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 .
Information Disclosure Statement
The foreign references identified in the Information Disclosure Statements filed on 03/17/2025 and 08/25/2025 were searched for corresponding US Patents, Publications, or other English equivalents. Please see below:
KR 1020180014026 = US 20180168224;
CA 3106427 = US 20210177041
CN 203814590 = no US or other English equivalents located;
CN 205337603 = no US or other English equivalents located;
CN 206880070 = no US or other English equivalents located;
CN 208175984 = no US or other English equivalents located;
CN 109303358 = no US or other English equivalents located;
CN 109757777 = US 20200163390;
CN 110055105 = no US or other English equivalents located;
CN 210017862 = no US or other English equivalents located;
CN 210471013 = no US or other English equivalents located;
CN 210929627 = no US or other English equivalents located;
CN 211185854 = US 20210045444;
EP 3666092 = is in English, but no US equivalents located;
JP 2019193637 = US 20180168224;
WO 2015157900 = no US or other English equivalents located;
WO 2017194751 = no US or other English equivalents located;
WO 2019084161 = US 20200345960;
WO 2019206942 = US 20210059305;
WO 2019206943 = US 20210022399;
WO 2020182774 = US 20220167670.
Of the above, US 20180168224, US 20200163390, US 20200345960, US 20210022399, US 20210045444, US 20210059305, US 20210177041, and US 20220167670 are being cited in the attached PTO-892 because they are not already of record.
Information Disclosure Statement
Applicant provided JP 3219098 and EP 3597055 (which corresponds to US 20200022409) on 03/17/2025. However, JP 3219098 and EP 3597055 were not cited an IDS. Examiner is citing JP 3219098 and EP 3597055 (and the corresponding US 20200022409) in the attached PTO-892 to ensure they are made of record.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the exposed second surface portion 102b as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “exposed panel surface” and “tubular body” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 5 and 10 objected to because of the following informalities:
As to claim 5, this claim lacks a period at the end of the sentence.
As to claim 10, Examiner submits this claim would be more consistent if amended in the following manner: “The aerosol provision device of claim 9, wherein the first surface portion has a first surface texture, and at least one of the exposed second surface portion or an exposed panel surface of the non-removable panel comprises a second[[,]] surface texture different from the first surface texture.”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 1–3, 8–9, 12–14, 18–19, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 202025730 (“AOUN”).
As to claim 1, AOUN discloses an aerosol provision device (Figs. 5 and 6, 1) comprising:
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an aerosol generating assembly (Fig. 6, 23; p. 23 ll. 1–30);
a housing (Figs. 1 and 6, 11) encapsulating the aerosol generating assembly, the housing comprising an opening (20) for receiving at least part of an article in the aerosol generating assembly (p. 22 ll. 4–6); and
a non-removable panel (one of 11 in Fig. 5 or 17/19 in Fig. 6) on an outer side of the housing (p. 21 l. 19 through p. 22 l. 2).
As to claim 2, AOUN discloses the aerosol provision device of claim 1, wherein the non-removable panel wraps around part of the housing (Figs. 5–6).
As to claim 3, AOUN discloses the aerosol provision device of claim 1, wherein the non- removable panel is at least partially arcuate and corresponds to an arcuate part of the housing (Best illustrated in Fig. 7).
As to claim 8, AOUN discloses the aerosol provision device of claim 1, wherein the housing defines a fluid barrier (Fig. 7), and the non-removable panel covers at least part of the fluid barrier (Fig. 7, Applicant’s Clean Specification explains “[t]he housing 102 may act as a fluid barrier. The housing 102, in embodiments fluidly isolates an outer side of the aerosol generating assembly.” Id. at p. 9 ll. 8–9. AOUN’s Fig. 7 and together with p. 21 l. 19 through p. 22 evidence that AOUN’s housing/non-removable panel performs the same function).
As to claim 9, AOUN aerosol provision device of claim 1, wherein the housing comprises a first surface portion (the top surface of Fig. 7 illustrates structures visually similar to a racetrack surrounding the upper flat surface. Relevant here, the first surface portion corresponds to the inner racetrack and the non-removable is the outer racetrack corresponding to 11, illustrated in Fig. 5) covered by the non-removable panel and an exposed second surface portion (Fig. 7).
As to claim 12, AOUN discloses the aerosol provision device of claim 9, wherein the non- removable panel comprises an exposed panel surface and the exposed panel surface is at least substantially co-planar with the exposed second surface portion (Fig. 7).
As to claim 13, AOUN discloses the aerosol provision device of claim 9, wherein the non-removable panel is at least substantially in contact with the first surface portion across an inner side of the non-removable panel (Fig. 7).
As to claim 14, AOUN discloses the aerosol provision device of claim 1, wherein the non-removable panel encompasses at least part of the housing (Figs. 5–7).
As to claim 18, AOUN discloses the aerosol provision device of claim 1, wherein the housing comprises a tubular body (Fig. 7 illustrates an embodiment consistent with Applicant’s Specification. Please see Drawing Objections above) and an end cap (17; p. 21 l. 26 through p. 22 l. 6), and wherein the non-removable panel is on the tubular body (Fig. 7 illustrates an embodiment consistent with Applicant’s Specification. Please see Drawing Objections above).
As to claim 19, AOUN discloses the aerosol provision device of claim 1, wherein the housing defines a component cavity (Fig. 6’s interior of the housing) in which the aerosol generating assembly (23) is disposed (Figs. 5–7) and the aerosol generating assembly defines an article receiving chamber (where 311, 309, and 303 is received) extending from the opening (20), and wherein the article receiving chamber is isolated from the component cavity (Fig. 5; p. 25, ll. 7–32).
As to claim 21, AOUN discloses a system comprising:
the aerosol provision device of claim 1 (see rejection of claim 1 above); and
article comprising aerosol generating material (101/301; p. 25, ll. 15–17).
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.
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) 5–6 and 16–17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 202025730 (“AOUN”) in view of SHI CN 210929627 (“SHI”) (of record and with reference made to the attached machine translation).
As to claim 5, AOUN discloses the aerosol provision device of claim 1.
AOUN fails to disclose wherein the non- removable panel is fixed by a mechanical connection.
SHI teaches wherein the non- removable panel is fixed by a mechanical connection (Figs. 8–9, 311 and/or 322 and/or buckle 11; bottom of page 5 and extending onto page 7).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of SHI into the disclosure of AOUN for the benefit of completely securing the two pieces together with a unified smooth appearance (as taught by SHI at bottom of page 5 and extending onto page 6) and preventing disassembly (as taught by SHI at top of page 3).
As to claim 6, AOUN discloses the aerosol provision device of claim 5.
AOUN fails to disclose wherein the mechanical connection comprises a one-way clip.
SHI teaches wherein the mechanical connection comprises a one-way clip (Figs. 8–9, 311 and/or 322 and/or buckle 11; bottom of page 5 and extending onto page 7).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of SHI into the disclosure of AOUN for the benefit of completely securing the two pieces together with a unified smooth appearance (as taught by SHI at bottom of page 5 and extending onto page 6) and preventing disassembly (as taught by SHI at top of page 3).
As to claim 16, AOUN discloses the aerosol provision device of claim 1.
AOUN fails to disclose wherein the housing comprises a step, and an edge of the non-removable panel abuts against the step.
SHI teaches wherein the housing comprises a step (Figs. 8–9, and an edge of the non-removable panel abuts against the step. (Figs. 8–9, 311 and/or 322 and/or buckle 11; bottom of page 5 and extending onto page 7).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of SHI into the disclosure of AOUN for the benefit of completely securing the two pieces together with a unified smooth appearance (as taught by SHI at bottom of page 5 and extending onto page 6) and preventing disassembly (as taught by SHI at top of page 3).
As to claim 17, AOUN discloses the aerosol provision device of claim 1.
AOUN fails to disclose wherein the housing has a recessed portion (, and the non-removable panel is in the recessed portion.
SHI teaches wherein the housing has a recessed portion, and the non-removable panel is in the recessed portion. (Figs. 8–9, 311 and/or 322 and/or buckle 11; bottom of page 5 and extending onto page 7).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of SHI into the disclosure of AOUN for the benefit of completely securing the two pieces together with a unified smooth appearance (as taught by SHI at bottom of page 5 and extending onto page 6) and preventing disassembly (as taught by SHI at top of page 3).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 202025730 (“AOUN”) in view of NAUGHTON US 20180168224 (“NAUGHTON”).
As to claim 7, AOUN discloses the aerosol provision device of claim 1.
AOUN fails to disclose wherein the non- removable panel is bonded to the housing.
NAUGHTON teaches wherein the non- removable panel is bonded to the housing ([0031]).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of NAUGHTON into the disclosure of AOUN for the benefit for securing the panel and the housing together (as taught by NAUGHTON at [0031]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 202025730 (“AOUN”).
As to claim 10, AOUN discloses the aerosol provision device of claim 9.
AOUN fails to explicitly disclose wherein the first surface portion has a first surface texture, and at least one of the second surface portion or an exposed panel surface of the non-removable panel comprises a second, surface texture different from the first surface texture.
AOUN further teaches “the panels 17 and 19 are made of a plastics material, including for example glass-filled nylon formed by injection moulding, and the uni-body sleeve 11 is made of aluminium, though other materials and other manufacturing processes may be used.” (p. 21 l. 26 through p. 22 l. 2).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings above into the generic disclosure of AOUN and arrive at the panels 17 and 19 are made of a plastics material, including for example glass-filled nylon formed by injection moulding, and the uni-body sleeve 11 is made of aluminum, though other materials and other manufacturing processes may be used (as taught by AOUN at p. 21 l. 26 through p. 22 l. 2).
This would arrive at wherein the first surface portion has a first surface texture, and at least one of the second surface portion or an exposed panel surface of the non-removable panel comprises a second, surface texture different from the first surface texture.
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1–3, 5–10, 12–4, 16–19, and 21, drawn to an aerosol provision device in the reply filed on 11/11/2025 is acknowledged.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANLEY L CUMMINS IV whose telephone number is (571)272-1060. The examiner can normally be reached Monday-Friday 9:30 a.m. - 6:00 p.m. (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANLEY L CUMMINS IV/Primary Examiner, Art Unit 1747