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Claims 11-15 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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.
Drawings
Drawings submitted on November 2, 2023, are accepted.
Response to Arguments
Applicant’s arguments filed August 4, 2026 have been fully considered.
With respect to independent claim 1, Applicant amended the claim to further require that the membrane includes a first fixed portion fixed to a first portion of the bottom portion, a second fixed portion fixed to a second portion opposite to the first portion of the bottom portion, and a deformable portion disposed between the first fixed portion and the second fixed portion, wherein the first fixed portion and the second fixed portion include a non-elastic material, and the deformable portion includes an elastic material.
Applicant’s arguments are persuasive to the extent that Lai does not expressly disclose the newly added material configuration of the membrane. Although Lai teaches membrane 33 having opposite fixed peripheral portions and an intervening deformable portion, and further teaches resilient membrane materials such as rubber or silicone rubber, Lai does not expressly teach that the first and second fixed portions include a non-elastic material while the intervening deformable portion includes an elastic material. Accordingly, the prior rejection of claim 1 under 35 U.S.C. § 102 based on Lai is withdrawn.
However, the amendment does not render claim 1 patentable. Upon further consideration, a new ground of rejection is made under 35 U.S.C. § 103 over Lai in view of Ma as set forth in the rejection below.
With respect to claim 5, Applicant argues that Lai merely seats membrane 33 in a recess formed on the outer side of chamber wall 34A and therefore does not disclose the membrane being “at least partially embedded in the body portion.” This argument is not persuasive as to the obviousness rejection presently made. The Office agrees that Lai does not expressly disclose the claimed embedded configuration. However, Lai teaches membrane 33 received within and secured to an annular recessed portion of chamber wall 34A, and further teaches that the recess may have a depth equal to or greater than the thickness of membrane 33. Thus, Lai already provides a membrane/body arrangement in which the membrane is secured within a recess of the body portion.
It has been held that forming an integral structure from components previously disclosed as separate but rigidly secured may constitute an obvious engineering choice where no new or unexpected result is produced. MPEP § 2144.04(V)(B). Therefore, it would have been obvious to one of ordinary skill to make Lai’s recessed membrane 33 at least partially integral with chamber wall 34A by embedding a portion of the membrane within the body portion. Such a modification merely provides an integral form of Lai’s existing secured membrane/body relationship while retaining the same membrane position, sealing relationship, and pressure-responsive function.
Applicant’s assertion that the claimed embedded configuration provides more robust coupling or improved maintenance of sealing force does not overcome the rejection because those asserted advantages do not establish that the claimed structural modification would have been nonobvious, particularly where Lai already teaches the membrane secured within a recess and the claimed modification merely makes that secured relationship integral.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-7, and 9-10 are rejected under 35 U.S.C. § 103 as being unpatentable over Lai et al. (US 2023/0200452 A1) in view of machine translation of Ma (CN 110037358 A).
Regarding claim 1, Lai teaches an aerosol generating device (aerosol delivery system 1; Lai, ¶ [0021]), comprising:
a housing (housing 200; Lai, ¶ [0041]) comprising a hollow portion (reusable portion 2 configured to receive cartridge portion 4; Lai, ¶ [0023]) configured to receive an aerosol generating article (cartridge portion 4; Lai, ¶ [0023]) and a body portion (housing 200; Lai, ¶ [0041]) defining the hollow portion;
wherein the body portion comprises a cavity (sensor chamber 32; Lai, ¶ [0042]) having a first cavity surface (chamber wall 34A; Lai, ¶ [0042]) facing the hollow portion, a second cavity surface (chamber wall 34D; Lai, ¶ [0042]) opposite to the first cavity surface, and a third cavity surface (chamber wall 34B or chamber wall 34C; Lai, ¶ [0042]) between the first cavity surface and the second cavity surface;
a membrane (membrane 33; Lai, ¶ [0044]) sealing the first cavity surface (membrane 33 attached to chamber wall 34A over opening 36; Lai, ¶ [0044]); and
a pressure sensor (airflow sensor 30; Lai, ¶ [0039]) sealing the second cavity surface and configured to detect a pressure in the cavity (airflow sensor 30 configured to detect pressure changes in sensor chamber 32; Lai, ¶ [0039]);
wherein the body portion comprises a side portion (side portion of housing 200; Lai, Fig. 2) and a bottom portion (lower portion of housing 200 including chamber wall 34D; Lai, Fig. 2), and the cavity is disposed in the bottom portion (sensor chamber 32 disposed in the lower portion of housing 200; Lai, Fig. 2);
wherein the membrane includes a first fixed portion (first peripheral portion of membrane 33; Lai, ¶ [0044]) fixed to a first portion of the bottom portion (first portion of chamber wall 34A adjacent opening 36; Lai, ¶ [0044]), a second fixed portion (opposite peripheral portion of membrane 33; Lai, ¶ [0044]) fixed to a second portion opposite to the first portion of the bottom portion (opposite portion of chamber wall 34A adjacent opening 36; Lai, ¶ [0044]), and a deformable portion (intermediate portion of membrane 33 spanning opening 36; Lai, ¶ [0045]) disposed between the first fixed portion and the second fixed portion;
and wherein the deformable portion includes an elastic material (membrane 33 comprising a resilient material, including natural or synthetic rubber or silicone rubber; Lai, ¶ [0046]).
Lai does not expressly teach wherein the first fixed portion and the second fixed portion include a non-elastic material.
Ma, however, is directed to a pressure-responsive capacitive diaphragm for an electronic cigarette and teaches a composite diaphragm having rigid supporting portions and an intervening deformable portion. Ma teaches a first fixed portion including a non-elastic material in the form of a first portion of annular metal base ring 51, which forms part of capacitive diaphragm 5 and serves as a structural skeleton for supporting and fixing thin film 52 (Ma, ¶ [0048]); a second fixed portion including a non-elastic material in the form of an opposite portion of annular metal base ring 51 providing corresponding structural support on the opposite side of the diaphragm (Ma, ¶ [0048], Fig. 5); and a deformable portion disposed between the first fixed portion and the second fixed portion in the form of thin film 52 extending across the interior of annular metal base ring 51 and configured for deformation and recovery (Ma, ¶ [0049], Fig. 5).
Ma further teaches that metal base ring 51 provides structural strength while thin film 52 provides deformation and recovery, such that the resulting diaphragm possesses both rigid and flexible characteristics (Ma, ¶ [0051]).
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 the fixed peripheral portions of Lai’s pressure-responsive membrane 33 to include the rigid metal supporting structure taught by Ma while retaining Lai’s resilient elastic material in the deformable portion disposed therebetween. Ma teaches that its metal base ring provides structural strength and supports and fixes the pressure-responsive film while allowing the film to deform and recover in response to pressure (Ma, ¶ [0051]). Such a modification would provide increased structural support at the fixed portions of Lai’s membrane while preserving the pressure-responsive deformation required for Lai’s puff-detection operation.
Regarding claim 2, Lai in view of Ma hereinafter modified Lai teaches the aerosol generating device of claim 1 as set forth above. Ma further teaches the membrane configured to deform to be convex toward the first cavity surface in the form of capacitive diaphragm 5 being capable of deforming in opposite directions in response to opposite pressure differentials, including deformation toward one side of the diaphragm (Ma, ¶ [0054], Figs. 6-7).
Because Ma’s diaphragm is expressly pressure-responsive in both directions, the diaphragm structure used to modify Lai’s membrane 33 would be capable of deforming convexly toward Lai’s first cavity surface, chamber wall 34A, when subjected to the corresponding pressure differential.
Regarding claim 3, modified Lai teaches the membrane (membrane 33; Lai, ¶ [0044]) disposed between the first cavity surface and the second cavity surface (membrane 33 positioned at chamber wall 34A with sensor chamber 32 extending toward opposing chamber wall 34D; Lai, ¶ [0042], Fig. 2).
Regarding claim 5, modified Lai teaches the membrane (membrane 33; Lai, ¶ [0044]) received within and secured to the body portion (annular recessed portion of chamber wall 34A configured to receive membrane 33; Lai, ¶ [0047]). Lai further teaches that the depth of the recess may be equal to or greater than the thickness of membrane 33 (Lai, ¶ [0047]), but does not expressly disclose the membrane being at least partially embedded in the body portion.
It has been held that forming an integral structure from components previously disclosed as separate but rigidly secured may constitute an obvious engineering choice where no new or unexpected result is produced. MPEP § 2144.04(V)(B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Lai’s recessed membrane 33 at least partially integral with chamber wall 34A by embedding a portion of membrane 33 within the body portion. Lai already teaches membrane 33 secured within a recess formed in chamber wall 34A (Lai, ¶ [0047]), such that embedding a portion of the membrane would merely provide an integral form of the existing secured relationship while maintaining the same membrane position and pressure-responsive function.
Regarding claim 6, modified Lai teaches the pressure sensor (airflow sensor 30; Lai, ¶ [0042]) provided in the second cavity surface (airflow sensor 30 mounted at chamber wall 34D/PCB forming the opposing surface of sensor chamber 32; Lai, ¶ [0042], Fig. 2).
Regarding claim 7, modified Lai teaches the cavity (sensor chamber 32; Lai, ¶ [0042]) having a first cavity surface (chamber wall 34A; Lai, ¶ [0042]) and a third cavity surface (chamber wall 34B or 34C extending from chamber wall 34A and defining a side of sensor chamber 32; Lai, ¶ [0042]). Lai further teaches that chamber wall 34A includes an opening (opening 36; Lai, ¶ [0044]) across which membrane 33 is secured and that chamber wall 34A may include an annular recessed portion (recess configured to receive membrane 33; Lai, ¶ [0047]), thereby recognizing that the geometry of the cavity-defining structure may be selectively shaped.
Lai does not expressly teach a chamfered surface between the first cavity surface and the third cavity surface.
It has been held that a change in shape may constitute an obvious modification where the particular shape has not been shown to be critical and the modification would have yielded predictable results. MPEP § 2144.04(IV)(B).
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 the corner formed between Lai’s chamber wall 34A and chamber wall 34B or 34C to include a chamfered surface. Lai already teaches intersecting cavity-defining surfaces and further teaches selectively shaping chamber wall 34A by forming a recess therein for receiving membrane 33 (Lai, ¶ [0047]). Providing a chamfer at the intersection of the first and third cavity surfaces would merely replace the sharp corner with a beveled transition while maintaining the same sensor chamber, membrane arrangement, and pressure-sensing function.
Regarding claim 9, modified Lai teaches a bottom portion (lower portion of housing 200 containing sensor chamber 32 and chamber walls 34A-34D; Lai, ¶¶ [0042]-[0043], Fig. 2) comprising a bottom surface (surface of the housing/body portion adjacent the sensor-chamber structure; Lai, Fig. 2) and a first cavity surface (chamber wall 34A; Lai, ¶ [0042]).
Lai does not expressly teach the first cavity surface and the bottom surface being substantially on the same plane. However, Lai expressly teaches that sensor chamber 32 is not limited to the illustrated cuboidal configuration and may comprise any geometry that fits within housing 200 while allowing membrane 33 to communicate with airflow path 51 (Lai, ¶ [0063]). Lai further teaches that membrane 33 may be attached to different chamber-wall surfaces depending on the attachment orientation (Lai, ¶ [0062]) and that the membrane/chamber-wall arrangement may vary in shape and size while maintaining the required overlap and pressure communication through opening 36 (Lai, ¶ [0050]).
It has been held that changes in the relative size, proportion, or configuration of known elements may constitute obvious modifications where the particular relationship has not been shown to be critical and the modification would have yielded predictable results. MPEP § 2144.04(IV).
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 Lai’s bottom portion such that the first cavity surface is substantially coplanar with the bottom surface. Lai expressly permits variation of the sensor-chamber geometry and membrane attachment orientation while preserving the required fit within housing 200 and pressure communication between airflow path 51 and sensor chamber 32. Making the identified surfaces substantially coplanar would therefore constitute a predictable variation in the relative configuration of Lai’s existing housing and chamber surfaces without changing the sealing or pressure-sensing operation of the device.
Regarding claim 10, modified Lai teaches a cross-sectional area of the cavity (cross-sectional area of sensor chamber 32; Lai, Fig. 2) substantially equal to or less than a cross-sectional area of the hollow portion (sensor chamber 32 having a cross-sectional area smaller than the cartridge-receiving hollow region of reusable portion 2; Lai, Figs. 1-2).
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 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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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.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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