DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-3, 5-10, 12-14, 16-19, and 21-25 are pending and are subject to this Office Action.
Claims 5 and 10 are amended.
Claims 22-25 are withdrawn.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 6/12/2026 containing
amendments and remarks to the claims.
The objection to claims 5 and 10 have been withdrawn due to the claim amendments.
Response to Arguments
Applicant’s arguments, see page 7, filed 3/12/2026, with respect to the drawing objection for failing to show exposed second surface portion 102b have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive.
On pages 9-10 the Applicant argues that Aoun does not disclose top panel 17 and bottom panel 19 on an outer side of the housing as required by claim 1, as the top panel 17 and the bottom panel 19 form part of the housing.
The Examiner does not find this to be persuasive. Aoun teaches a uni-body sleeve 11 that encompasses the perimeter of the device 51 (page 21, fifth paragraph), and therefore uni-body sleeve 11 is considered to be a housing encapsulating the aerosol generating assembly as claimed. The claim does not exclude other housing elements, such as what the Applicant contends top panel 17 and bottom panel 19 to be, but just requires the housing to encapsulate the aerosol generating assembly. Therefore, uni-body sleeve 11 meets the requirements of the claimed housing.
Further, top panel 17 and bottom panel 19 are located on a top side and a bottom side of uni-body sleeve 11, which is on an outer longitudinal side of uni-body sleeve 11. The claim only requires the non-removable panel to be located on an outer side of the housing, which includes an outer radial side of the housing, or in this case, an outer longitudinal side of the housing. Therefore, top panel 17 and bottom panel 19 meet the claim requirement of on an outer side of the housing.
Further, the Office Action also mapped in the alternative “one of 11 in Fig. 5” as the claimed non-removable panel on an outer side of the housing. As one of the 11 sleeves are located on an outer longitudinal side of another one of the adjacent 11 sleeves, this would also meet the claim limitation of on an outer side of the housing. Therefore, the rejection is maintained.
The following is a modified rejection made based on the claim amendments.
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.
Conclusion
THIS ACTION IS MADE FINAL. 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 Nicole A Szumigalski whose telephone number is (703)756-1212. The examiner can normally be reached Monday - Friday: 8:00 - 4:30 EST.
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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