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 .
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.
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.
Claims 1-8, 10-11, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2017/0347708, cited in IDS dated August 27, 2025) in view of Goggin et al. (US 2016/0198771, cited in IDS dated October 23, 2025).
Regarding claim 1, Shin discloses an aerosol generating device (whole device shown in Figures 1a and 1b)
comprising a main body configured to receive an aerosol generating article (Figure 1b, main body is device shown and contains opening 25 to receive electronic cigarette, [0058]), the main body comprising:
an outer casing having an inner surface and an outer surface (Figure 2, rear side cover 13 (inner surface facing toward front and outer surface opposite), [0060]);
an inner casing having an inner surface and an outer surface (Figure 3, rear side casing 23 (inner surface facing toward front and outer surface opposite), [0062]),
the inner casing being positioned inside the outer casing adjacent to the inner surface of the outer casing (Figure 3, rear side cover 13 has shape corresponding to outer of rear side casing 23, [0062]);
an inner cover having an inner surface and an outer surface (Figure 3, front side casing 21 (inner surface facing toward front and outer surface opposite), [0061]),
the inner cover being secured to a periphery of the inner casing to define a space between the inner surface of the inner cover and the inner surface of the inner casing (Figure 3, rear side casing 23 attaches to front side casing 21 and forms space to hold components shown in Figure 3, [0063]);
an outer cover having an inner surface and an outer surface (Figure 2, front side cover 11 (inner surface facing toward front and outer surface opposite), [0060]),
the outer cover being positioned over the inner cover (Figures 2 and 3, front side cover 11 over front side casing 21, [0063]),
a periphery of the outer cover contacting a periphery of the outer casing (Figures 1-3, periphery of front side cover 11 and rear side cover 13 contact when attached to rear side casing 23 and front side casing 21, [0063]);
and the outer casing forms a single piece (Figure 2, rear side cover 13 is a single piece, [0060]).
Shin fails to disclose wherein the inner surfaces of the outer casing and the outer cover entirely cover the outer surfaces of the inner casing and the inner cover.
Goggin teaches a similar vaporizer containing an outer housing and inner housing ([0079]-[0080]) wherein the inner surfaces of the outer casing and the outer cover entirely cover the outer surfaces of the inner casing and the inner cover (Figures 1 and 2, outer housing 10 has outer surface 12 and may have gaps (also meaning it may not have gaps), so it covers the entire inner area of the device, [0079]). Goggin also teaches that the outer body material and layers may be selected for its aesthetic value and functional qualities [0006].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shin to incorporate the teachings of Goggin to have the outer cover/casing completely cover the outer surfaces of the inner casing/cover by providing the outer housing as one piece as taught in Goggin because doing so would allow for the desired aesthetic value and functional qualities, as recognized by Goggin [0006].
Regarding claims 2 and 18, modified Shin discloses the aerosol generating device according to claim 1, wherein the outer casing comprises a metal or a plastic material, wherein the metal comprises aluminum (Goggin, aluminum and polycarbonate plastic listed in [0006).
Regarding claim 3, modified Shin discloses the aerosol generating device according to claim 1, wherein the inner cover and the inner surface of the outer cover are positioned adjacent to each other (Shin, Figures 2 and 3, front side casing 21 and front side cover 11 are adjacent to each other, [0061]).
Regarding claim 4, modified Shin discloses the aerosol generating device according to claim 1, wherein the inner casing is received entirely inside the outer casing (the combination of Shin and Goggin would have the inner casing of Shin completely inside the housing of Goggin (see rejection for claim 1 above)).
Regarding claim 5, modified Shin discloses the aerosol generating device according to claim 1, wherein, the main body has an elongated shape according to a longitudinal direction (Shin, Figure 1b, device is elongated in up/down (i.e. longitudinal) direction);
the main body defines a back wall and a front wall extending substantially perpendicularly to a transverse direction of the aerosol generating device (Shin, Figures 1 and 2, back wall and front wall extend up/down and defined by front side cover 11 and rear side cover 13, [0063]),
and a plurality of lateral walls extending substantially along the transverse direction between the front and back walls, the transverse direction being perpendicular to the longitudinal direction (Shin, Figure 3, lateral walls seen at least on top and bottom of front side casing 21 and rear side casing 23, [0063]).
Regarding claim 6, modified Shin discloses the aerosol generating device according to claim 5, wherein the back wall and the lateral walls are formed by the outer casing (Shin, Figures 1-2, when attached, rear side cover 13 forms walls (which extend toward the front of Figure 2), [0060]).
Regarding claim 7, modified Shin discloses the aerosol generating device according to claim 6, wherein the outer casing forms a rounded edge between the back wall and each lateral wall (Shin, Figures 2-3, rear side cover 13 curls (forms “rounded edge”) around walls of rear-side casing 23, [0062]).
Regarding claim 8, modified Shin discloses the aerosol generating device according to claim 5, wherein the front wall is formed by the outer cover (Shin, Figures 1 and 2, front wall defined by front side cover 11, [0063]).
Regarding claim 10, modified Shin discloses the aerosol generating device according to claim 1, wherein the aerosol generating device comprises an aerosol generating unit in the space defined between the inner surface of the inner cover and the inner surface of the inner casing (Shin, Figures 17b and 18, smoke generating portion 60 is inside unit, [0058]),
the aerosol generating unit including a cavity for receiving an aerosol generating article (Shin, Figure 1b, device contains opening 25 to receive electronic cigarette, [0058]).
Regarding claim 11, modified Shin discloses the aerosol generating device according to claim 10, wherein the aerosol generating unit further comprises a power source received in a power source cavity extending along a longitudinal direction of the aerosol generating device (Shin, Figure 4 shows exploded view including battery 71, which extends up/down (longitudinal direction), [0146]).
Regarding claim 16, modified Shin discloses the aerosol generating device according to claim 11, wherein the inner surface of the inner cover is designed to hold the power source in the power source cavity (Shin, Figures 4 and 5a, battery 71 shown in exploded view but fits in front side casing 21 (inner cover), [0061] and [0146]).
Regarding claim 17, modified Shin discloses the aerosol generating device according to claim 1, wherein the inner surface of the inner cover is substantially continuous (Shin, Figure 3, front side casing 21 (inner cover) is shown as one piece and inner surface is therefore continuous, [0061]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2017/0347708, cited in IDS dated August 27, 2025) in view of Goggin et al. (US 2016/0198771, cited in IDS dated October 23, 2025) as applied to claim 1 above, and further in view of Henry Jr. et al. (US 2017/0119053, cited in IDS dated October 23, 2025), hereinafter Henry.
Regarding claim 9, modified Shin discloses the aerosol generating device according to claim 1, as set forth above and wherein the outer surface of the outer casing and the outer surface of the outer cover define an external surface of the aerosol generating device (Figures 1-2, front side cover 11 and rear side cover 13 define external surface of device, [0063]). Shin fails to disclose the periphery of the outer cover contacts the periphery of the outer casing so that the outer surface of the outer cover lies substantially flush with the outer surface of the outer casing to define a continuous external surface.
Henry teaches a similar aerosol delivery device containing a housing wherein the periphery of the outer cover contacts the periphery of the outer casing so that the outer surface of the outer cover lies substantially flush with the outer surface of the outer casing to define a continuous external surface (Figures 4-5, housing 102 forms a “substantially flush” seam which makes the external surface of the device continuous, [0065]). Henry also teaches that the shape of the housing is configured to comfortably fit within a user’s hand [0065].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shin to incorporate the teachings of Henry to have made the outer cover a continuous external surface because doing so would help to make the device comfortably fit within a user’s hand, as recognized by Henry [0065].
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2017/0347708, cited in IDS dated August 27, 2025) in view of Goggin et al. (US 2016/0198771, cited in IDS dated October 23, 2025) as applied to claim 11 above, and further in view of Johnson et al. (US 2016/0227838).
Regarding claim 12, modified Shin discloses the aerosol generating device according to claim 11, as set forth above. Shin fails to disclose wherein the inner cover further defines power source venting holes.
Johnson teaches a similar electronic vaporizer containing a cover (Figure 1, outer wall 25, [0035]) wherein the inner cover further defines power source venting holes (Figure 1, outer wall 25 defines vent holes, which are over the battery compartment assembly 17, [0035]). Johnson also teaches that the venting holes are configured to expel excess heat generated through the use of the battery [0035].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shin to incorporate the teachings of Johnson to include vent holes over the battery because doing so would help to expel excess heat generated through the use of the battery, as recognized by Johnson [0035].
Regarding claim 13, modified Shin discloses the aerosol generating device according to claim 12, wherein the power source venting holes extend between the inner surface and the outer surface of the inner cover on a venting portion facing the power source (using the combination of Shin and Johnson presented above, the venting holes would be in the front side casing 21 (inner cover) facing battery 71, see Figures 3 and 4 and [0061] and [0146] of Shin).
Regarding claim 14, modified Shin discloses the aerosol generating device according to claim 13, wherein the venting portion is adjacent to the periphery of the inner cover (using the combination of Shin and Johnson presented above, the venting holes/portion would be adjacent to the periphery of the front side casing 21 (inner cover) since the battery 71 is at the periphery, see Figures 3 and 4 and [0061] and [0146] of Shin).
Regarding claim 15, modified Shin discloses the aerosol generating device according to claim 13, wherein the venting portion is masked by the outer cover (using the combination of Shin and Johnson presented above, the venting holes/portion would be covered (masked) by front side cover 11 (outer cover), see Figure 2 and [0060] of Shin).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z. Baratz whose telephone number is (703)756-1613. The examiner can normally be reached Monday-Thursday 6:30 - 4:30 CT.
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, 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.
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.
/A.Z.B./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747