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 1-17 are pending and are subject to this office action. Claim 1 is amended. Claims 16-17 are newly added.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 07/09/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 5-7, filed 07/09/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to require that the electronic display forms only part of the externally visible surface of the cover, which was not previously presented. Liu discloses a display (3, “cover”, Fig. 1, Fig. 2) comprising electronic paper (“electronic display”) which covers the entire externally visible surface of the display (3, “cover”, Fig. 1, Fig. 2, [0014]). Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of a combination of newly found prior art and previously applied prior art.
Therefore, the rejection below is maintained and modified where necessitated by Applicant’s amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation, “the display” in line 2 and claim 17 recites the limitation “the display” in line 10. There is insufficient antecedent basis for these limitations in the claims because in each case it is the first mention of a display. Claim 1, from which claim 16 depends, recites an electronic display. Similarly, claim 17 line 7 recites an electronic display. It is unclear if the electronic display and the display are the same display or if the display is an additional display. The specification appears to teach a single electronic display (330, Fig. 2A). Therefore, for the purposes of examination, “the display” in claims 16 and 17 will be interpreted as the electronic display.
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.
Claims 1, 2, 4, 5-7, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025).
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Regarding claim 1, Yoon discloses an aerosol generating device (100, Fig. 1A, [0056-0057]), comprising:
A main body (housing 101 and contents thereof) comprising a main housing (portion of housing 101 where display 140 is not positioned) and a cover (panel of housing 101 where display 140 is positioned) attached to the main housing (Fig. 1A, Fig. 2, [0057-0058, 0070-0071]), and;
The main body (101) is configured to generate aerosol from an aerosol generation substrate (aerosol generating article 200, Fig. 1A, Fig. 1B, [0060]), and;
An electronic display (display 140) forming only part of the externally visible surface of the cover, the electronic display (140) comprising an electronic paper display panel (Fig. 1A, Fig. 2, Fig. 4A, [0084]).
An electronic paper display panel is considered to be an electronic display that uses non-light emitting, reflective display technology wherein display pixels do not emit light but are visible due to ambient light scattering and reflection.
Yoon does not explicitly disclose the cover is releasably attached or connected to the main housing.
However, Begin, directed to an aerosol provision assembly (500, Fig. 5, [0100]), discloses:
A removable member (“a cover”) attached to a housing (502) using magnets (530, Fig. 5, [0100]), and;
The removeable member is replaceable (i.e. configured to be detached and reattached to the main housing by a user) which allows a user to customize the assembly such as to provide specific textures, grip, or ergonomics ([0031l).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon by providing the cover as a removable member with magnetic attachments between the cover and main housing as taught by Begin because both Yoon and Begin are directed to aerosol generating devices, Begin teaches a removable cover allows the user to customize the device, and this involves applying a known attachment means to a cover in a similar aerosol generating device to yield predictable results.
In regards to the limitation requiring the cover covers a portion of an outer surface of the main housing, the Examiner is interpreting the outer surface of the main housing as the externally visible surface of the main housing (Yoon: 101) and the surface of the main housing (Yoon: 101) which mates with the cover/removable member (Begin: Fig. 5, [0100]). Therefore, the cover is considered to cover at least a portion of an outer surface of the main housing.
Regarding claim 2, Yoon discloses the electronic display (140) comprises an electronic paper display panel (Fig. 1A, Fig. 2, Fig. 4A, [0084]).
Regarding claim 4, Yoon discloses the electronic display (140) is configured to display at indicator (1400), the indicator (1400) comprising various shapes such as a thermometer (1400a) or water drop (1400b, i.e. a graphical object, an image, visual pattern, and/or plain color, Fig. 2, Fig. 4A, [0070, 0074-0075, 0084]).
Regarding claims 5 and 6, Yoon discloses the electronic display (140) is configured to display an indicator (1400, Fig. 2, [0073-0075]). In one example, the display (140) outputs an indicator (1400) comprising an image or visual pattern indicating the insertion of an aerosol generating article (200) Fig. 9, [0119-0121]) which is considered to be based on display information (i.e. information used to determine what is displayed) and operational information (i.e. information related to the operation of the device) provided to the display.
Regarding claim 7, Yoon discloses the display (140) outputs an indicator (1400) comprising an image or visual pattern indicating the insertion of an aerosol generating article (200) Fig. 9, [0119-0121]). The indicator (1400) is displayed as a result of inserting the article (i.e. a change in operational information).
Regarding claim 15, Begin discloses the housing (502) comprises magnets (530, “one or more respective magnetic counter coupling elements provided with the main housing”) and the removable member comprises corresponding magnets (“one or more magnets provided with the cover”) to engage with the magnets (530) on the housing (502, Fig. 5, [0100]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025), as applied to claim 1 above, further in view of Shima (US 20220365381 A1).
Regarding claim 3, Yoon discloses the electronic display (140) comprises an electronic paper display panel (Fig. 1A, Fig. 2, Fig. 4A, [0084]).
Yoon does not explicitly disclose the electronic display (140) is a memory in pixel (MIP) display.
However, Shima, directed to a display device (DSP, Fig. 1, [0021]), discloses:
An electronic paper-type display device for use in smartphones or other personal electronic devices ([0020]).
The display device (DSP) has a configuration that employs a Memory In Pixel (MIP) scheme ([0042]).
A MIP scheme maintains the display without needing to refresh the pixel signals in a frame cycle resulting in lower power consumption ([0043-0045])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin, by configuring the display to have a memory in pixel scheme as taught by Shima because both Yoon and Shima are directed to electronic displays, Shima teaches the memory in pixel scheme results in lower power consumption, and this involves applying a known display to a similar electronic device to yield predictable results.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025), as applied to claim 1 above, further in view of Bellinger (US 20150359263 A1)
Regarding claim 8, Yoon discloses processor (150, i.e. a component of the main body) is electrically connected to the display (140) and a battery (130, Fig. 1B, [0067]).
Yoon does not explicitly disclose a wired connection between the processor (150) and the display (140).
However, Bellinger, directed to an electronic vaporizer (100, Fig. 1, [0027]), discloses
A user interface (150) comprising a display (152), the user interface (150) is connected by a wired connection to a controller (120, Fig. 1, [0032]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin, by providing a wired connection between the processor and the display as taught by Bellinger because both Yoon and Bellinger are directed to aerosol generating devices, Yoon discloses the display is electrically connected to the processor but is silent to the connection means and Bellinger teaches a wired connection between the controller and a display, and this involves applying a known connection means between a display screen and controller to a similar device to yield predictable results.
Regarding claim 9, Yoon discloses processor (150, i.e. a component of the main body) is electrically connected to the display (140) and a battery (130, Fig. 1B, [0067]). Bellinger disclose a display (152) connected by a wired connection to a controller (120, Fig. 1, [0032]). A person having ordinary skill in the art would recognize that the battery (Yoon: 140) supplies power to the processor (Yoon: 150) and the display (Yoon: 140), and a wired connection (Bellinger: [0032]) between the processor (Yoon: 150) and display (Yoon: 140) would be configured to supply power from the battery (Yoon: 130, i.e. supplying power from the main body).
Regarding claim 10, Yoon discloses processor (150, i.e. a component of the main body) is electrically connected to the display (140) and a battery (130, Fig. 1B, [0067]) and the processor (150) controls the display (140) to display an indicator (1400) in response to an article insertion (i.e. communicating display information, Fig. 9, [0019-0121]).
Yoon does not explicitly disclose a wired connection between the processor (150) and the display (140) for communication the display information.
However, Bellinger, directed to an electronic vaporizer (100, Fig. 1, [0027]), discloses
A user interface (150) comprising a display (152), the user interface (150) is connected by a wired connection to a controller (120, Fig. 1, [0032]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin, by providing a wired connection between the processor and the display as taught by Bellinger because both Yoon and Bellinger are directed to electronic accessories for smoking, Yoon discloses the display is electrically connected to the processor but is silent to the connection means and Bellinger teaches a wired connection between the controller and a display, and this involves applying a known connection means between a display screen and controller to a similar device to yield predictable results.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025) as applied to claim 1 above, further in view of Veelo (US 20230039557 A1).
Regarding claim 11, Yoon discloses the display (140) is electrically connected to the processor (150, i.e. a component of the main body, Fig. 1B, [0067]).
Yoon does not explicitly disclose a wireless interface for receiving display or operational information from a remote device.
However, Veelo, directed to a tobacco grinding device for cigarettes (abstract), discloses:
A grinding device (1200) comprising a display (1626), and a controller (1610) wirelessly connected to a transceiver (1608, Fig. 16A, [0071, 0076]).
A mobile device (“remote device”) is communicatively coupled to the controller (1610) via the transceiver (1608, “wireless interface”) for controlling the operation of the device ([0076]). Commands (i.e. start or stop grinding, or adjusting speed [0076]) sent from the mobile device to the grinding device to control the operations of the device is considered to meet the claim limitation of operational information.
Controlling the device through a user interface of a mobile application provides a convenient way to use of the device ([0016]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin, by providing a transceiver for controlling the electronic cigarette through a wireless interface with a mobile device as taught by Veelo because both Yoon and Veelo are directed to electronic smoking accessories, Veelo teaches controlling the device through a mobile application provides a convenient way to use the device, and this involves applying a known wireless interface to a similar device to yield predictable results.
Regarding claim 12, Veelo discloses the mobile device (“remote device”) comprises smart phone (“mobile phone”), a tablet computer (“personal computer”) or servers ([0076, 0079]).
Regarding claim 13, Yoon discloses the processor (150) controls the display (140) to display an indicator (1400) in response to an article insertion (i.e. communicating display or operational information, Fig. 9, [0019-0121]).
Veelo discloses a mobile device (“remote device”) communicatively coupled to the controller (1610) via a transceiver (1608, “wireless interface”) for controlling the operation of the device ([0076]).
Yoon or Veelo do not explicitly disclose the wireless interface is for communication display or operational information to the cover or electronic display.
However, Veelo, directed to a tobacco grinding device for cigarettes (abstract), further discloses:
The controller (1610) can employ the transceiver (1608) to connect wirelessly to a WiFi network for communication with servers on the internet ([0079])
The grinding device can include a tag reader (1622) to transmit data read from a tag to the controller (1610) via the transceiver (1608).
The tag reader (1622) can be used to read a tag on a package of tobacco, and the controller (1610) can retrieve information about the tobacco (“display information”) from a server on the internet for display to the user via the display (1626).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin and Veelo, by providing a tag reader connected to the transceiver and configuring the device to communicate information about tobacco products to the display as taught by Veelo because both Yoon and Veelo are directed to electronic smoking accessories, Veelo teaches the tag reader provides the device the additional functionality of identifying consumables used with the device, and this involves applying a known tag reader to a similar device to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025) and Veelo (US 20230039557 A1) as applied to claim 11 above, further in view of Leadly (US 20180160733 A1).
Regarding claim 14, Veelo discloses the electronic cigarette can be controlled through wireless connection such as Bluetooth ([0016]).
Yoon or Veelo do not explicitly disclose the wireless connection is Bluetooth Low Energy.
However, Leadly, directed to an electronic cigarette (10), discloses:
Bluetooth Low Energy communications between an e-cigarette (10) and a smartphone (400), Fig. 4, [0047])
A Bluetooth Low Energy link has a low average power consumption ([0049])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view of Begin and Veelo, by providing using a Bluetooth Low Energy interface as taught by Leadly because both Yoon and Veelo are directed to electronic cigarettes, Leadly teaches Bluetooth Low Energy has low energy consumption, and this involves applying a known wireless interface to a similar device to yield predictable results.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025) as applied to claim 1 above , further in view of Birecki (US 20160349591 A1).
Regarding claim 16, Yoon discloses an electronic display (display 140) forming only part of the externally visible surface of the cover (Fig. 1A, Fig. 2, Fig. 4A, [0084]).
Yoon does not explicitly disclose the electronic display (140) is arranged recessed from the externally visible surface of the cover.
However, Birecki, directed to an e-paper display (37, Fig. 1, [0001, 0019]), discloses:
An e-paper display (37) recessed relative to a top surface (28A) of a frame (22) which provides protection to the imaging surface (38) of the e-paper when the media (20, i.e. the device the e-paper is used in) is handled by users (Fig. 1, Fig. 2, [0019, 0027-0028]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view Begin, by providing the display recessed from the external surface of the cover as taught by Birecki because both Yoon and Birecki are directed to e-paper displays, Birecki teaches the recessed arrangement protects the e-paper display from damage, and this involves applying a known recessed arrangement to a similar e-paper display to yield predictable results.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 20220256932 A1) in view of Begin (US 20200345960 A1, as cited on IDS dated 12/18/2025) and Birecki (US 20160349591 A1).
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Regarding claim 17, Yoon discloses an aerosol generating device (100, Fig. 1A, [0056-0057]), comprising:
A main body (housing 101 and contents thereof) comprising a main housing (portion of housing 101 where display 140 is not positioned) and a cover (panel of housing 101 where display 140 is positioned) attached to the main housing (Fig. 1A, Fig. 2, [0057-0058, 0070-0071]), and;
The main body (101) is configured to generate aerosol from an aerosol generation substrate (aerosol generating article 200, Fig. 1A, Fig. 1B, [0060]), and;
An electronic display (display 140) comprising an electronic paper display panel (Fig. 1A, Fig. 2, Fig. 4A, [0084]).
An electronic paper display panel is considered to be an electronic display that uses non-light emitting, reflective display technology wherein display pixels do not emit light but are visible due to ambient light scattering and reflection.
Yoon does not explicitly disclose the cover is releasably attached or connected to the main housing.
However, Begin, directed to an aerosol provision assembly (500, Fig. 5, [0100]), discloses:
A removable member (“a cover”) attached to a housing (502) using magnets (530, Fig. 5, [0100]), and;
The removeable member is replaceable (i.e. configured to be detached and reattached to the main housing by a user) which allows a user to customize the assembly such as to provide specific textures, grip, or ergonomics ([0031l).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon by providing the cover as a removable member with magnetic attachments between the cover and main housing as taught by Begin because both Yoon and Begin are directed to aerosol generating devices, Begin teaches a removable cover allows the user to customize the device, and this involves applying a known attachment means to a cover in a similar aerosol generating device to yield predictable results.
In regards to the limitation requiring the cover covers a portion of an outer surface of the main housing, the Examiner is interpreting the outer surface of the main housing as the externally visible surface of the main housing (Yoon: 101) and the surface of the main housing (Yoon: 101) which mates with the cover/removable member (Begin: Fig. 5, [0100]). Therefore, the cover is considered to cover at least a portion of an outer surface of the main housing.
Yoon does not explicitly disclose the electronic display (140) is arranged recessed from the externally visible surface of the cover.
However, Birecki, directed to an e-paper display (37, Fig. 1, [0001, 0019]), discloses:
An e-paper display (37) recessed relative to a top surface (28A) of a frame (22) which provides protection to the imaging surface (38) of the e-paper when the media (20, i.e. the device the e-paper is used in) is handled by users (Fig. 1, Fig. 2, [0019, 0027-0028]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon, in view Begin, by providing the display recessed from the external surface of the cover as taught by Birecki because both Yoon and Birecki are directed to e-paper displays, Birecki teaches the recessed arrangement protects the e-paper display from damage, and this involves applying a known recessed arrangement to a similar e-paper display 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 MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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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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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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