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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US 2021/0112880 A1).
Regarding claim 1, Anderson teaches an aerosol-generating device (Fig. 1B) comprising a housing (Fig. 2A, Ref. Num. 102). The housing comprises an insertion space (Fig. 2A, Opening on top) in communication with an exterior of the housing, an elongated probe (Fig. 2A, Ref. Num. 62) coupled to the housing and comprising a first end (End of Probe before foldback, end that sticks out most) where the elongated probe is movable from the insertion space to an interior of the housing (Fig. 2B, Ref. Num. 132). Anderson also teaches a pressure sensor (Fig. 2B, Ref. Num. 129) coupled to the housing and located adjacent to the first end of the elongated probe.
Regarding claim 2, Anderson teaches that the aerosol-generating device comprises a support (Fig.2B, Ref. Num. 101) protruding toward the elongated probe, wherein the support is located adjacent to a side surface of the elongated probe.
Regarding claim 3, Anderson teaches that the elongated probe comprises a rib (Fig. 2B, Bent back part at end of probe) protruding from the side surface of the elongated probe where the support and the rib are aligned in a longitudinal direction with respect to the elongated probe.
Regarding claim 4, Anderson teaches that the rib Fig. 2B, Bent back part at end of probe) is located between the support (Fig.2B, Ref. Num. 101) and the pressure sensor (Fig. 2B, Ref. Num. 129), and when the elongated probe moves to the insertion space, the rib is caught by the support.
Regarding claim 5, Anderson teaches that when the elongated probe (Fig. 2A, Ref. Num. 62) moves from the insertion space to the interior of the housing (Fig. 2B, Ref. Num. 132), the pressure sensor (Fig. 2B, Ref. Num. 129) is in contact with the first end of the elongated probe.
Regarding claim 6, Anderson teaches that the pressure sensor is in the shape of a circle (Fig. 2C, Ref. Num. 129), so the side surface facing the elongated probe is convex towards the probe.
Regarding claim 7, Anderson teaches that the aerosol-generating comprises a container located in the housing (Fig. 1, Ref. Num. 55; Para. [0197]), wherein the container is configured to store a liquid (Para. [0197]), a wick disposed at the insertion space (Para. [0197]), wherein the wick comprises a portion connected to the container (Para. [0187]), and a heater disposed near the wick (Fig. 1, Ref. Num. 26), wherein the heater is configured to apply heat to the wick (Para. [0187]).
Regarding claim 8, Anderson teaches that the housing further comprises a holder with a hole to receive the elongated probe (Fig. 2B, Ref. Num. 132).
Regarding claim 9, Anderson teaches that the wick (Fig. 1, inside the atomizer) is spaced apart from the hole in a radial direction of the hole (Fig. 1, underneath the receptacle contacts).
Regarding claim 10, Anderson teaches that the hole has a shape corresponding to a cross-section of the elongated probe (Fig. 2C, Ref. Num. 132).
Regarding claim 11, Anderson teaches that the insertion space (Fig. 2B, Ref. Num. 132) is elongated in a longitudinal direction of the elongated probe (Fig. 2A, Ref. Num. 62), and that the elongated probe comprises a second end (Fi g. 2A, end after the foldback portion) located opposite to the first end of the elongated probe and located at a center of a cross-section of the insertion space.
Regarding claim 12, Anderson teaches that the elongated probe comprises a first part (See Recreated Fig. 2B Below) elongated from the first end of the elongated probe, where the first part is movable through the hole, a second part (See Recreated Fig. 2B Below) elongated from the second end of the elongated probe, where the second part is movable in a longitudinal direction of the insertion space, and a third part (See Recreated Fig. 2B Below) connecting the first part and the second part and intersecting a longitudinal direction of the first part or the second part.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J WEILER whose telephone number is (571)272-2664. The examiner can normally be reached M-F 9:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.J.W./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749