planar back face and a curved front face opposite the substantially planar back face, the substantially planar back face being co-planar with a back of the body of the external housing because both Liu and Botton are directed to providing a convenient structure and enhancing a smoking experience for users. Botton teaches a mouthpiece with planar and curved faces to improve user comfort during inhalation (Col. 1, Lines 53-56) and this merely involves applying a known shape to a known mouthpiece of an aerosol generating device, ready for improvement to yield predictable results.
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In regards to iii., Murray, directed to a smoking substitute apparatus, teaches (iii) a cap (Fig. 3B: #304) comprising a recess (Fig. 3B: #306) on its distal sides. The recess (Fig. 3B: #306) being complementary to extensions of a mouthpiece (Fig. 3B: #303, [0057]). One of ordinary skill in the art would have been motivated to apply the recess of Murray to the planar back and curved front faces of the mouthpiece of modified Liu to create a secure fit between the housing and mouthpiece [0057].
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 mouthpiece of modified Liu to wherein a cut-away is defined in a distal edge of the substantially planar back face and the curved front face of the body of the mouthpiece, the cut-away complementary to extensions of the proximal end of the external housing because both Liu and Murray are directed to improving the design of aerosol generating devices. Murray teaches a recess on a cap to create a secure fit between the housing and mouthpiece [0057] and this merely involves applying a known recess to a known mouthpiece ready for improvement to yield predictable results.
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In regards to iv., Trzecieski, directed to a dual heating chamber vaporization device, teaches wherein (iv) the mouthpiece lid comprises an inhalation aperture (Fig. 1H: #130) that is offset from an air-cooling assembly (Fig 1H: #124), such that vapor from first and second heating chambers travels through the air-cooling assembly (Fig. 1H: #124), offset from the inhalation aperture (Fig. 1H: #130), and out into the user's mouth [0087]. One of ordinary skill in the art would be motivated to modify the pathway of aerosol to include an internal vapor pathway, relative to the central lumen of Liu to be offset from each other to provide a filtering action through the non-linear air path of the central lumen [0087].
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 mouthpiece of Liu to comprise a cut-away defined in a distal edge of the body, complementary to an extension of an external housing of the vaporizing device and the internal pathway being offset from the central lumen of the center post, such that vapor produced from the oil to be vaporized travels proximally through the central lumen of the center post, offset through the internal pathway of the mouthpiece, and out of the vapor outlet of the mouthpiece to be inhaled by a user because both Liu and improving smoke generation efficiency in aerosol generating devices. Trzecieski teaches an inhalation aperture offset from an air-cooling assembly to secure a mouthpiece to a body of the device [0118] and provide filtering [0087] and this merely involves applying a known mouthpiece alteration to a known mouthpiece ready for improvement to yield predictable results.
With regard to Claim 13, modified Liu teaches all the limitations of the claims as set forth above however modified Liu is silent to:
The internal pathway being offset from the central lumen of the center post, such that vapor produced from the oil to be vaporized travels proximally through the central lumen of the center post, offset through the internal pathway of the mouthpiece, and out of the vapor outlet of the mouthpiece to be inhaled by a user
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Trzecieski teaches wherein a mouthpiece comprises an inhalation aperture (Fig. 1H: #130) that is offset from an air-cooling assembly (Fig 1H: #124), relating the central lumen and center post of the claimed invention, such that vapor from first and second heating chambers travels through the air-cooling assembly (Fig. 1H: #124), offset from the inhalation aperture (Fig. 1H: #130), and out into the user's mouth [0087]. One of ordinary skill in the art would be motivated to modify the location of the internal pathway relative to the central lumen of Liu to be offset from each other to provide a filtering action through the non-linear air path [0087].
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 mouthpiece of Liu to include wherein the internal pathway is offset from the central lumen of the center post, such that vapor produced from the oil to be vaporized travels proximally through the central lumen of the center post, offset through the internal pathway of the mouthpiece, and out of the vapor outlet of the mouthpiece to be inhaled by a user because both Liu and Trzecieski are directed to improving atomization effects in aerosol generating device. Trzecieski teaches an inhalation aperture offset from an air-cooling assembly to provide filtering before reaching the user [0087] and this merely involves applying a known pathway alteration to a known mouthpiece ready for improvement to yield predictable results.
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With regard to Claim 14, Liu teaches wherein a second main body portion (Fig. 3: #103), which is a portion of the e-liquid tank (Fig. 3: #1), is received in the column tube (Fig. 3: #8) and the bracket (Fig. 3: #13) is received in the housing (Fig. 3: #19, [0058]). The first main body (Fig. 3: #101), column tube (Fig. 3: #8), and housing (Fig. 3: #19) form the external housing of the device.
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 an angle between the body of the mouthpiece joining the external housing is substantially a 90° angle.
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Button teaches wherein an angle between the body of the first mouthpiece (Fig. 1: #120) joining a first housing (Fig. 1: #105) is substantially a 90° angle to improve user comfort during inhalation (Col. 1, Lines 53-56).
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 mouthpiece of Liu to wherein an angle between the body of the mouthpiece joining the external housing is substantially a 90° angle because both Liu and Botton are directed to providing a convenient structure and enhancing a smoking experience for users. Botton teaches a mouthpiece joined at a 90° angle between a housing to improve user comfort during inhalation (Col. 1, Lines 53-56) and this merely involves applying a known shape to a known mouthpiece of an aerosol generating device, ready for improvement to yield predictable results.
With regard to Claim 16, modified Liu teaches all the limitation of the claims as set forth above, however modified Liu is silent to:
Wherein the external housing of the vaporizing device comprises a body having a substantially planar back surface and a curved front surface
The substantially planar back surface being coplanar with the substantially planar back face of the body of the mouthpiece
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Button teaches (i) wherein a first housing (Fig. 8A: #815) comprises a body having a planar back surface (Fig. 8A: “PP”) and curved front surface (Fig. 8A: “CC”, Col. 5, Lines 44-54)). (ii) The planar back surface (Fig. 8A: “PP”) is coplanar with the planar back face (Fig. 8A: “P”) of the body of the first mouthpiece (Fig. 8A: #820). One of ordinary skill in the art would have found it obvious to modify Liu with the housing shape of Button to make holding the device more comfortable for a user during use (Col. 1, Lines 61-65).
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 external housing modified Liu to comprise a body having a substantially planar back surface and a curved front surface, the substantially planar back surface being coplanar with the substantially planar back face of the body of the mouthpiece because both Liu and Button are directed to providing a convenient structure and enhancing a smoking experience for users. Button teaches a housing with planar and curved faces to make holding the device more comfortable for a user during use (Col. 1, Lines 61-65) and this merely involves applying a known shaping technique to a housing of a known aerosol generating device, ready for improvement to yield predictable results.
With regard to Claim 17, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein an angle between the body of the mouthpiece joining the external housing and the substantially planar face of the mouthpiece is substantially a 90° angle.
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Button teaches wherein an angle between the body of the first mouthpiece (Fig. 1: #120) joining a first housing (Fig. 1: #105) and the planar face (Fig. 1: “P”) is substantially a 90° angle to improve user comfort during inhalation (Col. 1, Lines 53-56).
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 mouthpiece of Liu to wherein an angle between the body of the mouthpiece joining the external housing and the substantially planar face of the mouthpiece is substantially a 90° angle because both Liu and Botton are directed to providing a convenient structure and enhancing a smoking experience for users. Botton teaches a mouthpiece joined at a 90° angle between a housing and planar face of a mouthpiece to improve user comfort during inhalation (Col. 1, Lines 53-56) and this merely involves applying a known shape to a known mouthpiece of an aerosol generating device, ready for improvement to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20220295883 A1), Botton (US 11259566 B1), Murray (EP 3692823 A1), and Trzecieski (US 20200163382 A1, as cited in IDS dated 05/23/2023), as applied to claim 1 above, and further in view of Bouchuiguir (US 20220273036 A1) and Suen (WO 2020070262 A1, as cited in IDS dated 05/23/2023).
With regard to Claim 4, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
The external housing having a distal end comprising a pair of feet
The external housing having a distal end comprising an inner edge, the inner edge together with the pair of feet forming a tripod allowing the vaporizing device to be vertically oriented with the tripod resting against a surface
In regard to i., Bouchuiguir, directed to an aerosol generation device, teaches wherein a bottom end of the device could comprise two or more individual foot protrusions [0030]. One of ordinary skill in the art would be motivated to apply the foot protrusions of Bouchuiguir to the housing of Liu to reduce the risk of damage by improving stability, and also preventing the device from rolling onto a top end of the device [0037].
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 external housing of modified Liu to have a distal edge comprising a pair of feet because both Liu and Bouchuiguir are directed to stabilizing structures of aerosol generating devices. Bouchuiguir teaches foot protrusions to reduce the risk of damage while also preventing the device from rolling onto top end of the device [0037] and this merely involves applying a known component for structural support to a known aerosol generating device, ready for improvement to yield predictable results.
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In regard to ii., Suen, directed to a vaping device assembly, teaches wherein the two joined vaporizers comprise an inner edge (Fig. 5: "E"). One of ordinary skill in the art would have recognized that applying and using the inner edges of the vaporizers of Suen would naturally form a central support. When combined with the foot protrusions of Bouchuiguir, the configuration enhances the tripod-type stability of the device of Liu.
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 external housing of modified Liu to have a distal end comprising an inner edge, the inner edge together with the pair of feet forming a tripod allowing the vaporizing device to be vertically oriented with the tripod resting against a surface because both Liu and Suen are directed to handheld aerosol generating devices. Suen teaches inner edges to improve structural alignment and joining features of the device (Pg. 2, Lines 23-26) and this merely involves combining prior art elements according to known structural support methods to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20220295883 A1), Botton (US 11259566 B1), Murray (EP 3692823 A1), and Trzecieski (US 20200163382 A1, as cited in IDS dated 05/23/2023), as applied to claim 1 above, and further in view of Qiu (US 20210401044 A1).
With regard to Claim 6, Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the sled comprises indentations for mating with prongs of the cartridge
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Qiu, directed to a cartridge, battery device, and electronic cigarette, teaches a battery casing (Fig. 23: #24) comprising latching buckles (Fig. 23: #241, [0170]). The latching buckles (Fig. 23: #241) cooperate with latching grooves (Fig. 7: #11) on a cartridge casing (Fig. 7: #16) to allow the cartridge to be detachable installed in the device [0170].
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 sled of modified Liu to comprise indentations for mating with prongs of the cartridge because both Liu and Qiu are directed to detachably installed cartridges in aerosol generating devices. Qiu teaches wherein a battery casing comprising latching buckles to allow the cartridge to be detachable installed in the device [0170] and this merely involves applying a known connection technique to a known sled of an aerosol generating device, ready for improvement to yield predictable results.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20220295883 A1), Botton (US 11259566 B1), Murray (EP 3692823 A1), and Trzecieski (US 20200163382 A1, as cited in IDS dated 05/23/2023), as applied to claim 12 above, and further in view of Liao (CN 113812686 A, hereinafter citations referring to English Machine Translation), Qiu (US 20210401044 A1), and Sweedler (US 20210368863 A1).
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With regard to Claim 18, Liu teaches wherein (i) the outer body of the bracket (Fig. 9: #13) forms a space (Fig. 9: “S”) to receive a battery (Fig. 9: #17, [0058]). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A distal end of the body comprising protrusions for mating with a base
A proximal end of the body comprising indentations for mating with distal prongs of the cartridge
At least one pair of magnets embedded within opposing sides of the body
At least one pair of electrodes disposed within opposing sides of the body, the at least one pair of electrodes for providing power from the battery to an atomizer of the vaporizing device
In regards to i., Liao, directed to an atomizer, teaches (i) a support frame (Fig. 3: #70) for supporting a battery (Fig. 3: #80, [0020]), comprising protrusions (Fig. 3: “P”) that mate with a protective cover (Fig. 3: #61), providing a secure connection between components of the device [0005].
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 body of the sled to wherein a distal end of the body comprises protrusions for mating with a base because both Liu and Liao are directed to securing internal components of an aerosol generating device. Liao teaches a support frame with protrusions to provide a secure connection between components of the device [0005] and this merely involves applying a known connection technique to a known aerosol generating device, ready for improvement, to yield predictable results.
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In regards to ii., Qiu, directed to a cartridge, battery device, and electronic cigarette, teaches (ii) a battery casing (Fig. 23: #24) comprising latching buckles (Fig. 23: #241, [0170]). The latching buckles (Fig. 23: #241) cooperate with latching grooves (Fig. 7: #11) on a cartridge casing (Fig. 7: #16) to allow the cartridge to be secured and detachably installed in the device [0170]. One of ordinary skill in the art would have found it obvious to modify the structure of the sled of modified Liu to also comprise latching buckles at a distal end of the body to allow further securing of the base in the device, and also allow it be detachably installed [0170].
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 sled of modified Liu to wherein a distal end of the body comprising protrusions for mating with a base and a proximal end of the body comprises indentations for mating with distal prongs of the cartridge because both Liu and Qiu are directed to detachably installed cartridges in aerosol generating devices. Qiu teaches wherein a battery casing comprising latching buckles to allow the cartridge to be detachable installed in the device [0170] and this merely involves applying a known connection technique to a known sled of an aerosol generating device, ready for improvement to yield predictable results.
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In regards to iii., Button teaches a first electronic cigarette (Fig. 1: #150), wherein the housing comprising a first interfacing surface (Fig. 1: #110, Col. 1, Lines 55-58) and a second electronic cigarette (Fig. 1: #170), comprising a second interfacing surface (Fig. 1: #135, Col. 5, Lines 20-24). The two surfaces are attachable via magnets (Fig. 1: #165 & #170, Col. 9, Lines 38-46). One of ordinary skill in the art would understand that as the magnets can be under a covering or casing (Col. 9, Lines 43-46), one could also apply the magnets to opposite sides of the bracket of Liu disposed under the external housing to attach the devices, allowing a user to enjoy multiple flavors (Col. 1, Lines 64-64 & Col. 2, Lines 30-33).
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 external housing of modified Liu to wherein At least one pair of magnets embedded within opposing sides of the body because both Liu and Button are directed to enhancing a user’s smoking experience. Button teaches a second electronic cigarette connectable to a first electronic cigarette by magnets to allow a user to enjoy multiple flavors at once and improve comfort during use (Col. 1, Lines 64-64 & Col. 2, Lines 30-33) and this merely involves combining prior art elements according to known securing methods to yield predictable results.
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In regards to iv., Sweedler, directed to a dual cartridge vaporization device, teaches (iv) two or more electrical connectors on opposite sides of cartridges (Fig. 1: #120, [0039]). The electrical connectors supply power from one or more batteries to heating elements of the device [0038].
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 sled of modified Liu to wherein at least one pair of electrodes are embedded within opposing sides of the body, the at least one pair of electrodes for providing power from the battery to an atomizer of the vaporizing device because both Liu and Sweedler are directed to providing power in aerosol generating devices. Sweedler teaches a dual cartridge device that can be detachably connected using magnet and receives power through electrical connectors to provide selectivity to a user based on the detachable attachment style and multiple power settings [0003] and this merely involves combining prior art elements according to known methods to yield predictable results.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20220295883 A1), Botton (US 11259566 B1), Murray (EP 3692823 A1), and Trzecieski (US 20200163382 A1, as cited in IDS dated 05/23/2023), as applied to claim 12 above, and further in view of Li (US 20190090538 A1).
With regard to Claim 19, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the sled and the cartridge are integral
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Li, directed to an e-vaping device, teaches wherein a power section (Fig. 1: #72), meant for comprising a power source (Fig. 1: #1), and a cartridge (Fig. 1: #70) may be integrally connected [0045] to avoid detached interfaces for a stable connection [0045].
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 sled and the cartridge of modified Liu to be integral because both Li and Liu are directed to providing stable connections between components in aerosol generating devices. Li teaches a power section and cartridge than can be integrally formed to avoid the risk of detached interfaces for a stable connection [0045] and this merely involves applying a known structural technique to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 20, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
An atomizer housed within a distal end of the center post
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Li teaches a heater (Fig. 1: #14) positioned within an outer body of an inner tube (Fig. 1: #10), relating to the center post of the claimed invention, to effectively heat and vaporize a pre-vapor formulation [0046].
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 center post of modified Liu to include an atomizer housed within a distal end of the center post because both Liu and Li are directed to providing improved heating efficiency. Li teaches a heater positioned within an inner tube to effectively heat and vaporize a pre-vapor formulation [0046] and this merely involves applying a known placement technique to a known 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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