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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "14" and "1400" have both been used to designate memory. In paragraph 70 of the specification “1400” should be changed to “14” to match figure 4. The characters “33” and “333” have both been used to designate the lateral wall. In paragraph 135 of the specification, “33” should be changed to “333” to match drawings 6, 7, 8, 10 & 11. The characters “320” and “333” have both been used to designate the lateral wall. In paragraph 118 of the specification, “320” should be changed to “333” to match drawings 6, 7, 8, 10 & 11. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “R1”. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: “320”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
Interpretation 1
Claims 1, 2, 4, 5, 6, 8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190364968 A1 (Fu et al. 2019).
[AltContent: textbox (Figure 1 – figure 11H from Fu et al. 2019 (US 20190364968 A1). Black U highlights what can be considered a first opening in a circumferential direction of the support portion)]
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Regarding claim 1, Fu teaches a vaporization device (100) including a vaporization body (110) and a cartridge (150) as shown in figures 1A – 1F (paragraph 64). The cartridge (150) may include a vaporizing assembly of vapor generating components. The vapor-generating components includes a heater (166) (paragraph 231; figures 14 and 15b). The fixing body can be considered to be the connection pads (144a, b) of the haptics system (144) as these connect to the spring contacts on the printed circuit board A (PCBA) (paragraph 140; figures 5E, 5F and 11H). The holder can be considered the combination of the sidewall (1116) and the cavity (1116a), and the cavity (1116a) can be considered the seating portion (figure 11H). Figure 11H further shows openings in the side wall of the support portion in a circumferential direction, and a vibrator (144) being coupled to the holder.
Regarding claim 2, Fu shows a plurality of first openings in figure 11H (or see above, figure 1 of office action) that are spaced apart from each other along the circumferential direction of the support portion.
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[AltContent: textbox (Figure 2 – Figure 11H from Fu et al. 2019 (US 20190364968 A1). Protrusion portion circled in black)] Regarding claim 4, Fu teaches protrusions which are visible on the side snaps (1117a, b) that contact the vibrator when inserted (figure 11H; paragraph 136).
Regarding claim 5, Fu shows in figure 11H a first opening (see above, figure 1 of office action) which is located below a protrusion portion (see above, figure 2 of office action) and above the seating portion (1116a) and can therefore be considered between the seating portion and protrusion portion.
Regarding claim 6, Fu shows in figure 11H that the length of the first opening is greater than the length of the protrusion portion and that the protrusion portion is above the first opening. The protrusion could be considered between the left end of the first opening in a counter-clockwise direction and the right side of the first opening in a clockwise direction around the holder.
[AltContent: textbox (Figure 3 – Figure 11H from Fu et al. 2019 (US 20190364968 A1). Upper arrow indicates inclined surface on protrusion portion (shaded black). Lower arrow indicates location of inclined surface on support portion (black semi-circle). They are indirectly connected through the support portion 1116.)] Regarding claim 8, Fu shows in figure 11H a first inclined plane on the surface of the support portion (1116) that slopes toward the vibrator when inserted, and a second inclined surface on the upper surface of the protrusion which also slopes toward the vibrator when inserted. These two surfaces can be considered to be indirectly connected through the sidewall 1116 (see figure 3 below).
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Regarding claim 15, Fu teaches that a bottom liner from the haptics system (144) is provided and removed to expose an adhesive portion before the haptics system (144) is snapped into the cavity (1666a) (paragraph 136; figure 11H). As the adhesive would be placed between the holder and the haptics system once secured, the holder could then be considered to comprise an adhesive portion.
Interpretation 2
Claims 1, and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190364968 A1 (Fu et al. 2019).
[AltContent: textbox (Figure 4 – figure 11H from Fu et al. 2019 (US 20190364968 A1). Black circle indicates first opening. First opening is in a circumferential direction of the support portion)]
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Regarding claim 1, Fu teaches a vaporization device (100) including a vaporization body (110) and a cartridge (150) as shown in figures 1A – 1F (paragraph 64). The cartridge (150) includes a vaporizing assembly of vapor generating components. The vapor-generating components include a heater (166) (paragraph 231; figures 14 and 15b). The outer structural support (120a) can be interpreted as the fixing body, in figure 4a the outer structural support (120a) is found inside the body (112). In figure 11H, the holder can then be interpreted as the combination of the sidewalls (1116) and the cavity (1116a) which is provided on the fixing body (120a), then the support portion can then be interpreted as the side walls (1116) and the seating portion as the cavity (1116a). See figure 4 of office action for location of first opening. Additionally, figure 11H shows the vibrator being coupled to the holder.
Claim 3 is being interpreted as a single opening at least overlapping part of the fixing body, seating portion and support portion. The first opening shown in figure 4 (office action) above can be interpreted as overlapping the fixing body (120a) (top of opening touches fixing body), the seating portion (1116a) (bottom of opening touches seating portion), and the support portion (1116) (1117b being part of support portion) (figure 11H).
Claims 1, 12, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021240131 A1 (Chen et al. 2021).
[AltContent: textbox (Figure 5 – Figure 4 from Chen (WO 2021240131 A1) showing interpretation of holder, seating portion, fixing body, and support portion.)]
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Regarding claim 1, Chen teaches an aerosol generating device comprising a heater (9) mounted inside a body (12) which heats incoming air. Heated air is then directed to the liquid reservoir (10) where an aerosol is generated (page 4 lines 20 – 35; figure 1). From figure 4 of Chen, the support member (24) can be interpreted as the holder, the external surface (26), which protrudes from the holder can be interpreted as the support portion, the projection connecting the top and bottom surfaces of support member (24) can be interpreted as the fixing body, and the recess (25) can be interpreted as the seating portion as it is inside the support portion and supports the vibrator. The holder (24) can be viewed as on the fixing body. The support portion (26) can be considered to extend along a circumferential direction of the vibrator. The seating portion (25) is inside the support portion (26) and the first opening can be considered to be the space directly below the support portion bounded on the inside by the seating portion (25) on the outside by the fixing body. The vibrator (22) is also shown to be coupling to the holder (24).
[AltContent: textbox (Figure 6 – figure 4 from Chen (WO 2021240131 A1) showing first opening spaced apart from central opening of seating portion.)]
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Regarding claim 12, as the seating portion (25) comprises a recess, it can be said that a central opening is formed in the center of the seating portion which is spaced apart from the first opening (below the support portion - 26) (figure 4).
Regarding claim 13, Chen shows in figure 4, an opening on the far side of the support portion which could be interpreted as a groove. And additionally, the supporting portion edges appear to be rounded. In this case the groove is adapted for receiving wires attached to the vibrator.
[AltContent: textbox (Figure 8 – figure 4 from Chen (WO 2021240131 A1). The step and engaging projection are connecting the upper and lower support portions (26). Black highlight is step and grey highlight is engaging projection)]
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[AltContent: textbox (Figure 7 – figure 4 from Chen (WO 2021240131 A1). With location of groove interpretation and rounded edges where support meets connecting groove. )]
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Regarding claim 14, Chen shows in figure 4, a step descending from the fixing body (26) (shown below), and an engaging projection that is between the seating portion and the connecting groove.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190364968 A1 (Fu et al. 2019) as applied to claims 4 and 7 in interpretation 1, and further in view of WO 2021240131 A1 (Chen et al. 2021) for claim 7.
Fu teaches an aerosol generating device as described in claim 4, and that the support portion (1117a, b) and the protrusion portions are integrally formed with each other (figure 11H or see figure 2 of office action). Fu does not teach that the protrusion portion and support portion have elasticity. Chen teaches that the support member (24) is preferably made from rubber, and most preferably silicone rubber, and supports the vibration motor (22) (page 6 lines 5 – 6; figures 2 and 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify the holder and support structure to be made of rubber or silicone rubber in order to have elasticity, with reasonable expectation of success, because Chen indicates that rubber allows the support member to damped vibrations generated by the vibration motor (page 6 lines 6 – 7). Furthermore, it is noted here that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (See MPEP 2144.07).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190364968 A1 (Fu et al. 2019) as applied to claims 4 and 9 above in interpretation 1, and further in view of WO 2021205158 A1 (Lahoud et al. 2021) for claim 9.
Regarding claim 9, Fu teaches an aerosol generating device as described in claim 4 and that when the haptics system is snapped into the holder, the protrusions will reach over the vibrator and thus reach closer to the center of the vibrator making their distance from the center of the vibrator less than the radius of the vibrator (paragraph 136, figure 11H). Figure 11H also shows the vibrator to be a cylindrical shape. Fu does not teach that the protrusion portion has a lateral surface protruding to be rounded toward the vibrator. Lahoud teaches in figures 21, 23 and 24, protrusions of a mist generator housing which receives the transducer (vibrator) holder containing protrusions with rounded lateral surfaces. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify the protrusions of Fu with the rounded lateral surface of Lahoud, with reasonable expectation of success, because the rounded lateral surface which protrudes closer to the vibrator will be more likely to provide a snug fit thus helping to minimize vibrational damage to the aerosol generating device.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190364968 A1 (Fu et al. 2019) as applied to claims 4, 10, and 11 in interpretation 1, and further in view of WO 2022009387 A1 (Haruyama and Yokomizo 2022) for claim 10.
Regarding claim 10, Fu teaches an aerosol generating device as described in claim 4, along with a vibrator (144) comprising a top surface, and a lateral surface (figure11H). Fu does not teach a concave groove recessed in the circumferential direction of the vibrator at a boundary between the top surface and the lateral surface, wherein the protrusion portion is disposed corresponding to a position of the concave groove to be inserted into the concave groove, and wherein a shortest distance from a center of the vibrator to the protrusion portion is equal or less than a distance from a center of the vibrator to a lateral surface of the concave groove. Haruyama teaches engaging groove portions (26i) formed at the boundary between the lateral and top surface of a heater holder (paragraph 65 of translation; figure 5). Haruyama also teaches engaging protrusions (43h) which engage the groove portions indicating the protrusions are disposed corresponding to a position of the grooves (paragraph 125 of translation).
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 vibrator of Fu with the engaging groove portions of Haruyama, with reasonable expectation of success, because Haruyama indicates that the engaging grooves and the engaging protrusions form a positioning mechanism in both the circumferential and radial directions for fixing a cartridge in place in its receiving portion (paragraph 125 of translation). Positioning the grooves in this manner in the vibrator taught be Fu modified by Haruyama would provide an improved fit for the vibrator in its holder. Furthermore, it would be obvious to create grooves that create a snug fit with the protrusion portions so that a distance from the center of the vibrator to the protrusion portion is equal to or less than a distance from the center of the vibrator to a lateral surface of the concave groove in order to maximize the fit of the vibrator in the holder and minimize device damage.
Regarding claim 11, Fu teaches an aerosol generating device as described in claim 10, and that the side snaps (1117a, b) can be depressed by a force applied to the haptics system (144) when in contact with the side snaps (1117a, b) and the side snaps (1117a, b) will release to extend over the side portions of the haptics system (144) when the haptics system (144) is forced below the side snaps (1117a, b) (paragraph 136; figure 11H). Figure 11H also shows the side snaps having a flat surface on their bottom side.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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