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 .
Election/Restrictions
Claims 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/26/2026.
Applicant’s election without traverse of group I, claims 1-14 in the reply filed on 5/26/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (CN113068866).
Regarding claim 1, Li discloses an aerosol generating device, comprising:
a first housing (6, fig. 17 and page 18); and
a second housing (14, fig. 17) positioned in the first housing and configured to accommodate an aerosol generating article, wherein the second housing comprises:
a first layer comprising a first rim and a plurality of first airflow paths formed in the first rim, the first rim having a first perimeter and a first width (by reference signs 142, 143, b of figs. 12-13); and a second layer comprising a second rim connected to the first rim and a second airflow path formed in the second rim, the second airflow path being in fluid connection with the plurality of first airflow paths, the second rim having a second perimeter and a second width (by reference signs 142, 143 and a by reference sign b, figs. 12).
Regarding claim 2, Li discloses the plurality of first airflow paths are formed to be recessed by the first width of the first rim (by reference signs 142, 143, figs. 12-14).
Regarding claim 3, Li discloses the plurality of first airflow paths are arranged at substantially equal intervals along the first perimeter of the first rim (by reference sign 143, fig. 12).
Regarding claim 4, Li discloses the second airflow path is a single airflow path (a, fig. 13).
Regarding claim 13, Li discloses wherein the second housing further comprises an article insertion portion and a plurality of insertion portion airflow paths, the article insertion portion comprises a plurality of fixing portions connected to the first rim, the plurality of fixing portions being configured to fix the aerosol generating article, and the plurality of insertion portion airflow paths are in fluid connection with the plurality of first airflow paths and formed between the plurality of fixing portions (see figs. 12 and 14).
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.
Claim(s) 5-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN113068866).
Regarding claim 5, Li discloses the second layer further comprises heating body (11, figs. 3-4), the heating body being positioned in the second rim, configured to form the second airflow path with the second rim, and configured to accommodate at least a portion of the aerosol generating article (2, fig. 14). It would have been obvious to one of ordinary skill in the art at the time the invention was made to use susceptor as a heating body to heat the aerosol generating article.
Regarding claim 6, Li discloses the second housing further comprises a third layer, the third layer comprising a third rim (the bottom rim near reference sign 14, fig. 12) connected to the second rim and a third airflow path formed in the third rim, the third rim and having a third perimeter and a third width, the third airflow path being in fluid connection with the second airflow path. Although Li does not expressly discloses the third airflow paths, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make multiple third airflow paths as a design choice.
Regarding claim 7, as explained above, it would have been a design choice to make the plurality of third airflow paths are formed to be recessed by the third width of the third rim.
Regarding claim 8, as explained above, it would have been a design choice to make the plurality of third airflow paths are arranged at substantially equal intervals along the third perimeter of the third rim (similar to the design of the first airflow paths see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Regarding claim 9, it would have been obvious to duplicate the third layer as that of the first layer with multiple airflow paths (see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Therefore, it would have been obvious to make the third layer further comprises a plurality of recesses positioned between a pair of adjacent third airflow paths and respectively formed in a thickness direction of the third rim, the thickness direction intersecting a direction of the third perimeter and a direction of the third width.
Regarding claim 10, Li discloses the second layer further comprises a first bottom portion, the first bottom portion being connected to the second rim and configured to support the third rim (the connection to the third rim (above reference sign 14, fig. 12)).
Regarding claim 11, it would have been obvious to duplicate the third layer as that of the first layer with multiple airflow paths (see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was mad to make the first bottom portion comprises a plurality of first airflow holes in fluid connection with the plurality of third airflow paths.
Regarding claim 12, Li discloses the second layer further comprises: a wall portion connected to the first bottom portion; and a second bottom portion connected to the wall portion and configured to guide an airflow to the aerosol generating article (see figs. 12-14). It would have been obvious to modify the second flow path with a plurality of second airflow holes as duplication of parts (see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Regarding claim 14, Li discloses that the first housing only have air introduced into the second housing only through the plurality of insertion portion airflow paths (as seen in fig. 3). Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the first housing to be configured to be hermetic such that that air is introduced into the second housing only through the plurality of insertion portion airflow paths.
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 contains the phrase: “thickness direction”; it’s not clear how a thickness have a direction. Appropriate correction is required.
Conclusion
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/PHU H NGUYEN/ Examiner, Art Unit 1747
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