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 1-8 are currently pending and are subject to this office action. Claims 1 and 7 are amended. This office action is in response to Applicant’s amendment filed on 07/31/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 07/31/2026 containing amendments and remarks to the specification and claims.
In response to Applicant’s amendments filed 07/31/2026, the Examiner withdraws the objection to the drawings for including a reference character not mentioned in the description.
In response to Applicant’s amendments filed 07/31/2026, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 07/31/2026, the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 7 for lack of antecedent basis
Response to Arguments
Applicant’s arguments, on pages 8-13, filed 07/31/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the separation guide hole is configured to receive separation tool, and wherein, when the separation tool is inserted into the separation guide hole, the separation tool separates the separation member form the main body according to a principle of a lever”. The Applicant argues that that air inlet of Xu only functions as an air passage and that the holes of Xu and Luo extend in the same direction. Further, the tool insertion hole of Luo differs from the hole of the claimed invention, and Luo is non-analogous art.
The Examiner respectfully disagrees. Xu teaches wherein the USB charging port (250) is arranged in the air inlet (241) and electrically connected to the battery (220, [0048]). Thus, Xu does not merely disclose two unrelated openings positioned adjacent one another. The accommodation cavity associated with the USB charging port (250) is formed within and communicates with the air inlet structure. Xu further explains that the air inlet permits outside air to enter the device [0048]. Although Xu itself does not disclose the use of the air inlet for receiving a separation tool, the rejection does not rely on Xu alone for that feature and does not stop the air inlet from being used to perform the additional function.
Luo demonstrates where an existing opening in a detachable housing may be configured to receive a tool for disassembly. Specifically, Luo teaches inserting a flat blade screwdriver into a mounting hole of a tail cover and prying the tail cover such that the coupled structure disengages and the tail cover may be removed [0025]. One of ordinary skill in the art would understand that Luo teaches the lever principle as claimed, because the screwdriver bears against an edge or contact point of the device and is pivoted to convert force applied at the handle into a separating force at the tip. The proposed combination modifies the opening arrangement of Xu in view of Luo such that the air inlet is configured to receive a separation tool to pry the device open. After the proposed modification, the opening of Xu performs both its disclosed airflow function and the additional tool separation taught by Luo.
In regards to the extending of directions, Xu discloses air inlet (241) communicating inwardly with the accommodating cavity (230) and ultimately with an air inlet (130) of the atomizer (100), defining an airflow passage extending from the exterior of the housing into the interior of the device [0048]. Xu also discloses the USB charging port (250) arranged in the air inlet (241) and positioned to receive an external charging connector from the exterior of the device [0048]. As shown in Figure 12, the charging port is accessed from the end face of the housing, while the air inlet (241) communicates inwardly through the housing towards the accommodating cavity (230). Thus, the accommodation opening associated with the USB charging interface and the air inlet opening extend along different directions. Luo is relied upon for teaching the tool receiving separation function, not for independently teaching the claimed directional relationship. Even if Luo's mounting hole extends generally inward from the exterior surface, the claimed different direction relationship is taught by Xu.
Further, a reference is analogous art if it is from the same field of endeavor of the claimed invention or if it is reasonably pertinent to the particular problem faced by the inventor, even if it is not from the same field of endeavor. A reference outside the field of endeavor is reasonably pertinent when one of ordinary skill in the art would have consulted it and applied its teaching when faced with the inventor's problem (MPEP 2141.01(a)). In this case, Luo is reasonably pertinent to the problem addressed by the claimed separation structure. Luo explains that existing chargers may be difficult to disassemble, identifies improving ease of disassembly as an objective, and teaches inserting a flat-blade screwdriver into a mounting hole and prying a detachable cover from the housing [0025]. Xu discloses detachably connected components, such as the atomizer (100) and power supply (200, [0019, 0037]) and explains that its structure is intended to avoid inconvenient disassembly of the atomizer [0038]. Thus, the mechanical problems disclosed by Luo is reasonably pertinent to the problem disclosed by Xu.
The following are modified rejections based on Applicant’s amendments to the claims.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (WO 2021121242 A1, as cited in IDS dated 01/06/2025 and hereinafter citations referring to English Machine Translation), and further in view of Luo (CN 214506617 U, as cited in IDS dated 01/06/2025 and hereinafter citations referring to English Machine Translation).
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With regard to Claim 1, Xu, directed to an electronic atomization device, teaches (i) a device (Fig. 1: #10) comprising an atomizer (Fig. 12: #100), meeting the claim limitation of a main body. (ii) A power supply (Fig. 1: #200) is removably coupled to the atomizer (Fig. 12: #100), [0037]). (iii) A USB charging port (Fig. 12: #250) is formed in the bottom of the housing assembly (Fig. 12: #240) and is configured to accommodate an external charging device [0048].
(iv) Xu further includes an air inlet (Fig. 12: #241) located with the USB charging port (Fig. 12: #250), wherein the USB charging port (Fig. 12: #250) is arranged in the inlet and electrically connected to the battery [0048]. One of ordinary skill in the art would understand that the air inlet communicates with the internal air inlet (Fig. 1: #130, [0048]), positioned to draw air inward and upward into the device. The USB charging port (Fig. 12: #250) is positioned at the end of the housing to receive an external charging connector. As shown in Figure 12, the charging port (Fig. 12: #250) is accessed from the end face of the housing, while the air inlet (Fig. 12: #241) communicates inwardly through the housing towards the accommodating cavity (230). Thus, the accommodation opening associated with the USB charging interface and the air inlet opening extend along different directions. Xu teaches all the limitations of the claims as set forth above, however Xu is silent to:
Wherein the separation guide hole is configured to receive a separation tool
Wherein, when the separation tool is inserted into the separation guide hole, the separation tool separates the separation member from the main body according to a principle of the lever
Luo, directed to a charger with display function, teaches wherein (i) a tool is inserted into a mounting hole formed in the housing to separate coupled components allowing for easier disassembly [0025]. (ii) Luo further teaches inserting a flat blade screwdriver into the mounting hole of a tail cover and prying the tail cover such that the coupled structure disengages and the tail cover may be removed [0025]. One of ordinary skill in the art would understand that the prying technique of Luo teaches the claimed lever principle, because the screwdriver bears against an edge or contact point of the device and is pivoted to convert force applied at the handle into a separating force at the tip.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the separation hole and accommodation hole of modified Xu to wherein the separation guide hole is configured to receive a separation tool and wherein, when the separation tool is inserted into the separation guide hole, the separation tool separates the separation member from the main body according to a principle of the lever because both Xu and Luo are directed to electronic devices with a goal of improving the ease of disassembly. Luo teaches a hole that provides access for tool insertion to allow separation between components to ease disassembly [0025] and this merely involves combining prior art elements according to known disassembly methods to yield predictable results.
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With regard to Claim 3, Xu teaches wherein the air inlet (Fig. 12: #241) is formed in a region in which the bottom of the power supply (Fig. 12: #200) meets a horizontal extension line of the charging port (Fig. 12: #250).
With regard to Claim 6, modified Xu teaches all the limitations of the claims as set forth above, however modified Xu is silent to:
Wherein an open end portion of the separation guide hole has a length of 0.3 to 3 mm in the direction in which the accommodation hole extends
Luo teaches wherein a flathead screwdriver can be inserted into a hole to remove a cover from the rest of the device [0025], showing that the size of the hole is selected to allow tool insertion. One of ordinary skill in the art would know that the flathead part of screwdrivers come in various lengths, including the length described in the claimed invention. Thus, the claimed range represents optimization of a length of the separation guide hole, which is a result-effective variable, and it would have been obvious for one of ordinary skill in the art to adjust such a length to promote easy disassembly [0025].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the separation guide hole of modified Xu to wherein an open end portion of the separation guide hole has a length of 0.3 to 3 mm in the direction in which the accommodation hole extends because both Xu and Luo are directed to electronic devices with a goal of improving the ease of disassembly. Luo teaches wherein a flathead screwdriver can be inserted into a hole to promote easy disassembly [0025] and this merely involves combining prior art elements according to known methods to yield predictable results.
With regard to Claim 8, Xu teaches wherein the USB charging port is configured to accommodate an external charging device through a power supply cable [0048]. One of ordinary skill in the art would understand that a power supply cable would include a terminal configured to interface with the USB charging port.
Claims 2, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (WO 2021121242 A1, as cited in IDS dated 01/06/2025) and Luo (CN 214506617 U, as cited in IDS dated 01/06/2025), as applied to claim 1 above, and further in view of Zhu (CN 211065063 U, as cited in IDS dated 05/01/2025 and hereinafter citations referring to English Machine Translation).
With regard to Claim 2, modified Xu teaches all the limitations of the claims as set forth above, however modified Xu is silent to:
Wherein the separation guide hole extends in a direction crossing the direction in which the accommodation hole extends
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Zhu, directed to an electric heating baking device, teaches a secondary hole (Fig. 18: #614) extending radially from a primary through hole (Fig. 18: #613), forming a transverse passage relative to a primary axial passage [0109]. One of ordinary skill in the art would have found it obvious to modify the separation guide hole of modified Xu with this configuration to improve assembly stability and integrity of assembly [0049].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the separation guide hole of modified Xu to extend in a direction crossing the direction in which the accommodation hole extends because both Xu and Zhu are directed to easing assembly of components in aerosol generating devices. Zhu teaches a secondary hole that extends radially from a passage to improve assembly stability and integrity of assembly [0049] and this merely involves combining prior art elements according to known structural methods to yield predictable results.
With regard to Claim 4, modified Xu teaches all the limitations of the claims as set forth above, however modified Xu is silent to:
Wherein the separation member comprises: a coupling portion coupled to the main body
A barrier located between the separation guide hole and the coupling portion
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Zhu teaches (i) wherein the base assembly (Fig. 16: #60) comprises an ear (Fig. 16: #603) that attaches to a bracket assembly of the device [0055]. (ii) A base (Fig. 14: #51) at the top end comprises a limiting strip (Fig. 14: #532) between a sliding groove (Fig. 14: #531) and a border of the base (Fig. 14: #51). One of ordinary skill in the art would find it obvious to combine the limiting strip (Fig. 14: #532) and the ear (Fig. 16: #603) as they are both applied to securing removable base features of the device. The components can be applied to modified Zhu to ease the separation of the separation member from the main body to create a more stable connection [0095] and improve ease of assembly or disassembly [0055].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the separation member of modified Xu to comprise a coupling portion coupled to the main body and a barrier located between the separation guide hole and the coupling portion because both Xu and Zhu are directed to easing assembly of components in aerosol generating devices. Zhu teaches an ear and limiting strip to create a more stable connection [0095] and improve ease of assembly or disassembly [0055] and this merely involves combining prior art elements according to known attachment methods to yield predictable results.
With regard to Claim 5, modified Xu teaches all the limitations of the claims as set forth above, however modified Xu is silent to:
Wherein each of a first distance from the separation guide hole to the barrier and a second distance from the separation guide hole to the coupling portion has a length ratio of 1:3 to 1:15
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Zhu discloses the relative arrangement of the sliding groove (Fig. 14: #531), barrier (Fig. 14: #532), and ear (Fig. 16: #603). The claimed ratios represents optimization of the spacing between the components, which is a result-effective variable, and it would have been obvious for one of ordinary skill in the art to adjust the spacing through routine experimentation to align with Xu's goal of improving stability and reliability of connection between parts ([0048], MPEP 2144.II).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the separation guide hole of modified Xu to each of a first distance from the separation guide hole to the barrier and a second distance from the separation guide hole to the coupling portion has a length ratio of 1:3 to 1:15 because both Xu and Zhu are directed to easing assembly of components in aerosol generating devices. Zhu teaches an ear, sliding groove, and limiting strip to create a more stable connection [0095] and improve ease of assembly or disassembly [0055] and this merely involves combining prior art elements according to known methods to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (WO 2021121242 A1, as cited in IDS dated 01/06/2025) and Luo (CN 214506617 U, as cited in IDS dated 01/06/2025), as applied to claim 1 above, and further in view of Liu (US 20160000148 A1).
With regard to Claim 7, modified Xu teaches all the limitations of the claims as set forth above, however modified Xu is silent to:
A protective member located inside the accommodation hole and surrounding at least a portion of a side surface of the accommodation hole
Wherein the protective member blocks a portion of an open end portion of the separation guide hole
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Liu, directed to a heat-not-burn aerosol generating device, teaches (i) a charging assembly (Fig. 3: #4) configured to receive a charger [0045], relating to the accommodation hole of the claimed invention. The charging assembly (Fig. 3: 34) comprises an obstruction section (Fig. 3: #432) formed on an outer electrode (Fig. 3: #43) within an inner surface of the charging assembly (Fig. 3: #4). (ii) The obstruction section (Fig. 3: #432) is configured to block inward movement and intrusion of components [0046]. One of ordinary skill in the art would have found it obvious to configure the obstruction section of Liu with the accommodation hole and separation guide hole of modified Xu to improve charging reliability and protect internal structures accessible through the opening [0051].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the accommodation hole of modified Xu to comprise a protective member located inside the accommodation hole and surrounding at least a portion of a side surface of the accommodation hole and where the protective member blocks a portion of the open end portion of the separation guide hole because both Xu and Liu are directed to simplifying device structure and improving connection in aerosol generating devices.
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 OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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