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 Arguments
Applicant’s arguments filed 04/20/2026 have been fully considered and are persuasive to the extent that the prior Office Action inadvertently cited the incorrect Yilmaz publication number. Specifically, the prior Office Action identified Yilmaz as US 2020/0383379 A1, while the cited teachings directed to first seal 280 and second seal 480 correspond to Yilmaz et al. (US 2021/0177056 A1).
Accordingly, the rejection of claim 1 over Kim et al. in view of Yilmaz (US 2020/0383379 A1) has been withdrawn.
However, a new ground of rejection is made herein over Kim et al. (US 2020/0288778 A1) in view of Yilmaz et al. (US 2021/0177056 A1). Applicant’s arguments regarding the absence of seal 280 and seal 480 in US 2020/0383379 A1 are therefore moot with respect to the present rejection, because the present rejection relies on the correct Yilmaz reference.
Yilmaz et al. (US 2021/0177056 A1) teaches the previously identified seal structures. In particular, Yilmaz teaches first seal 280 extending around open section 290 of liquid cartridge 200 and second seal 480 extending around porous section 490 of material cartridge 400, wherein first seal 280 and second seal 480 abut each other to form a sealed passageway between liquid cartridge 200 and material cartridge 400 (¶ [0075]). Thus, Yilmaz teaches the gasket/seal arrangement relied upon in the present rejection.
Applicant has not presented arguments addressing the newly applied Yilmaz et al. (US 2021/0177056 A1) reference. Therefore, the rejection of claim 1 over Kim et al. in view of Yilmaz et al. (US 2021/0177056 A1) is maintained as set forth below.
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 1 is rejected under 35 U.S.C. § 103 as being unpatentable over Kim et al. (US 2020/0288778 A1) in view of Yilmaz (US 2021/0177056 A1).
Regarding claim 1, Kim teaches an aerosol-generating device (aerosol generating device 10000 including vaporizer 14000) (¶ [0036]), comprising:
an upper housing (liquid storage 14100) (¶ [0078]), comprising a first outer wall (outer wall of liquid storage 14100) (¶ [0078]), elongated to provide an inner space (liquid storage space for storing liquid composition) (¶ [0078]), and a first inner wall (inner wall of liquid storage 14100 defining a receiving/coupling region for aerosol generator 14200) (¶ [0079]), elongated in the inner space to define an insertion space (space in which aerosol generator 14200 is coupled to one end of liquid storage 14100) (¶ [0079]);
a lower housing (aerosol generator 14200) (¶ [0079]), comprising a second outer wall (outer wall of aerosol generator 14200) (¶ [0079]), coupled to the first outer wall of the upper housing (aerosol generator 14200 coupled to one end of liquid storage 14100) (¶ [0079]), and a second inner wall (inner wall of aerosol generator 14200 at the wick/liquid supply interface) (¶ [0079]), coupled to the first inner wall of the upper housing (aerosol generator 14200 coupled with liquid storage 14100 such that liquid composition is supplied to wick 14210) (¶ [0080]);
a container (liquid storage 14100 together with the coupled portion of aerosol generator 14200) (¶ [0078]), formed by the first outer wall of the upper housing (outer wall of liquid storage 14100) (¶ [0078]), the first inner wall of the upper housing (inner wall of liquid storage 14100 defining the receiving/coupling region) (¶ [0079]), the second outer wall of the lower housing (outer wall of aerosol generator 14200) (¶ [0079]), and the second inner wall of the lower housing (inner wall of aerosol generator 14200 at the wick/liquid supply interface) (¶ [0079]), wherein the container is configured to store a liquid (liquid storage 14100 stores a liquid composition) (¶ [0078]);
a wick (wick 14210) (¶ [0079]), located at the lower housing (wick 14210 provided in aerosol generator 14200) (¶ [0079]), wherein the wick comprises a portion connected to an inside of the container (wick 14210 absorbing liquid composition from liquid storage 14100) (¶ [0080]); and
a heater (liquid heater 14220) (¶ [0079]), disposed near the wick (liquid heater 14220 provided with wick 14210 in aerosol generator 14200) (¶ [0079]), for heating the wick (liquid heater 14220 heats wick 14210 to generate aerosol) (¶ [0080]).
Kim does not expressly teach a first gasket interposed between the first inner wall of the upper housing and the second inner wall of the lower housing and a second gasket interposed between the first outer wall of the upper housing and the second outer wall of the lower housing.
Yilmaz is in the same field of endeavor because Yilmaz is directed to an aerosol provision device for generating an inhalable medium (¶ [0002]). Yilmaz further teaches that the liquid cartridge 200 and material cartridge 400 are located in a side-by-side arrangement in the device (¶ [0064]).
Yilmaz teaches a first gasket (first seal 280) (¶ [0075]), interposed between the first inner wall of the upper housing and the second inner wall of the lower housing (first seal 280 extending around open section 290 of liquid cartridge 200 and abutting second seal 480 of material cartridge 400) (¶ [0075]).
Yilmaz teaches a second gasket (second seal 480) (¶ [0075]), interposed between the first outer wall of the upper housing and the second outer wall of the lower housing (second seal 480 extending around porous section 490 of material cartridge 400 and abutting first seal 280 to form a sealed passageway between liquid cartridge 200 and material cartridge 400) (¶ [0075]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kim’s coupled liquid storage 14100/aerosol generator 14200 interface to include Yilmaz’s first seal 280 between the coupled inner wall portions and Yilmaz’s second seal 480 between the coupled outer wall portions, because Kim recognizes the need to prevent leakage from the aerosol generator into other components of the vaporizer (¶ [0095]). Yilmaz provides the predictable solution of using first seal 280 and second seal 480 to form a sealed passageway between coupled aerosol-device components (¶ [0075]). This modification would have predictably sealed Kim’s coupled liquid-storage/aerosol-generator interface while preserving Kim’s liquid storage, wick, and heater arrangement.
Allowable Subject Matter
Claims 2-13 are 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:
The prior art of record, including Kim et al. (US 2020/0288778 A1) and Yilmaz et al. (US 2021/0177056 A1), fails to teach or suggest the additional limitations recited in claims 2, 3, and 12, as explained below.
With respect to claim 2, Kim discloses a vaporizer housing enclosing a liquid storage (14100) and an aerosol generator (14200) within a housing (14000). However, Kim does not disclose a separate base having an outer side inserted into a gap between a first outer wall of an upper housing and a second outer wall of a lower housing, nor does Kim disclose the lower housing being accommodated within such a base. Kim’s housing structure is unitary or modular and does not include the claimed base-and-gap relationship.
Yilmaz similarly discloses cartridge assemblies and sealing interfaces, but does not disclose a base inserted into a gap between outer walls or a base accommodating the lower housing as recited. Accordingly, the prior art fails to teach or suggest the limitation of claim 2.
With respect to claim 3, Kim does not disclose a gasket positioned between inner walls of housing components, nor does Kim disclose a gasket having a compressed portion and an extension portion extending from the compressed portion.
Yilmaz discloses gaskets (280, 480) compressed between mating components; however, Yilmaz does not disclose or describe a gasket having a distinct compressed portion and a distinct extension portion extending therefrom, as expressly required by claim 3. Rather, the seals in Yilmaz are unitary sealing elements compressed between mating surfaces, without the claimed two-portion gasket geometry. Accordingly, the prior art fails to teach or suggest the limitation of claim 3.
With respect to claim 12, Kim discloses a wick (14210) positioned within an aerosol generator and adjacent housing structures, but does not disclose a notch formed in a second inner wall of a lower housing, nor does Kim disclose the wick being disposed inside such a notch.
Yilmaz is directed to sealing interfaces and similarly does not disclose or suggest a notch formed in an inner wall or a wick disposed within such a notch. The combination of Kim and Yilmaz therefore fails to teach or suggest the structural notch-and-wick relationship recited in claim 12.
Accordingly, claims 2, 3, and 12 are allowable over the prior art of record.
Further, claims 4–9 are allowable by virtue of their dependency on allowable claim 3, claim 10 is allowable by virtue of its dependency on allowable claim 2, and claim 13 is allowable by virtue of its dependency on allowable claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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