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 1-9 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claims 8 is objected to because of the following informalities: Claim 8 currently reads “…the outer contact layer is made of flexible silicon.” According to the Specification [0033], “The outer contact layer 280 can be made of one or more plastics, rubbers, silicone, and/or any other suitable material…” Therefore, Claim 8 should likely be amended to read “…the outer contact layer is made of flexible silicone.” Appropriate correction is required. For purposes of examination, the claim will be interpreted as being directed to silicone.
Specification
The disclosure is objected to because of the following informalities: as discussed above regarding Claim 8, [0043] reads “…the outer contact layer is made of flexible silicon.” Thus, [0043] should be amended to read “…the outer contact layer is made of flexible silicone.”
Appropriate correction is required.
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.
Claims 1-3 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Shiraishi (US 20240245136 A1) in view of Spesak (US 20230346016 A1)
Regarding Claim 1, Shiraishi discloses an adult vaping device ([0129], Fig 1A), comprising:
a housing having a first portion and a second portion, a vaping system disposed within the housing, toward the first portion of the housing (The holder 140 may include an outer shell enclosing the internal space 141. [0156]. Figure 29 further depicts an outer shell comprising two parts: a first part comprising cartridge 120/flavor imparting cartridge 130 and a second part comprising sensor 112A, controller 116A, and power supply 111A. [0130], [0395]-[0396].),
wherein the vaping system includes a receptacle formed within the first portion of the housing for receiving a vaping cartridge (The flavor inhaler comprises a portion which receives a refillable cartridge 120 and a flavor imparting cartridge 130. [0130]-[0131], Figs 1A & 29. Additionally, in the secondary configuration, the holder 140 holds the stick substrate 150 while accommodating part of the stick substrate 150 in the internal space 141. [0150], Fig 2.),
a vibration mechanism disposed within the housing, toward the second portion of the housing (The power supply unit 110 includes a power supply 111A, a sensor 112A, and a notifier 113A. [0130], Figs 1A & 29. The notifier may comprise of, or include a vibration device that includes a vibrator. [0134], [0160]. The vibration device is depicted as located in the power supply unit, distal to the flavor source/flavor imparting cartridge. Fig 1A.),
a power source disposed within the housing, and electrically connected to the vibration mechanism and the vaping system (The power supply unit 110 includes a power supply 111A which powers the vibration device and vaporizer heater. [0130]-[0134], [0140], Figs 1A & 29.),
the power source configured to selectively provide power to the vaping system and/or the vibration mechanism ("The power supply 111A stores electric power. The power supply 111A supplies electric power to the structural elements of the flavor inhaler or the like 100A under the control of the controller 116A." [0132]), and
a cap removably connected to the first portion of the housing, adjacent the vaping system, the cap configured to allow access to the cartridge receptacle formed within the vaping system (In the secondary configuration, the holder 140 may include an opening/closing mechanism that at least partially opens and closes an outer shell defining the internal space 141 such that the hinged portion represents a cap over the internal space. [0156], Fig 1B),
wherein the vibration mechanism and the vaping system are configured to operate independently or simultaneously ("A step of vibrating the vibrator 210 in accordance with vibration data may be executed during inhalation of the flavor inhaler or the like 200 by a user, or may be executed in response to a predetermined operation (such as depressing a button) on the flavor inhaler or the like 200 by a user" [0278]).
Shiraishi does not explicitly disclose an outer contact layer disposed about the housing wherein the outer contact layer is configured to cover the housing.
Spesak teaches an outer contact layer disposed about the housing of an aerosol generating device and wherein the outer contact layer is configured to cover the housing (A protective sleeve may be provided around the tubular body of the device. [0007]-[0008]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the aerosol generating device of Shiraishi with an outer contact layer as taught by Spesak because Shiraishi and Spesak are both directed to aerosol generating devices, Spesak teaches the use of a protective sleeve which provides safety against breakage, grip for holding the device, and privacy by obscuring contents ([0007]), and this merely involves applying a known component to a similar aerosol generating device to yield predictable results.
Regarding Claim 2, Shiraishi further discloses a vaping device wherein the power source is a rechargeable battery ("the apparatus may further include a charger configured to charge a rechargeable power supply in the device." [0057]).
Regarding Claim 3, Shiraishi further discloses a vaping device further comprising
an inner support structure within the housing ("The charging apparatus may include not only the charger but also at least one of a vibrator, a sensor, a converter, a controller, and the like similar to the structural elements illustrated in FIG. 2" [0280])
the inner support structure having a charging port configured to provide external power to the power source ("the battery may be charged by a charging apparatus electrically connected to the flavor inhaler or the like 200" [0280]).
Regarding Claim 6, Shiraishi further discloses a vaping device wherein the vaping system is configured to have a low, medium, and high power setting when operated (The vibration data comprises of three derived vibration strengths which can be used to create a variety of patterns. [0200]-[0208], Figs 5, 6A, & 6B).
Regarding Claim 7, Shiraishi further discloses a vaping device wherein the vibration mechanism is configured to have a plurality of vibration settings when operated ("It is possible to vibrate the flavor inhaler or the like in a variety of modes in accordance with the generated vibration data. For this reason, a user is able to inhale the flavor inhaler or the like while the user feels vibrations in a variety of modes including a mode that the user cannot predict." [0281]).
Regarding Claim 8, Spesak further discloses a vaping device wherein the outer contact layer is made of flexible silicone ("the sleeve 10 is made of, but not limited to, a silicone rubber material" [0055]).
Regarding Claim 9, Shiraishi further discloses a vaping device wherein the vibration mechanism and the vaping system are controlled by electrically isolated control buttons so the vibration mechanism can be operated independently or simultaneously with the vaping system (The vibration function of the device may be executed in response to a button press by a user. [0278]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shiraishi and Spesak as applied to Claim 3 above, and further in view of Shen (US 20230307723 A1)
Regarding Claim 4, Shiraishi discloses a rechargeable battery ("the apparatus may further include a charger configured to charge a rechargeable power supply in the device." [0057]), but does not explicitly disclose wherein the charging port comprises a magnet to attach a USB charging cable.
Shen teaches an aerosol generating device comprising a charging port wherein the charging port comprises a magnet to attach a USB charging cable (Magnets or a ferromagnetic plate are provided in the bottom of the battery housing, configured to hold a charger in place. [0027], [0074], Figs 4A & 4B. "The charger can be supplied with electricity by a suitable transformer or by a USB (Universal Serial Bus) socket." [0072]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the charging port of Shiraishi with a magnetic charging port as taught by Shen because Shiraishi, Spesak, and Shen are all directed to aerosol generating devices, Shen teaches the use of a magnetic charging port to facilitate the connection between a charging cable and the aerosol generating device battery, and this merely involves applying a known component to a similar aerosol generating device to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shiraishi and Spesak as applied to Claim 1 above, and further in view of Galloway (US 20160050974 A1)
Regarding Claim 5, Shiraishi discloses wherein the vaping system includes a receptacle formed for receiving a vaping cartridge, but does not explicitly disclose wherein the vaping system comprises one or more threads formed on an inner surface thereof and is configured to receive threaded vaping cartridges.
Galloway teaches an aerosol generating device wherein the device comprises one or more threads formed on an inner surface thereof and is configured to receive threaded vaping cartridges (Various mechanisms may connect the control body 200 to the cartridge 300 such as a threaded engagement. [0033], Fig 1).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the cartridge receiving portion of Shiraishi with a threaded engagement as taught by Galloway because Shiraishi, Spesak, and Galloway are all directed to aerosol generating devices, Galloway teaches the use of a threaded engagement as a known component for connecting an aerosol generating cartridge to an aerosol generating device, and this merely involves applying a known component to a similar aerosol generating device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 8:00-4:00.
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.
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.
/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755