DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Note:
The Office Action Summary included with the Non-Final Rejection mailed on 02/18/2026 incorrectly indicated that Applicant had a shortened statutory period of reply of two months (instead of three months). This additional Non-Final Rejection includes a correct Office Action Summary indicating that Applicant has a shortened statutory period of three months. The substance of the Non-Final Rejection mailed on 02/18/2026 is reproduced below for the reader’s convivence.
Information Disclosure Statement
The foreign references identified in the Information Disclosure Statements filed on 06/01/2023, 08/30/2024, 06/25/2025, 10/09/2025 were searched for corresponding US Patents, Publications, or other English equivalents. Please see below:
WO 2020035454 = US 20210212366;
WO 2020074604 = US 20210378307;
WO 2019228037 = US 20210076741;
WO 2020182743 = US 20220183372;
JP 2018174784 = no US or other English equivalents located;
CN 207653596 = no US or other English equivalents located; and
JP 3065356 = no US or other English equivalents located.
The above US references are being cited in the PTO-892 mailed on 02/18/2026 to ensure they are made of record.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1–6, 13–15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by THORSEN US 2020268053 (“THORSEN”).
As to claim 1, THORSEN discloses the flavor inhaler comprising:
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a housing (Fig. 1, 108; [0086]);
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a containing unit (Fig. 13, 142; [0135]) contained in the housing and configured to contain a consumable (104; [0144]);
a tubular unit (110; [0135]) surrounding the containing unit (142); and
a holding unit (deformable attachments 152) holding the tubular unit movably in an axial direction of the tubular unit or a first direction perpendicular to the axial direction ([0135]).
As to claim 2, THORSEN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a first restriction unit (Fig. 13) configured to restrict a movement of the tubular unit in the first direction ([0135]).
As to claim 3, THORSEN discloses the flavor inhaler according to claim 2, wherein the first restriction unit is configured to restrict a movement of the tubular unit in a second direction perpendicular to the axial direction of the tubular unit and the first direction (the first restriction units hold the tubular unit in place and restrict/limit movement of the tubular unit along x-axis, y-axis, and z-axis).
As to claim 4, THORSEN discloses the flavor inhaler according to claim 2, wherein the first restriction unit includes an inner first restriction unit located inside the tubular unit (Fig. 10, 152 is within 110).
As to claim 5, THORSEN discloses the flavor inhaler according to claim 4, wherein the flavor inhaler satisfies D1 > D2, assuming that D1 represents an inner diameter of the tubular unit and D2 represents a diameter of an imaginary circle circumscribed around the inner first restriction unit as viewed from the axial direction of the tubular unit (Fig. 13 evidences that, when viewed in the axial direction of the tubular unit 110, the inner diameter of the tubular unit 110 is greater than a diameter of an imaginary circle circumscribed around the inner first restriction unit 152).
As to claim 6, THORSEN discloses the flavor inhaler according to claim 5, wherein the inner first restriction unit includes at least two protrusion portions protruding in the first direction (see 152s in Fig. 13), and wherein the imaginary circle is circumscribed around the at least two protrusion portions (Fig. 13).
As to claim 13, THORSEN discloses the flavor inhaler according to claim 2, wherein the tubular unit includes a first end portion (left side of 110 in Fig. 13), and a second end portion (right side of 110) opposite from the first end portion (Fig. 13) and, wherein the first restriction unit is disposed inside or outside at least one of the first end portion or the second end portion of the tubular unit in the first direction (Fig. 13).
As to claim 14, THORSEN discloses the flavor inhaler according to claim 13, wherein the first restriction unit is disposed inside or outside both the first end portion and the second end portion of the tubular unit in the first direction (Fig. 13).
As to claim 15, THORSEN discloses the flavor inhaler according to claim 1, wherein the tubular unit includes a base portion (110) and a heat insulation layer (124/112) provided on an outer peripheral side of the base portion ([0086–87]).
As to claim 20, THORSEN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a second restriction unit (Fig. 13, the other 152)configured to restrict a movement of the tubular unit in the axial direction, and is configured to hold the tubular unit movably in the axial direction (Fig. 13).
Claim(s) 1–6, 10–14, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHEN US 20210076741 (“CHEN”).
As to claim 1, CHEN discloses the flavor inhaler comprising:
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a housing (Fig. 2, 110);
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a containing unit (Fig. 12, 113) contained in the housing and configured to contain a consumable (200; [0068]);
a tubular unit (140) surrounding the containing unit (Fig. 12); and
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a holding unit (130) holding the tubular unit (140) movably in an axial direction of the tubular unit or a first direction perpendicular to the axial direction ([0072]).
As to claim 2, CHEN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a first restriction unit (130/133/134) configured to restrict a movement of the tubular unit in the first direction (Figs. 7–8).
As to claim 3, CHEN discloses the flavor inhaler according to claim 2, wherein the first restriction unit (130/133/134) is configured to restrict a movement of the tubular unit in a second direction perpendicular to the axial direction of the tubular unit and the first direction (Figs. 7–8).
As to claim 4, CHEN discloses the flavor inhaler according to claim 2, wherein the first restriction unit includes an inner first restriction unit (Fig. 8, 133) located inside the tubular unit (Fig. 8, 140).
As to claim 5, CHEN discloses the flavor inhaler according to claim 4, wherein the flavor inhaler satisfies D1 > D2, assuming that D1 represents an inner diameter of the tubular unit and D2 represents a diameter of an imaginary circle circumscribed around the inner first restriction unit as viewed from the axial direction of the tubular unit (Figs. 7–8).
As to claim 6, CHEN discloses the flavor inhaler according to claim 5, wherein the inner first restriction unit includes at least two protrusion portions protruding in the first direction (Fig. 8 illustrates threaded loops, which can be interpreted as at least two protrusion portions protruding in the first direction), and wherein the imaginary circle is circumscribed around the at least two protrusion portions (Fig. 8).
As to claim 10, CHEN discloses the flavor inhaler according to claim 2, wherein the first restriction unit (130) includes an outer first restriction unit (130/134) located outside the tubular unit (Fig. 8).
As to claim 11, CHEN discloses the flavor inhaler according to claim 10, wherein the first restriction unit includes an inner first restriction unit (133) located inside the tubular unit (Fig. 8, 140), and wherein the inner first restriction unit (133) and the outer first restriction unit (134) are disposed at positions overlapping each other in the axial direction (Fig. 8).
As to claim 12, CHEN discloses the flavor inhaler according to claim 11, wherein a space in the first direction is formed between the inner first restriction unit and the outer first restriction unit, and wherein the tubular unit is contained in the space (Fig. 8).
As to claim 13, CHEN discloses the flavor inhaler according to claim 2, wherein the tubular unit includes a first end portion (Fig. 8), and a second end portion opposite from the first end portion and (Fig. 8), wherein the first restriction unit is disposed inside or outside at least one of the first end portion or the second end portion of the tubular unit in the first direction (Fig. 8).
As to claim 14, CHEN discloses the flavor inhaler according to claim 13, wherein the first restriction unit is disposed inside or outside both the first end portion and the second end portion of the tubular unit in the first direction (Fig. 8).
As to claim 20, CHEN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a second restriction unit (133) configured to restrict a movement of the tubular unit in the axial direction, and is configured to hold the tubular unit movably in the axial direction (Fig. 8).
Claim(s) 1–15 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by ABI AOUN US 20220183372 (“ABI AOUN”).
As to claim 1, ABI AOUN discloses the flavor inhaler comprising:
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a housing (Fig. 1, 102);
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a containing unit (132; [0119]) contained in the housing and configured to contain a consumable (Figs 5A-5B, 110; [0133]);
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a tubular unit (128) surrounding the containing unit (132); and
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a holding unit (Figs. 6 and 12–13, illustrate a holding unit at either end of 128) holding the tubular unit (128 illustrated in Fig. 13) movably in an axial direction of the tubular unit or a first direction perpendicular to the axial direction (The broadest reasonable interpretation of “a holding unit holding the tubular unit movably in an axial direction of the tubular unit or a first direction perpendicular to the axial direction” captures at least one of elements 144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216 because these elements work together to hold tubular element 128 and containing unit 132 in a set position between each. The overall structures are “movable” in that o-rings 214/520, as discussed in [0178], “may be compressed when the insulating member 128 surrounds the susceptor 132.”).
As to claim 2, ABI AOUN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a first restriction unit configured to restrict a movement of the tubular unit in the first direction (Figs. 6 and 12–13, elements 144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216; [0178–0180]).
As to claim 3, ABI AOUN discloses the flavor inhaler according to claim 2, wherein the first restriction unit is configured to restrict a movement of the tubular unit in a second direction perpendicular to the axial direction of the tubular unit and the first direction (Figs. 6 and 12–13, elements 144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216; [0178–0180]).
As to claim 4, ABI AOUN discloses the flavor inhaler according to claim 2, wherein the first restriction unit includes an inner first restriction unit located inside the tubular unit (Figs. 6 and 12–13, 214 or 512; [0178–0180]).
As to claim 5, ABI AOUN discloses the flavor inhaler according to claim 4, wherein the flavor inhaler satisfies D1 > D2, assuming that D1 represents an inner diameter of the tubular unit and D2 represents a diameter of an imaginary circle circumscribed around the inner first restriction unit as viewed from the axial direction of the tubular unit (Figs. 6 and 12–13, 214 or 512; [0178–0180]).
As to claim 6, ABI AOUN discloses the flavor inhaler according to claim 5, wherein the inner first restriction unit includes at least two protrusion portions (226) protruding in the first direction (Figs. 12–13), and wherein the imaginary circle is circumscribed around the at least two protrusion portions (Figs. 12–13).
As to claim 7, ABI AOUN discloses the flavor inhaler according to claim 6, wherein the protrusion portions (226) include top portions shaped so as to conform with an inner surface of the tubular unit as viewed from the axial direction (226 are shaped to conform with an inner surface of the tubular unit 128 because they do not interfere with the inner surface of the tublare element. They also appear curved and have an outer surface shape which is substantially similar to the inner surface of the tubular unit. Accordingly, the protrusion portions 226 include top portions shaped so as to conform with an inner surface of the tubular unit as viewed from the axial direction), respectively, wherein the imaginary circle is circumscribed around the top portions, and wherein the flavor inhaler satisfies L1 > L2, assuming that L1 represents a circumferential length of the imaginary circle and L2 represents a sum of lengths of portions of the top portions that are circumscribed by the imaginary circle (Fig. 13).
As to claim 8, ABI AOUN discloses the flavor inhaler according to claim 4, wherein the inner first restriction unit includes an annular portion (144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216) located between the containing unit (132) and the tubular unit (128).
As to claim 9, ABI AOUN discloses the flavor inhaler according to claim 8, wherein the annular portion has an outer peripheral surface that faces an inner surface of the tubular unit (Figs. 6 and 12–13), and wherein the outer peripheral surface has such a tapering surface that an outer diameter is reducing as the outer peripheral surface extends toward a center of the tubular unit in the axial direction (at least the curved shape of the o-rings 520/214. Also, elements Figs. 12 and 13 illustrate elements 224, 226, 212 and 216 also have a tapering surface that an outer diameter is reducing as the outer peripheral surface extends toward a center of the tubular unit in the axial direction.)
As to claim 10, ABI AOUN discloses the flavor inhaler according to claim 2, wherein the first restriction unit includes an outer first restriction unit (Fig. 13, 512 and 220) located outside the tubular unit (128).
As to claim 11, ABI AOUN discloses the flavor inhaler according to claim 10, wherein the first restriction unit includes an inner first restriction unit (144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216) located inside the tubular unit (Fig. 13, 128), and wherein the inner first restriction unit and the outer first restriction unit (512/220) are disposed at positions overlapping each other in the axial direction (Fig. 13).
As to claim 12, ABI AOUN discloses the flavor inhaler according to claim 11, wherein a space in the first direction is formed between the inner first restriction unit and the outer first restriction unit, and wherein the tubular unit is contained in the space (Fig. 12).
As to claim 13, ABI AOUN discloses the flavor inhaler according to claim 2, wherein the tubular unit includes a first end portion (top of 128 in Fig. 13), and a second end portion (bottom of 128 in Fig. 13) opposite from the first end portion and, wherein the first restriction unit is disposed inside or outside at least one of the first end portion or the second end portion of the tubular unit in the first direction (Fig. 13).
As to claim 14, ABI AOUN discloses the flavor inhaler according to claim 13, wherein the first restriction unit is disposed inside or outside both the first end portion and the second end portion of the tubular unit in the first direction (Fig. 13).
As to claim 15, ABI AOUN discloses the flavor inhaler according to claim 1, wherein the tubular unit includes a base portion (Fig. 3, 128) and a heat insulation layer (124/126; [0119]. These structures, although described as inductor coils, will inherently limit the transfer of heat and accordingly meet the broadest reasonable interpretation of a heat insulation layer) provided on an outer peripheral side of the base portion (Fig. 3).
As to claim 20, ABI AOUN discloses the flavor inhaler according to claim 1, wherein the holding unit includes a second restriction unit configured to restrict a movement of the tubular unit in the axial direction, and is configured to hold the tubular unit movably in the axial direction (Figs. 6 and 12–13, elements 144, 520, 522, 506, 226, 224, 202, 136, 212, 214, 216; [0178–0180]).
Claim(s) 1–3, 10, and 13–20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by REEVELL US 20210378307 (“REEVELL”).
As to claim 1, REEVELL discloses the flavor inhaler comprising:
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a housing (102; [0054]);
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a containing unit (108) contained in the housing and configured to contain a consumable (114; [0057]);
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a tubular unit (152) surrounding the containing unit (180; [0058]; See partial reproduction from Fig. 2 above); and
a holding unit (160; [0059]) holding the tubular unit (152) movably in an axial direction of the tubular unit or a first direction perpendicular to the axial direction (Fig. 2, [0059]).
As to claim 2, REEVELL discloses the flavor inhaler according to claim 1, wherein the holding unit includes a first restriction unit configured to restrict a movement of the tubular unit in the first direction (Fig. 2).
As to claim 3, REEVELL discloses the flavor inhaler according to claim 2, wherein the first restriction unit is configured to restrict a movement of the tubular unit in a second direction perpendicular to the axial direction of the tubular unit and the first direction (the interference fit provided by deformable member 160 restricts a movement of the tubular unit 152 in a second direction perpendicular to the axial direction of the tubular unit and the first direction).
As to claim 10, REEVELL discloses the flavor inhaler according to claim 2, wherein the first restriction unit includes an outer first restriction unit located outside the tubular unit (Fig. 2, 106).
As to claim 13, REEVELL discloses the flavor inhaler according to claim 2, wherein the tubular unit includes a first end portion, and a second end portion opposite from the first end portion and, wherein the first restriction unit is disposed inside or outside at least one of the first end portion or the second end portion of the tubular unit in the first direction (Fig. 2).
As to claim 14, REEVELL discloses the flavor inhaler according to claim 13, wherein the first restriction unit (160) is disposed outside both the first end portion and the second end portion of the tubular unit (152) in the first direction (Fig. 2).
As to claim 15, REEVELL discloses the flavor inhaler according to claim 1, wherein the tubular unit includes a base portion (inner wall of 152) and a heat insulation layer provided on an outer peripheral side of the base portion ([0058] discloses filling 152 with a thermally insulating material, for example fibres, foams, gels).
As to claim 16, REEVELL discloses the flavor inhaler according to claim 15, wherein the holding unit includes a first restriction unit configured to restrict a movement of the tubular unit in the first direction (see discussion above),
wherein the first restriction unit includes an inner first restriction unit located inside the tubular unit (156),
wherein the first restriction unit includes an outer first restriction unit located outside the tubular unit (160/107b),
wherein the inner first restriction unit and the outer first restriction unit are disposed at positions overlapping each other in the axial direction (Fig. 2),
wherein a space in the first direction is formed between the inner first restriction unit and the outer first restriction unit, wherein the tubular unit is contained in the space (Fig. 2),
wherein the base portion (inner wall of 152) includes a protrusion portion on one end of the tubular unit (148), the protrusion portion protruding from the heat insulation layer in the axial direction (Fig. 2), and
wherein the protrusion portion is contained in the space (Fig. 2).
As to claim 17, REEVELL discloses the flavor inhaler according to claim 15, wherein the holding unit includes a first restriction unit (one of 160) configured to restrict a movement of the tubular unit in the first direction (Fig. 2), wherein the first restriction unit includes an outer first restriction unit (the other of 160) located outside the tubular unit (152), and wherein the outer first restriction unit is out of contact with the heat insulation layer (because outer wall 154 separates the a thermally insulating material from the outer first restriction unit; see [0058]).
As to claim 18, REEVELL discloses the flavor inhaler according to 1, wherein the containing unit includes a tubular sidewall portion (108; [0061–64]),
wherein the sidewall portion includes a contact portion (Fig. 2(a), 140) in contact with the consumable when the consumable is contained in the containing unit ([0063]), and a separation portion (126) located circumferentially adjacent to the contact portion and spaced apart from the consumable ([0087]), and
wherein an air flow path in communication with an end surface of the consumable in the containing unit and an opening of the containing unit is formed between the separation portion and the consumable when the consumable is contained in the containing unit ([0085]).
As to claim 19, REEVELL discloses the flavor inhaler according to claim 1, further comprising a heating unit (Fig. 2, 124) disposed on an outer periphery of the containing unit (108) and configured to heat the consumable contained in the containing unit ([0096–97]).
As to claim 20, REEVELL discloses the flavor inhaler according to claim 1, wherein the holding unit includes a second restriction unit (top or bottom 160) configured to restrict a movement of the tubular unit in the axial direction, and is configured to hold the tubular unit movably in the axial direction (Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANLEY L CUMMINS IV whose telephone number is (571)272-1060. The examiner can normally be reached Monday-Friday 9:30 a.m. - 6:00 p.m. (CST).
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/MANLEY L CUMMINS IV/Primary Examiner, Art Unit 1747