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 .
Election/Restrictions
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/13/2026.
Applicant’s election without traverse of claims 1-10 in the reply filed on 04/13/2026 is acknowledged.
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)(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, 3-4, 6, 8 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lai et al. (US20230200452).
Regarding claim 1, Lai teaches: an aerosol generating device (¶ [0003]), comprising:
a housing comprising a hollow portion configured to receive an aerosol generating article and a body portion defining the hollow portion
Lai teaches a reusable part forming a housing configured to receive a replaceable cartridge containing aerosol generating material (¶ [0023])
wherein the body portion comprises a cavity having a first cavity surface facing the hollow portion
Lai teaches a sensor chamber (32) having a chamber wall (34A) that interfaces with airflow path (51) (¶ [0042])
a second cavity surface opposite to the first cavity surface
Lai teaches the sensor chamber (32) includes a chamber wall (34D) opposite the chamber wall (34A) (¶ [0043])
and a third cavity surface between the first cavity surface and the second cavity surface
Lai teaches the sensor chamber (32) further defined by chamber walls (34B, 34C) extending between the chamber walls (34A) and (34D) (¶ [0042])
a membrane sealing the first cavity surface
Lai teaches a membrane (33) attached to chamber wall (34A) and covering opening (36), thereby sealing the sensor chamber (32) from the airflow path (¶ [0044])
and a pressure sensor sealing the second cavity surface
Lai teaches an airflow sensor (30) mounted to a PCB forming chamber wall (34D), wherein the PCB and attached sensor close the sensor chamber (32) at the chamber wall (34D) (¶ [0043])
and configured to detect a pressure in the cavity
Lai teaches the airflow sensor (30) detects pressure changes within the sensor chamber (32) (¶ [0040]).
Regarding claim 3, Lai teaches:
wherein the membrane is disposed between the first cavity surface and the second cavity surface
Lai teaches a sensor chamber (32) defined by chamber walls including a first cavity surface (34A) and a second cavity surface (34D) (¶ [0042]).Lai further teaches a membrane (33) attached to the chamber wall (34A) and covering an opening (36) that communicates between the airflow path (51) and the sensor chamber (32) (¶ [0044]).
Lai further teaches a pressure sensor (30) disposed at the chamber wall (34D) opposite the chamber wall (34A) (¶ [0043]).Accordingly, the membrane (33), positioned at the opening (36) of the chamber (32), is disposed within the cavity region between the first cavity surface (34A) and the second cavity surface (34D).
Regarding claim 4, Lai teaches:
wherein the membrane comprises an elastic material
Lai teaches that the membrane (33) is formed of a resilient material and deforms under pressure changes (¶ [0045]).
A resilient material is an elastic material, as it returns to its original shape after deformation, and therefore corresponds to the claimed elastic material.
Regarding claim 6, Lai teaches:
a cavity defined by one or more chamber walls (34A–34D), wherein the chamber walls define a sensor chamber (32) corresponding to the claimed cavity (¶¶ [0042]–[0043]); and
a pressure sensor provided in the second cavity surface, as Lai teaches an airflow sensor (30), which is a pressure sensor, mounted on a printed circuit board (PCB 31) that forms part of a chamber wall (e.g., chamber wall 34D) defining the sensor chamber (32) (¶ [0043]).
Thus, the airflow sensor (30) is structurally provided in a surface defining the cavity (i.e., one of the chamber walls), which corresponds to the claimed “second cavity surface.”
Regarding claim 8:
wherein the body portion comprises a side portion and a bottom portion, and the cavity is disposed in the bottom portion
Lai teaches that the reusable part (housing) 200 includes structural walls forming side portions (e.g., chamber walls 34B, 34C) and a bottom portion (e.g., chamber wall 34D), wherein the sensor chamber (cavity) 32 is defined within these walls and positioned at the lower region of the housing, i.e., disposed in the bottom portion (¶¶ [0042], [0043]; Fig. 2).
Regarding claim 10, Lai teaches:
wherein a cross-sectional area of the cavity is substantially equal to or less than a cross-sectional area of the hollow portion
Lai teaches that the sensor chamber 32 has a defined size and cross-sectional geometry relative to the airflow path 51 and opening 36, wherein the chamber 32 is dimensioned to receive airflow from the airflow path 51 and is generally no larger than the surrounding airflow passage such that airflow can be communicated into and through the chamber (¶¶ [0042], [0047]–[0050]). As shown in Figures 1–2, the cross-sectional area of the sensor chamber 32 is substantially equal to or less than the cross-sectional area of the airflow path/hollow portion 51 through which air flows.
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(s) 2, 5, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lai et al. (US20230200452).
Regarding claim 2, Lai teaches:
wherein the membrane is configured to deform
Lai teaches a membrane (33) formed of a resilient material that deforms under pressure changes in the airflow path (¶ [0045])
to be toward the first cavity surface
Lai teaches that when a pressure drop occurs, the portion of the membrane over the opening (36) is deflected upward toward the chamber wall (34A) (¶ [0045])
Lai does not expressly teach that the membrane deforms to be convex toward the first cavity surface.
However, Lai teaches a flexible membrane spanning an opening and fixed at its perimeter, which deflects toward the chamber wall under a pressure differential (¶ [0045]) . Such a membrane, when subjected to a pressure differential, predictably deforms into a curved, bulging profile due to the mechanical response of the material and boundary constraints, with the curvature oriented in the direction of deflection.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to configure the membrane of Lai to deform into a convex shape toward the first cavity surface in order to provide consistent and efficient transmission of pressure changes from the airflow path to the pressure sensor, thereby improving the accuracy and responsiveness of pressure detection.
Regarding claim 5, Lai teaches a membrane (33) attached to chamber wall (34A) and covering opening (36), wherein the chamber wall (34A) forms part of the sensor chamber (32) (¶ [0044]). Lai also teaches that the membrane (33) may be located in a recess, wherein the opening (36) may be located in a recessed portion surrounding the opening, and the recessed portion is sized to receive the membrane (33) (¶ [0061]).
Lai does not expressly teach that the membrane is at least partially embedded in the body portion.
However, Lai’s recessed portion already positions the membrane within a defined receiving area of the chamber wall rather than merely on an unrestricted flat surface (¶ [0061]). Because Lai uses the membrane to separate the airflow path (51) from the sensor chamber (32) while transmitting pressure changes to the airflow sensor (30), controlled support and sealing at the membrane-to-wall interface are important to maintaining reliable pressure transfer (¶¶ [0044]–[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the membrane of Lai to be at least partially embedded in the body portion, by seating the membrane at least partially within the recessed portion of chamber wall (34A), in order to improve sealing integrity and provide controlled perimeter support for consistent membrane deformation during pressure sensing.
Regarding claim 7, Lai teaches:
a cavity defined by chamber walls (34A–34D), wherein the chamber walls define a sensor chamber (32) corresponding to the claimed cavity, including a first cavity surface (e.g., chamber wall 34A) and a third cavity surface (e.g., side walls 34B/34C) (¶ [0042]); and
junctions between the first cavity surface and the third cavity surface, as the chamber walls meet to define the geometry of the sensor chamber (32) (¶ [0042]).
Lai does not expressly teach that the cavity further comprises a chamfered surface between the first cavity surface and the third cavity surface.
However, Lai teaches that the chamber walls may comprise various geometries and configurations depending on implementation, including different shapes of the sensor chamber and wall arrangements (¶ [0063]). Because the chamber wall geometry is not limited and must accommodate manufacturing and structural considerations, modification of the intersection between adjoining cavity surfaces is within the ordinary skill in the art.
Providing a chamfered surface at the junction between the first cavity surface and the third cavity surface would have been a predictable modification to facilitate manufacturing (e.g., molding), reduce stress concentrations at sharp corners, and improve structural integrity at the interface adjacent the membrane-supported opening.
Therefore, it would been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the junction between the first cavity surface and the third cavity surface of Lai to include a chamfered surface for the above reasons.
Regarding claim 9, Lai teaches a bottom portion including the sensor chamber (32), chamber wall (34A), chamber walls (34B, 34C), and chamber wall (34D), wherein the sensor chamber is disposed in the lower portion of the housing/body structure (¶¶ [0042]–[0043]; Fig. 2).
Lai does not expressly teach that the bottom portion comprises a bottom surface and that the first cavity surface and the bottom surface are substantially on the same plane.
However, Lai teaches that the sensor chamber geometry is not limited to the illustrated cuboidal form and may comprise any geometry that fits within the housing (200) of the reusable part while enabling the membrane (33) to be attached to the chamber wall and communicate with the airflow path (¶ [0063]). Lai also teaches that the membrane may be attached to an outer surface or inner surface of a chamber wall, and that the chamber wall may be configured differently depending on the attachment orientation (¶ [0062]). Lai further teaches that the membrane/chamber-wall interface is selected to provide overlap, sealing, and pressure communication through opening (36) between the airflow path and sensor chamber (¶¶ [0049]–[0050]).
In view of Lai’s teaching that the chamber wall geometry and membrane attachment orientation may be varied to fit within the reusable-part housing and maintain pressure communication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the bottom portion such that the first cavity surface is substantially on the same plane as the bottom surface. Doing so would provide a lower-profile and more compact sensor-chamber arrangement within the housing while preserving the membrane’s sealing and pressure-transmitting function at the opening, and would simplify formation/alignment of the chamber wall and membrane-supporting surface during manufacture.
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.
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.
/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Prosecution Insights