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 .
Status of the Claims
Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 4/09/2026 is acknowledged.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/09/2026.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US2020/0367568) in view of Ferreira (US2020/0189383).
Regarding claim 1, Lim teaches:
An aerosol generating device (100, figure 10, [0111]) comprising:
A housing (outer housing of upper device portion 10 and lower device portion 20) comprising an accommodation space (area of upper device portion 10 that accommodates cartomizer 110, [0112], figure 10).
A cartridge detachably coupled to the accommodation space of the housing (cartomizer 110, [0112], figure 10), and comprising a storage configured to store an aerosol generating material ([0007]: cartomizer including a cartridge configured to store an aerosol generating material).
An atomizer configured to vaporize the aerosol generating material ([0007]: atomizer).
A sensor arranged adjacent to the accommodation space of the housing and configured to detect capacitance of the storage (electrodes 120 which are used to detect (i.e. sense) the capacitance of the pair of electrodes 123 on the cartridge, [0060]-[0061]).
and a processor electrically connected to the sensor (sensor 130), and configured to detect a remaining amount of the aerosol generating material in the storage, based on the capacitance of the storage detected by the sensor (sensor 130 that measures the capacitance of the electrodes to detect the remaining amount of aerosol generating material [0045]).
Lim does not appear to disclose a cover arranged between the cartridge and the sensor and configured to protect the sensor.
Ferreira, directed to a fuel tank with integrated level sensors, teaches:
Capacitive sensors which are electrodes ([0039]). As both Lim and Ferreira are directed to electrodes that are capacitive sensors, Ferreria is considered to be analogous art.
Encapsulating the sensor with a PET sheet, which protects the sensor ([0040]). The PET sheet defines a cover configured to protect the sensor.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the electrodes of Lim to be encapsulated with a PET sheet as taught by Ferreira, because both Lim and Ferreria are directed to electrode capacitive sensors, Ferreria teaches encapsulating the sensor with a PET sheet protects the sensor, and this merely involves incorporating a known electrode capacitive sensor element (i.e. PET sheet) to a similar electrode capacitive sensor to yield predictable results.
Modified Lim having the electrodes 120 encapsulated with a PET sheet defines a cover arranged between the cartridge and the sensor and configured to protect the sensor.
Regarding claim 2, modified Lim teaches wherein a first side surface of the cover is arranged to face the sensor (side of the PET sheet that contacts the sensor), and a second side surface of the cover, which is opposite to the first side surface, is arranged to face the accommodation space (outer side of the PET sheet that contacts the cartridge).
Regarding claim 3, modified Lim teaches wherein, when the cartridge is accommodated in the accommodation space, the second side surface of the cover contacts a portion of the cartridge (as the electrodes 120 contacts one side of the cartridge 111 ([0041]), which are encapsulated with the PET sheet of Ferreira).
Regarding claim 4, modified Lim teaches wherein the second side surface of the cover has a shape corresponding to the portion of the cartridge (as the electrodes are located to contact one of the surfaces forming the internal space of the cartridge [0041], the electrodes therefore have a shape corresponding to the portion of the cartridge, and thus so would the second side surface of the cover).
Regarding claim 5, Lim further teaches wherein the sensor is apart from the accommodation space by a predetermined distance (as the electrodes 120 are spaced at intervals on the side of the housing as shown in figure 5).
Regarding claim 6, modified Lim further teaches wherein the cover is arranged to cover a portion of the sensor, the portion facing the accommodation space (as modified Lim has the electrodes 120 are encapsulated with a PET sheet, and the electrodes face the accommodating space as shown in figure 5).
Regarding claim 7, modified Lim does not appear to disclose herein the sensor is integrally formed with the cover through insert molding.
However, the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP § 2113.
Therefore, as the electrodes 120 of modified Lim are encapsulated with a PET sheet, the sensor is therefore integrally formed with the cover, and is the same as or obvious from electrodes integrally formed with the PET sheet through insert molding.
Regarding claim 8, modified Lim further teaches wherein the cover comprises a plastic material (PET is Polyethylene Terephthalate [0052]).
Lim is silent to the material of the electrodes.
However, Ferreria further teaches electrodes are of conductive material such as silver [0039]. Therefore it would be obvious for one having ordinary skill in the art to make the electrodes of Lim be silver, as this merely involves the selection of a known material based on its suitability for its intended use and is therefore prima facie obvious.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US2020/0367568) in view of Ferreira (US2020/0189383) as applied to claim 6 above, and further in view of Atkins (US2019/0373953).
Regarding claim 9, Lim further teaches that the cartomizer may be coupled to the aerosol generating device and may be detached from the aerosol generating device ([0039]).
Lim does not appear to teach a coupling member configured to fix the cartridge to the housing, wherein the cover further comprises a hole through which the coupling member passes.
Atkins, directed to cartridges for vaporizer devices, teaches:
A set of coupling elements 1438a, 1438b that can be used to selectively couple the cartridge 1400 to a vaporizer body ([0181]). The coupling element defines a coupling member configured to fix the cartridge to the housing.
The set of coupling elements 1438a, 1438b can have any other suitable configurations that can be used to selectively couple to corresponding features (e.g., channels, troughs, holes, hooks, grooves, detents, etc.) in the vaporizer body ([0181]). One of the coupling elements being a hole and the other being a corresponding feature defines a hole through which the coupling member passes.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Lim by incorporating a set of coupling elements such as a hole and corresponding feature to couple the cartomizer to the housing as taught by Atkins, because both Lim and Atkins are directed to aerosol generating devices with cartridges that couple to the housing, and this merely involves incorporating a known type of couple element to a similar cartridge that couples to a housing to yield predictable results.
Lim in view of Atkins does not appear to disclose whether the hole is on the cartridge and the corresponding feature on the housing, or the hole is on the housing and the correspond feature is on the cartridge. However, it would be obvious for one having ordinary skill in the art to try putting the hole on the housing and the corresponding feature on the cartridge, and thus the cover would comprise a hole through which the coupling member passes, as this merely involves choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US2020/0367568) in view of Ferreira (US2020/0189383) as applied to claim 1 above, and further in view of Hermiz (US2022/0053829).
Regarding claim 10, Lim teaches a battery arranged inside the housing (battery 140, [0094]).
Lim further teaches the lower device portion 20 may further include other electronic components in addition to the sensor ([0089]). However, Lim does not appear to disclose a printed circuit board arranged inside the housing, wherein the processor is arranged on the printed circuit board.
Hermiz, directed to an electronic smoking device, teaches:
A main printed circuit board assembly comprising a printed circuit board, and a controller disposed on the printed circuit board (claim 8).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the device of Lim to have a main printed circuit board assembly comprising a printed circuit board, and the controller disposed on the printed circuit board as taught by Hermiz, because both Lim and Hermiz are directed to aerosol generating devices with controllers, and this merely involves incorporating a known way to configure a processor within a housing of an aerosol generating device to yield predictable results.
Regarding claim 11, modified Lim further teaches an electrical connection member electrically connecting the sensor and the printed circuit board, wherein the processor is electrically connected to the sensor through the electrical connection member (a current transmission line that connects the electrode 120 and sensor 130, [0085]).
Regarding claim 12, modified Lim further teaches wherein the sensor further comprises a structure protruding in a direction opposite to the accommodation space, a portion of the structure contacts the sensor, and another portion of the structure contacts the electrical connection member (as the sensor 130 may be connected to the pair of electrodes 120 through a current transmission line and a current reception line [0085], the portion of the electrode that connects with the current transmission line defines the structure).
Regarding claim 13, modified Lim further teaches wherein the processor is further configured to, when the remaining amount of aerosol generating material in the storage is greater than or equal to a predetermined reference amount, supply power to the atomizer through the battery (when the remaining amount of the aerosol generating material is insufficient, the provision of the aerosol may be stopped [0034] and the controller controls the power supplied on the basis of the remaining amount of level [0103]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicole A Szumigalski whose telephone number is (703)756-1212. The examiner can normally be reached Monday - Friday: 8:00 - 4:30 EST.
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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