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 .
Response to Amendment
The office action is in response to Applicant’s amendment filed on 07/07/2026.
Claims 1, 4-6, and 9 are amended.
Claims 2-3 are cancelled.
Claims 12-15, 17, 22, and 28-30 are withdrawn as being directed to a non-elected group.
The objection to claim 2 has been withdrawn due to cancellation of the claim.
The rejections of claim 7 under 35 U.S.C. 112(b) withdrawn due to amendments made to the independent claim 1.
Response to Arguments
Applicant' s arguments, see pages 11-15, filed on 07/07/2026, with respect to the rejection(s) of claims 1-11 under 35 U.S.C. 102 and 103, respectively, have been fully considered and are persuasive. The Applicant has amended claims 1 and 6 to include limitations that were previously indicated as having allowable subject matter and therefore a reasons of allowance is provided below. However, the arguments regarding claim 9 are not persuasive as detailed below and the application is not in condition for allowance.
On pages 13-14, the Applicant argues that now independent claim 9 is not obvious over Reevell in view of Acconcia, specifically arguing that the Applicant finds the combination of Acconcia’s second retention element to Reevell is inconsistent with the teachings of the cited references because moving the recess 35 of Reevell to the proximal end of the tube would prevent the recess from contacting the bottom surface of the consumable.
The Examiner respectfully disagrees. The combination of Reevell and Acconcia was not to move the recess of Reevell to the proximal end and was instead to show that a similar reference teaches a first retention structure formed at a proximal end of the tube for holding the consumables and thus the structure is known in the art. Acconcia was applied to Reevell to both show it would be obvious to apply an additional retention structure and to make it obvious that the first retention structure already exists in the art and thus is not a novel limitation.
Furthermore Reevell already teaches one retention structure (recess 35) which is located at the distal end of the tube and even teaches “for further stability and stable position of the second-type consumable, the device 1 may be provided with a mouthpiece (not shown) comprising a recess corresponding to and receiving the proximal end of the second-type consumable 42” (i.e., retention structure at the proximal end) ([0079]). Reevell merely does not explicitly disclose a retention structure formed towards a proximal end of the tube is comprised in the tube, however Reevell clearly makes it obvious one can exist in a similar location. Acconcia is relied upon to clarify that the additional retention structure at the proximal end is an obvious limitation known in the art. Reevell is not moving it’s retention structure and is instead applying an additional retention structure to the tube as made obvious by Acconcia.
On page 14, the Applicant further argues that the stopper 32 of Acconcia is for retaining the adaptor element and not the consumable and that the stopper of Acconcia has an entirely different function from the recess of Reevell, therefore a person of ordinary skill in the art would not equate the stopper of Acconcia with the recess of Reevell.
The Examiner respectfully disagrees. While the stopper is designed to retain the adapter element, the adapter element is what allows the plurality of consumables to be inserted into the device ([0007]), therefore it would be obvious to one of ordinary skill in the art that the stopper is still holding the consumables in place.
Furthermore, Reevell already teaches an additional recess can be provided at the proximal end of the device and therefore the additional recess could obviously be an additional retention element.
The following is a modified rejection based on amendments made to claim 9 and to further clarify the rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023) and further in view of Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1).
In regards to claim 9, Reevell directed to an aerosol-generating device (i.e., non-combustible aerosol provision device) and aerosol-generating system discloses the non-combustible aerosol provision device generates an aerosol from an aerosol-generating material comprised in a consumable (abstract and [0002]), the non-combustible aerosol provision device comprising:
A housing 2 (i.e., receptacle) for receiving a consumable comprising aerosol-generating material ([0002] and [0007]); and
A receiving chamber 3 (i.e., adaptor) comprising a hollow cylindrical portion 31 and hollow cuboid section 32 within the receptacle and configured to adapt the receptacle to receive one at a time each of a plurality of consumables having different sizes (Figures 3-4 and [0065]-[0066]);
Wherein the adaptor comprises:
the shape of a tube (i.e., comprises a tube). Refer to Figures 16-17 provided below.
PNG
media_image1.png
340
618
media_image1.png
Greyscale
a retention structure 34 comprising a recess 35 (i.e., second retention structure) for holding a first type of consumable one at a time in a position, at a location towards a distal end of the tube (annotated Figure 11 provided above) (Figure 4 and [0077]-[0078]).
Reevell further discloses “for further stability and stable position of the second-type consumable, the device 1 may be provided with a mouthpiece (not shown) comprising a recess corresponding to and receiving the proximal end of the second-type consumable 42” (i.e., retention structure at the proximal end) ([0079]), however Reevell does not explicitly disclose a first retention member formed towards a proximal adaptor end of the tube.
Acconcia, directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising:
A heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]); and
An adapter is received within the receptacle for modifying the shape of the receptacle
to optimally fit additional shapes of additional consumables ([0007]).
Acconcia further discloses the adaptor comprises a hollow tubular shape (i.e., a first cylindrical body) ([0014]) commencing at a proximal adaptor end of the adaptor and extending towards a distal adapter end, the proximal adapter end being the end of the adapter which is nearest to a user’s mouth when the user inhales while the adaptor is received in the receptacle and the distal adaptor end being the end of the adaptor which is farthest from the user’s mouth when the user inhales during use (Refer to Figure 4 annotated by the Examiner provided below)
PNG
media_image2.png
740
995
media_image2.png
Greyscale
Acconcia further discloses the first cylindrical body comprises a stopper 32 (i.e., first retention element) configured to retaining the adapter during insertion into the heating chamber and located at the proximal adaptor end (Figure 4).
Acconcia further discloses the stopper retains the adapter from being further inserted into the heating chamber and may be configured for removing the adaptor element ([0023]-[0024]).
Acconcia further discloses the stopper can aid the removal of the adaptor from the heating chamber and may aid the second type of consumables being fully inserted ([0023] and [0027]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Reevell by modifying the tube of Reevell to further comprise an additional retention structure to be formed towards a proximal end of the tube, as taught by Acconcia, because both are directed to aerosol generating devices comprising adaptors and receptacles, Acconcia teaches the first retention structure aids removal and retention of the adaptor, and thus the consumable ([0023]), and this merely involves applying a known technique of using a retention member and applying it to a known location of a similar device to yield predictable results.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, no prior art alone or in combination with references discloses a first and second retention structure as defined in claim 9, comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023), directed to an aerosol-generating device (i.e., non-combustible aerosol provision device) and aerosol-generating system discloses the non-combustible aerosol provision device generates an aerosol from an aerosol-generating material comprised in a consumable (abstract and [0002]), the non-combustible aerosol provision device comprising:
A housing 2 (i.e., receptacle) for receiving a consumable comprising aerosol-generating material ([0002] and [0007]); and
A receiving chamber 3 (i.e., adaptor) comprising a hollow cylindrical portion 31 and hollow cuboid section 32 within the receptacle and configured to adapt the receptacle to receive one at a time each of a plurality of consumables having different sizes (Figures 3-4 and [0065]-[0066]).
Reevell discloses the retention element of claim 9 and a cavity created by the first cylindrical body (Figure 16), but Reevell does not explicitly disclose the retention element comprises two or more resilient protrusions extending from the first cylindrical body into a cavity defined by the first cylindrical body, wherein the resilient protrusions are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables. Therefore, Reevell differs from the instant invention in that Reevell does not teach an adaptor comprising a retention structure comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Hepworth et al. (US 20190254346 A1, as cited in the IDS dated 07/26/2023), directed to a receptacle section for an aerosol provision system ([0005]), discloses the receptacle section arranged to receive an element for generating an aerosol (i.e., consumable) ([0005]).
Hepworth further discloses the receptacle section may be arranged to allow insertion and or removal of the consumable based on the configuration of the receptacle based when moved to first and second portions (i.e., adaptor) ([0008]-[0009]).
Hepworth further discloses the first portion 302a comprises a plurality of resilient members 338 that are generally flat and arranged side by side around the inner wall of the housing of the adaptor ([0096]). The adaptor has a first cylindrical body (the tube shape in Figures 3a-3b) and the resilient members (i.e., resilient protrusions) extend from the first cylindrical body into a cavity defined by the first cylindrical body. Refer to Figure 3b annotated by the Examiner provided below.
PNG
media_image3.png
566
435
media_image3.png
Greyscale
Hepworth further discloses the resilient protrusions are restricted from moving until the user wants to either insert a new consumable or remove the current consumable, and that when a user wishes to insert a new consumable, the user pushes the housing 302b to slide substantially parallel to the longitudinal axis of the device 300, which causes each of the resilient protrusions to protrude out (i.e., deformable) of an open end 334 of the housing 302b. The resilient protrusions define between them a radial dimension D (i.e., cavity) of the receiving region 340 for allowing the consumable 324 to be inserted into (and/or removed from) the receiving region 340 (i.e., the resilient protrusions are deformable to hold each of the plurality of consumables one at a time) ([0097]).
While Hepworth discloses a receptacle for receiving a plurality of consumables comprising deformable protrusions, Hepworth does not explicitly disclose an adaptor comprising the protrusions and does not teach the plurality of consumables having different sizes as claimed. Further, the device of Hepworth cannot be applied to the device of Reevell because Hepworth’s receptable includes housing that separates and moves away from the original housing which is not taught in Reevell and cannot reasonably be applied to Reevell.
Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1), directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising a heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]).
Acconcia further discloses an adapter is received within the receptacle for modifying the shape of the receptacle to optimally fit additional shapes of additional consumables ([0007]).
Acconcia differs from the instant invention in that Acconcia does not explicitly discloses a retention structure comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Lu et al. (US-20230329342-A1) directed to a vapor generation device, discloses the vapor generation device configured to heat an aerosol-forming article to generate an aerosol for inhalation (abstract).
Lu further discloses the device including a housing, where the housing is internally provided with: a cavity; at least one heater, configured to heat the aerosol-forming article; and a support mechanism, constructed to surround at least a part of the cavity, where an inner surface of the support mechanism is provided with a plurality of first protrusions and a plurality of second protrusions spaced along a circumferential direction to clamp the aerosol-forming article received in the cavity; and the plurality of first protrusions and the plurality of second protrusions are arranged sequentially along an axial direction of the support mechanism. The vapor generation device simultaneously clamps the aerosol-forming article at different heights through double-layer protrusions inside, so that the aerosol-forming article can be stably received in the vapor generation device, and transfer heat with a heater (abstract).
Lu differs from the instant invention in that Lu does not disclose an adaptor for adapting the receptacle to receive each of a plurality of consumables having different sizes and does not teach the resilient protrusions are deformable to hold each of the plurality of consumables having different sizes.
As such, no prior art appears to disclose or reasonably suggest an adaptor comprising a retention structure comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables, as recited in claim 10 and therefore claim 10 is indicated as having allowable subject matter. Claim 11 is indicated as being allowable by virtue of its dependency on claim 10.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
No prior art alone or in combination with references discloses a limitation as recited in claims 1 and 6.
Regarding claim 1, no prior art alone or in combination with references discloses a retention element as defined in claim 1, comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Regarding claim 6, no prior art alone or in combination with references discloses a retention element as defined in claim 2, comprising a plurality of resilient fingers which are deformable to accommodate and hold in position, one at a time, the plurality of consumables.
Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023), directed to an aerosol-generating device (i.e., non-combustible aerosol provision device) and aerosol-generating system discloses the non-combustible aerosol provision device generates an aerosol from an aerosol-generating material comprised in a consumable (abstract and [0002]), the non-combustible aerosol provision device comprising:
A housing 2 (i.e., receptacle) for receiving a consumable comprising aerosol-generating material ([0002] and [0007]); and
A receiving chamber 3 (i.e., adaptor) comprising a hollow cylindrical portion 31 and hollow cuboid section 32 within the receptacle and configured to adapt the receptacle to receive one at a time each of a plurality of consumables having different sizes (Figures 3-4 and [0065]-[0066]).
Reevell discloses the retention element of claims 1 and 6 and a cavity created by the first cylindrical body (Figure 16), but Reevell does not explicitly disclose the retention element comprises two or more resilient protrusions extending from the first cylindrical body into a cavity defined by the first cylindrical body, wherein the resilient protrusions are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables. Therefore, Reevell differs from the instant invention in that Reevell does not teach an adaptor comprising a retention structure comprising two or more resilient protrusions or a plurality of fingers that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Hepworth et al. (US 20190254346 A1, as cited in the IDS dated 07/26/2023), directed to a receptacle section for an aerosol provision system ([0005]), discloses the receptacle section arranged to receive an element for generating an aerosol (i.e., consumable) ([0005]).
Hepworth further discloses the receptacle section may be arranged to allow insertion and or removal of the consumable based on the configuration of the receptacle based when moved to first and second portions (i.e., adaptor) ([0008]-[0009]).
Hepworth further discloses the first portion 302a comprises a plurality of resilient members 338 that are generally flat and arranged side by side around the inner wall of the housing of the adaptor ([0096]). The adaptor has a first cylindrical body (the tube shape in Figures 3a-3b) and the resilient members (i.e., resilient protrusions) extend from the first cylindrical body into a cavity defined by the first cylindrical body. Refer to Figure 3b annotated by the Examiner provided below.
PNG
media_image3.png
566
435
media_image3.png
Greyscale
Hepworth further discloses the resilient protrusions are restricted from moving until the user wants to either insert a new consumable or remove the current consumable, and that when a user wishes to insert a new consumable, the user pushes the housing 302b to slide substantially parallel to the longitudinal axis of the device 300, which causes each of the resilient protrusions to protrude out (i.e., deformable) of an open end 334 of the housing 302b. The resilient protrusions define between them a radial dimension D (i.e., cavity) of the receiving region 340 for allowing the consumable 324 to be inserted into (and/or removed from) the receiving region 340 (i.e., the resilient protrusions are deformable to hold each of the plurality of consumables one at a time) ([0097]).
While Hepworth discloses a receptacle for receiving a plurality of consumables comprising deformable protrusions/fingers, Hepworth does not explicitly disclose an adaptor comprising the protrusions/fingers and does not teach the plurality of consumables having different sizes as claimed. Further, the device of Hepworth cannot be applied to the device of Reevell because Hepworth’s receptable includes housing that separates and moves away from the original housing which is not taught in Reevell and cannot reasonably be applied to Reevell.
Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1), directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising a heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]).
Acconcia further discloses an adapter is received within the receptacle for modifying the shape of the receptacle to optimally fit additional shapes of additional consumables ([0007]).
Acconcia differs from the instant invention in that Acconcia does not explicitly discloses a retention structure comprising two or more resilient protrusions or a plurality of fingers that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Lu et al. (US-20230329342-A1) directed to a vapor generation device, discloses the vapor generation device configured to heat an aerosol-forming article to generate an aerosol for inhalation (abstract).
Lu further discloses the device including a housing, where the housing is internally provided with: a cavity; at least one heater, configured to heat the aerosol-forming article; and a support mechanism, constructed to surround at least a part of the cavity, where an inner surface of the support mechanism is provided with a plurality of first protrusions and a plurality of second protrusions spaced along a circumferential direction to clamp the aerosol-forming article received in the cavity; and the plurality of first protrusions and the plurality of second protrusions are arranged sequentially along an axial direction of the support mechanism. The vapor generation device simultaneously clamps the aerosol-forming article at different heights through double-layer protrusions inside, so that the aerosol-forming article can be stably received in the vapor generation device, and transfer heat with a heater (abstract).
Lu differs from the instant invention in that Lu does not disclose an adaptor for adapting the receptacle to receive each of a plurality of consumables having different sizes and does not teach the resilient protrusions/fingers are deformable to hold each of the plurality of consumables having different sizes.
As such, no prior art appears to disclose or reasonably suggest an adaptor comprising a retention structure comprising two or more resilient protrusions, or a plurality of fingers, that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables, as recited in claims 1 and 6, and therefore claims 4-8 are allowable by virtue of their dependency on claims 1 and 6.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights