DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/3/2026 has been entered.
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.
Claim(s) 36-37, 41 and 45-48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallem (US 20080006264).
Regarding claim 36, Gallem discloses an aerosol generator comprising:
an upper housing element (2);
a lower housing element (104) defining a central longitudinal axis (Figure 4B, the lower housing element positions the upper housing element, thus defining the central longitudinal axis about the upper housing element);
and
an aerosol generating subassembly (3, 6, 7, 11) disposed between the upper housing element and the lower housing element (Figure 4B) and including:
a vibratable member (3) including a plurality of apertures (Abstract, openings);
an annular (Paragraph 19) support member (6) attached to the vibratable member (Figure 4B);
an annular (Paragraph 19) piezo element (7) in electrical contact with the annular support member (Paragraph 3); and
a first annular seal (11), wherein an outer circumference of the first annular seal is disposed entirely inside of an outer circumference of the annular piezo element along a radial direction, with respect to the central longitudinal axis (Figure 4B).
Regarding claim 37, Gallem discloses the aerosol generator as claimed in claim 36, wherein the vibratable member, the annular support member, and the annular piezo element share the central longitudinal axis (Figure 4B).
Regarding claim 41, Gallem discloses the aerosol generator as claimed in claim 1, wherein the vibratable member includes a dome shape (Figure 4B).
Regarding claim 45, Gallem discloses the aerosol generator as claimed in claim 36, wherein the aerosol generating subassembly further includes a second annular seal (Examiner’s Annotated Figure 1) disposed downstream of the first annular seal (Figure 4B) and wherein the first and second annular seals include different outer diameters (Figure 4B).
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Examiner’s Annotated Figure 1
Regarding claim 46, Gallem discloses the aerosol generator as claimed in claim 36, wherein the aerosol generating subassembly further includes a second annular seal (Examiner’s Annotated Figure 1) and wherein the second annular seal includes an outer diameter that is greater than an outer diameter of the first annular seal (Figure 4B).
Regarding claim 47, Gallem discloses an aerosol generator comprising:
an upper housing element (2);
a lower housing element (104) defining a central longitudinal axis (Figure 4B, the lower housing element positions the upper housing element, thus defining the central longitudinal axis about the upper housing element);
and
an aerosol generating subassembly (3, 6, 7, 11) disposed between the upper housing element and the lower housing element (Figure 4B) and including:
a vibratable member (3);
an annular (Paragraph 19) support member (6);
an annular (Paragraph 19) piezo element (7);
a first annular seal (11), and
a second annular seal disposed downstream of the first annular seal with respect to the central longitudinal axis (Examiner’s Annotated Figure 1),
wherein at least a portion of both the first and second annular seals is disposed inside an outer circumference of the annular piezo element along a radial direction, with respect to the central longitudinal axis (Figure 4B).
Regarding claim 48, Gallem discloses the aerosol generator as claimed in claim 47, wherein the first and second annular seals include different outer diameters (Figure 4B).
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.
Claim(s) 38 is rejected under 35 U.S.C. 103 as being unpatentable over Gallem in view of Gallem II (DE 102005006375).
Regarding claim 38, Gallem discloses the aerosol generator as claimed in claim 36, further comprising at least two electrically conductive members (8a, 8b) in electrical contact with the annular support member (Paragraph 31) and at least partially disposed within the upper housing element (Figure 4B), but fails to disclose that the conductive members are pins.
Gallem II discloses a device wherein electrical members (8a, 8b) terminate in pins (Figure 2, The wires terminate in pins that make electrical contact with the nodes)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gallem with the disclosures of Gallem II, providing the conductive members to be pins, as the configurations were known alternatives before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of electricity throughout the device for operation.
Claim(s) 39 is rejected under 35 U.S.C. 103 as being unpatentable over Gallem in view of Ng (US 2006/0243820).
Regarding claim 39, Gallem discloses the aerosol generator as claimed in claim 36, but fails to disclose wherein the annular support member includes an extension tab and wherein at least one of the at least two electrically conductive pins is in electrical contact with the annular support member via the extension tab.
Ng discloses a generator wherein an annular support member (Figures 16A and 16B, The support member includes an extension tab (1622), wherein at least one (1625) of at least two electrically conductive pins (1620, 1625) is in electrical contact with the annular support member via the extension tab (Paragraph 56), as an alternative to the contacts being in direct contact with a top and bottom of a subassembly, as depicted in Figure 16A.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gallem with the disclosures of Ng, providing the known alternative structure of Ng, which includes the support member (Gallem, 6) further including an extension tab (Ng, 1622), wherein at least one (Gallem, 8b) of the at least two electrically conductive pins is in electrical contact with the annular support member via the extension tab (Ng, Paragraph 56), as the configurations were known alternatives before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of electricity throughout the device for operation.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13-19, 36-39 and 41-48 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 1, 13-19, and 41-44 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The limitations “a vibratable member having a first diameter; an annular support member, attached to the vibratable member, having an opening through which the central longitudinal axis passes and a second diameter larger than the first diameter; and an annular piezo element in electrical contact with the annular support member via an electrically conductive adhesive and having an opening through which the central longitudinal axis passes; a first electrically conductive pin in electrical contact with the aerosol generating subassembly and at least partially disposed within the upper housing element; and a second electrically conductive pin in electrical contact with the aerosol generating assembly, and at least partially disposed within the upper housing element [. . . .] the lower housing element includes a first annular portion extending in an upstream direction parallel to the central longitudinal axis and a second annular portion extending in a radially-inward direction perpendicular to the central longitudinal axis, and wherein the second annular portion at least partially overlaps with both the first and second electrically conductive pins along the radially-inward direction” are not anticipated or made obvious by the prior art. ’626 discloses a radially inward portion 23. However, portion 23 only covers one of the conductive pins. ‘820 and ‘264 fail to disclose the claimed structures. Examiner finds no teaching, suggestion, or motivation to modify the prior art to arrive at the claimed device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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