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 .
Response to Amendment
The Office Action is in response to the Applicant’s amendment filed on August 11, 2026.
Claims 1-15 are pending.
Claim 1 is amended.
Response to Arguments
Applicant's arguments, see pages 4-8, filed August 11, 2026, with respect to the rejection(s) of claims 1, 3-7, 9-10 and 12-13 under 35 U.S.C 102 have been fully considered and are not persuasive. The Applicant has amended claim 1 to require a limitation that was not previously presented. However, the new limitation is directed to an intended result of the vibrating unit configured to generated vibrations to transmit the vibrations to the inlet. The prior art of record discloses a vibrating unit 301 in contact with a capillary body 204 positioned in the inlet 305 such that the vibrating unit 301 transmits vibrations to the capillary body 204 positioned in the inlet (305, FIG. 2, [0123, 0125]). Therefore, a person having ordinary skill in the art would reasonably expect the transmitted vibrations to be capable of removing bubbles from the inlet, absent evidence to the contrary.
On page 7-8, Applicant argues that Zuber does not disclose or suggest the feature of “a vibrating unit configured to generate vibrations to transmit the vibrations to the inlet”.
The Examiner respectfully disagrees. Zuber teaches all the elements recited in the previously presented claim 1 including a vibrating unit configured to transmit vibrations (vibratable element 301 that vibrates; [0123], FIG.2) and the claimed inlet (inlet 305, FIG.2). Zuber’s inlet 305 is in connection with the storage portion such that an elongate capillary body extends into the atomizer housing 304, a corresponding inlet 305 is positioned such that the storage and atomizer are fluidly connected. Therefore, a vibrating unit abutting the inlet ([0058]) necessarily transmits vibrations to the inlet 305, thus Zuber does indeed disclose the features of a vibrating unit configured to generate vibrations to transmit vibrations to the inlet and the 35 U.S.C. 103 rejections of the dependent claims associated with this specific argument are maintained.
On page 7 Applicant argues that Zuber’s “atomizer 300” and “vibratable element 301” as being a single functional unit and that they are improperly mapped to the claimed “generator” and “vibrating unit” to respectively.
The Examiner respectfully disagrees. While Zuber discloses the atomizer 300 houses the vibratable element 301, Zuber’s vibratable element 301 only does not complete the functions of the claimed generator. The atomizer 300 assembly as a whole functions as an aerosol generator ([0137]) and thus accurately maps to the claimed generator. Accordingly, mapping the vibratable element 301 to the claimed “vibrating unit” is accurate since they both perform a vibrating function for a similar aerosol generating device. Furthermore, if a prior art structure is capable of performing the intended use, then it meets the claim. The Examiner notes that the claim merely requires a generator and a vibrating unit. Claim 1 does not require the generator generate an aerosol by a means other than vibrations. Therefore, the atomizer 300 is considered to be a generator and the vibratable element 301 is considered to be a vibrating unit.
The following is a modified rejection based on amendments made to the claim(s).
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.
Claims 1, 3-7, 9-10, and 12-13, are rejected under 35 U.S.C. 102 (a)(1) and 102 (a)(2) as being anticipated by Zuber et al. (US 20170119059 A1).Regarding claim 1, Zuber directed to an aerosol-generating system using a vibratable element, discloses an aerosol-generating device 100 (FIG. 1); ([0108)], comprising:
a liquid storage portion 201 (i.e. storage) (FIG. 1) for holding a liquid aerosol forming substrate (i.e., an aerosol generating material) ([0007]);
an atomizer 300 (i.e. generator) (see FIG. 1), configured to generate an aerosol from the aerosol generating material ([0088)];
an inlet 305 (see Annotated FIG. 2 below) transferring liquid aerosol forming substrate from the liquid storage portion to the aerosol generation module (i.e., fluid -connecting the storage to the generator) ([0121]; [0125]); and
a vibratable element 301 (i.e., vibrating unit) (see Annotated FIG. 2 below), ([0007], [0058]), configured to generate vibrations to transmit vibrations to the inlet ([0045], [0058], [0125],[0123]). A vibrating unit in accordance with the Applicant's instant specification includes various components such as actuator, such as a motor or a piezoelectric element ([0111]), as taught by Zuber [0008]; [0045]; [0046]; [0048].
In regards to the limitations requiring the vibrating unit is configured to transmit vibrations to the inlet such that bubbles are removed, the Examiner notes that the claim is directed to an aerosol generating device and the limitations requiring the transmitted vibrations remove bubbles are claimed as intended use. Zuber does not explicitly disclose the vibrations from the vibrating unit 301 transmit vibrations to the inlet 305 such that bubbles are removed from the inlet 305. However, Zuber discloses a vibrating unit 301 in contact with a capillary body 204 positioned in the inlet 305 such that the vibrating unit 301 transmits vibrations to the capillary body 204 positioned in the inlet (305, FIG. 2, [0123, 0125]). Therefore, a person having ordinary skill in the art would reasonably expect the transmitted vibrations to be capable of removing bubbles from the inlet, absent evidence to the contrary.
Regarding claim 3, Zuber teaches the aerosol generating device of claim 1, further comprising O-rings (connecting portion), (see FIG. 2) arranged between the liquid storage portion comprising a capillary body and the atomizer (i.e. generator) ([0121]) further comprising an inlet (see annotated FIG.2). The vibrating unit is arranged on one of the O-rings (connecting portion) ([0118]).
A connecting portion in accordance with the Applicant's instant specification is a component included in the storage [0090]; or a component included in the generator [0092].
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Regarding claim 4, Zuber teaches the aerosol-generating device of claim 1, comprising a cartridge [0068). Zuber further discloses the cartridge comprises the liquid storage portion, a heater and plurality of passages (i.e. inlet) [0069] – [0070]; a device with cartridge and an atomizer (i.e. generator) [0088];
wherein the vibratable element (vibrating unit), which is included in the atomizer (generator), arranged to be in contact with the surface of the cartridge (see Fig 1-3); [0138]).
Regarding claim 5, Zuber discloses a cartridge comprising the liquid storage portion, a portion of the heater and plurality of passages (i.e. inlet) [0069]; a device with cartridge and an atomizer (i.e. generator) [0088]. The vibratable element may be located separate from the heater as shown in Fig. 2 wherein heater 205 is separate from the vibrable element. As a cartridge may comprise the liquid storage portion and a portion of the heater such as 205, the atomizing unit 300 may be considered a separate main body with a vibratable element that is adjacent to the cartridge
Regarding claim 6, Zuber teaches an aerosol-generating device of claim 5, with a main body, further comprises a rigid housing (support) to accommodate the cartridge. In accordance with the Applicant's instant specification, the support may refer to a portion of the main body that is in contact with the cartridge, as taught by Zuber “the cartridge housing may be a rigid housing, a rigid housing means a housing that is self-supporting” ([0076]; [0110]; [0118]); see FIG. 1).
Zuber further discloses a vibrating unit is supported within the housing ([0118)].
Regarding claim 7, Zuber et al. teaches an aerosol generating device including a main body further comprises a cavity (mounting space) to accommodate the cartridge. ([0078]; [0085]; [0109]; [0121], see FIG 1). Zuber further discloses the atomizer comprising a vibratable element (vibrating unit), is arranged in the cavity (mounting space). ([0137])
Regarding claim 9, Zuber teaches that the cartridge may be removably coupled to the aerosol generating device ([0074]). Zuber et al. teaches an aerosol generating device further comprises one or more spring pins (compression pad) held in contact (coupled) with the vibratable element ([0132]) by pressure rather than by a mechanical connection, so that the electrical connection remains during vibration of the vibratable element. The vibrating unit, according to the Applicant’s instant specification, includes an actuator such as piezoelectric element [0111].
Zuber further discloses electrical connection of the vibratable element with the control electronics is achieved by one or more second spring pins (compression pad) extending through one or more openings in the housing of the atomizer ([0132]).
Regarding claim 10, Zuber teaches that the cartridge may be removably coupled to the aerosol generating device ([0074]). Zuber teaches a capillary body 204 that connects the main body 300 with the cartridge ([0122]).
Regarding claim 12, Zuber teaches an aerosol-generating system further comprises a control system configured to control an operation of the actuator to excite vibrations in the vibratable element (vibrating unit) [0050].
Zuber further discloses “an aerosol-generating system may further comprise a control system configured to operate the heater to heat liquid aerosol-forming substrate to a desired (or, alternatively a predetermined) temperature (i.e. preheating of the generator). This may reduce the viscosity of the aerosol-forming substrate compared to the viscosity of the unheated aerosol-forming substrate. This may increase the rate of atomization and may facilitate generation of an aerosol having desirable droplet sizes. This may reduce the sensitivity of the system to fluctuations in ambient temperature” ([0024]; [0090]).
Regarding claim 13, Zuber et al. teaches an aerosol-generating system comprising a puff detector in communication with the control electronics (i.e., controller) ([0083]; [0084]).
Zuber further discloses with every puff a user draws [0052]; the vibrating unit generates vibrations ([0123]).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zuber as applied to claim 1 above.
Regarding claim 2, Zuber teaches the aerosol generating device of claim 1 and inlet 305 (FIGs. 1-3).
Zuber does not appear to explicitly disclose that the inlet 305 is arranged on at least one surface of the liquid storage portion.
However, given that Zuber’s inlet 305 is in connection with the storage portion such that an elongate capillary body may extend into the atomizer housing, it would be obvious to one of ordinary skill that a corresponding inlet 305 must be present such that the storage and atomizer are fluidly connected.
Zuber further discloses a vibratable element 301 (i.e., vibrating unit) arranged adjacent to the inlet (Fig. 2; [0034]; [0058]; [0121]; [0122]).
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber as applied to claim 5 above, and further in view of Worm et. al. (US 20160050975 A1).
Regarding claim 8, Zuber teaches that the cartridge may be removably coupled to the aerosol generating device ([0074]).
Zuber does not explicitly disclose a coupling member protruding towards a cartridge for coupling.
Worm, directed to aerosol delivery devices including a moveable cartridge (see Background/ Summary); ([0001]) discloses a removable cartridge from a main body housing further discloses “a position of the indentation 136 (see, FIG. 8) may be selected such that when a protrusion 138 (see, FIG. 9) engages the indentation, a cartridge 200 is at a selected position with respect to the housing 102.” ([0109]).
Worm further discloses coupling mechanisms of a cartridge to a connector with a main body housing which result in a threaded engagement, a press-fit engagement or the like. ([0120]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Zuber by providing a main body housing with coupling member protruding towards a cartridge as taught by Worm, because both Zuber and Worm are directed to aerosol generating devices with a removable cartridge, Worm teaches an attachment or coupling cartridge with main body using protrusion design is beneficial for secure retention or release of the cartridge ([0109]), and this involves applying a known technique to a similar device to yield predictable results.
Regarding claim 11, Zuber discloses an aerosol generating device removably (detachably) coupled to a cartridge ([0074)] ([0112]). Zuber further expresses an aerosol generating system can be assembled interchangeably. ([0089])
Zuber does not explicitly disclose a cartridge rotatably coupled to main body within a preset range.
Worm, directed to aerosol delivery devices including a moveable cartridge (see Background/ Summary); ([0001]) discloses "a cartridge is moveable relative to at least a portion of the housing, wherein a moveable portion of the housing is hingedly moveable with respect to a main body portion of the housing" [0045]; (see FIG. 23-24) ([0138]). Worm discloses a hinge connector between a cartridge and a main body housing enables the cartridge to rotate at an angle with respect to the main body housing.
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Zuber by providing a rotatable attachment (hinge) of a cartridge with a main body housing as taught by Worm because both Zuber and Worm are directed to aerosol generating devices with movable cartridges, Worm teaches movable or rotatable cartridge to enhance user convenience [0136] and improve device functionality [0137], and this involves applying a known technique in the art to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zuber as applied to claim 1 above, and further in view of Lim et. al. (WO 2021071203 A1).
Regarding claim 14, Zuber discloses an aerosol-generating system comprising a sensing unit (a puff detection sensor). The sensor is in communication with a controller configured to control an overall operation of the aerosol generating system ([0083 - 0084]).
Zuber fails to explicitly disclose a sensor that detects the amount of aerosol generating material remaining in a generator.
Lim directed to aerosol generating device comprising an atomization portion (i.e., generator), a controller, a main body with a light source (Abstract), further discloses a sensor that senses the amount of liquid composition (i.e. aerosol generating material) contained in a liquid storage, and a controller controls a light source based on the remaining amount of the liquid composition sensed by the senser ([15]).
Lim further discloses a controller configured to control operation of a cartridge, which comprises an atomization portion (generator) and liquid storage ([14]), based on a result sensed by a remaining amount sensor ([58]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Zuber by providing a sensor that detects a change in an amount of aerosol generating material remaining in a generator as taught by Lim ([58]), because both Zuber and Lim are directed to aerosol generating devices with sensor functions, Lim teaches a remaining liquid composition sensor that enables a user to easily check the remaining amount of liquid composition contained in the cartridge from light emitted from the light source ([6]), and this involves applying a known technique to a similar device to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zuber as applied to claim 1 above, and further in view of Cristian (WO2020008028 A1).
Regarding claim 15, Zuber teaches an actuator configured to vibrate the vibratable element to generate aerosol ([0045]) but fails to explicitly teach a feedback generator configured to generate vibrations to provide feedback to a user.
Cristian directed to aerosol generating device for generating inhalable aerosol (see Abstract), discloses an aerosol generating device comprises a haptic element configured to create haptic feedback (i.e., feedback generator) to a user (see page 1; line 20 – 23). Cristian further discloses the haptic element configured for creating vibrations which may be experienced by a user holding the device (see page 2; line 6]).
Therefore, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art to modify Zuber by incorporating the vibration-feedback generator teachings of Cristian, because both are directed to aerosol generating devices with vibration-producing mechanisms, Cristian teaches vibrations created by haptic element provides a richer and more dynamic sensorial experience to the user ([page 1; line 34) and this involves applying a known technique to a similar device to yield predictable results.
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 HELEN G GHEBRESELASSIE whose telephone number is (571)270-0196. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 5712701241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELEN GHEBRESELASSIE/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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