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 4 and 8 are objected to because of the following informalities:
Claim 4, line 3, “that be attracted to magnets” should read “that can be attracted to magnets”.
Claim 8, line 2, “on top side of the shell” should read “on a top side of the shell”
Claim 8, line 3, “on bottom side of the shell” should read “on a bottom side of the shell”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 is indefinite for reciting “cigarette holder” because it is unclear to what the cigarette holder is referring to. It is not clear whether or not a cigarette holder is something that holds a separate cigarette. However, according to the Applicant’s instant specification, the cigarette holder is illustrated as a mouthpiece portion and there is no drawing or specification-description about an actual cigarette being held. For examination purposes, a cigarette holder will be interpreted as a mouthpiece.
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)(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 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hwang et.al. (US 20240365859 A1).
Regarding claim 1, Hwang directed to a vaporizing device (i.e. electronic cigarette) with magnetic components ([0053]); discloses an electronic cigarette comprising:
an external housing 10 (i.e. shell) ([0039]; [0047])
atomizer (i.e. an atomizing main part) ([0058]) arranged in the shell ([0061)], and
the shell is provided with magnets 58 (i.e. magnetic component) ([0053]) to attach the vaporizing device 100 to external objects such as a fridge, table, etc. ([0056]; [0058]).
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Annotated from Hwang FIG. 2A and FIG. 2B
Regarding claim 9, Hwang teaches two vaporizing devices 206 and 208 in various combined configurations and orientations ([0088]; FIG. 9, FIG. 11A-11C). Hwang further discloses the first and second vaporizing devices 206, 208 are the vaporizing device 100 of FIGS. 1A-8 (i.e., each vaporizing device comprise a shell and an atomizing main part arranged inside the shell and the shell is provided with a magnetic component that can be magnetically attached to external objects, [0039]; [0047]; [0053]; [0056]; [0058]); and as a result, vaporizing devices can be attracted with each other under the adsorption of the magnetics components ([0079]; [0088]; [0093]).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 2-3, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20240365859 A1) as applied to claim 1 above and further in view of Mora et al. (US 20210282513 A1).
Regarding claim 2, Hwang discloses an electronic cigarette with magnetic components according to claim 1, comprises a pair of magnets 58 (i.e. first and second magnetic pieces) embedded near the distal end 15 of the body 11 of the external housing 10 (i.e. surface of the shell) ([0053]; FIG. 2A-2B & FIG. 4). Furthermore, the strength of each pair of magnets can tightly hold or connect two vaporizing devices ([0079]).
Hwang further discloses “two magnets may be symmetrically embedded within opposing sides of the body. The magnets may allow the vaporizing device 100 to be attached to another magnetic surface, such as fridge” ([0056]). Furthermore, the back face of the vaporizing device forms a substantially planar face, allowing the back face of the device to be magnetically connectable to another flat surface or to another vaporizing device ([0047]; [0088]), FIG. 2B, FIG. 9).
Hwang does not explicitly disclose a first magnetic piece embedded on a front surface of the shell.
Mora directed to electronic device case with a magnetically-coupled wallet attachment (Abstract), discloses a flat-bodied device having a first plurality of alternating polarity magnets on the first front side and a second plurality of alternating polarity magnets on the first back side ([0006]; [0008]).
Mora further discloses a first accessory device 3910 with a first set of magnets placed at the top-front surface of the device 3910 (i.e., front surface of the shell) and another set of magnets placed at the top-back surface of the device 3910 (i.e. rear surface of the shell) ([0113]; FIG. 39).
Mora additionally discloses that by using magnetic surface-side attachments, multiple devices can be stacked one on top of each other ([0098]; FIG. 22- 23).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by providing additional magnet placement on the front surface of a device as taught by Mora, because both Hwang and Mora are directed to a magnetic alignments of electronic devices, Mora teaches placement of magnets on both front and back surfaces of a device or device-side attachments in order to provide an alternative magnetic attachment with external objects from either face ([0087], FIG. 13A-C; [0103]; [0105]; [0113]), and this involves applying a known teaching to a similar device to yield predictable results.
Furthermore, the Examiner recognizes placement of magnets on opposite sides of the shell surface merely represents a predictable positional arrangement of known magnetic attachments. It would have been an obvious design choice to facilitate multiple attachment orientations. (See MPEP § 2144.04 VI. C).
Regarding claim 3, Hwang discloses an electronic cigarette according to claim 2, wherein “each pair of magnets includes a positive magnet (e.g., a south pole) and a negative magnet (e.g., a north pole)” [0063]; [0064].
Hwang further discloses “magnets 58 are disposed about the vaporizing device 100 according to polarity, such that at least two pairs of North/South magnets 58 are aligned with each other” [0053]; FIG. 4.
Regarding claim 5, Hwang discloses an external housing of a vaporizing device 100 includes a body having a substantially planar (i.e. flat) opposing surfaces configured for magnetic attachment and device coupling ([0017]; [0019]; [0078]). Furthermore, “the external housing 10 includes a body 11 having a curved front face 18 and a flat or planar back face 17” [0047], FIG 2A, FIG 2B. Hwang further explains that the shape of the vaporizing device 100, with the substantially planar back face, can also be used to orient the vaporizing device 100 ([0048]).
Hwang further discloses that a planar back face 17 of the external housing allows the vaporizing device to be connectable to another flat surface or to another vaporizing device. In addition, a connection of two flat surfaced devices or vaporizing devices is flush with no air gaps allowing the devices to be attached with a tight seal between the planar back faces [0047]; [0071]; [0078].
Hwang does not explicitly disclose the front surface of the shell as flat.
However, as Hwang identified the importance of magnetic alignment on flat surfaces of the vaporizing devices in order to maximize surface contact between devices thereby improving magnetic stability and attachment reliability [0047]; [0071]; [0078], it would be obvious to provide the front surface of the vaporizing device with an additional flat surfaced shell because this merely involves applying a known and disclosed teaching to yield predictable results. One having ordinary skill in the art would expect that placing magnets on flat surfaces provides a tight seal between the connected devices, absent evidence to the contrary.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Mora as applied to claim 2 above, and further in view of Fakir (US 20250024882 A1).
Regarding claim 4, Hwang discloses a pair of magnets 58 are embedded on the housing of the vaporizing device 100 for attachment ([0053]; [0056]). However, Hwang does not explicitly disclose that one magnetic piece is replaced by attractable metal.
Mora discloses magnetic attachments can be secured by attaching set of magnets to ferrous metal surfaces ([0104]; [115]).
Alternatively, Fakir directed to vaporizing devices (i.e. electronic cigarette) with magnetic attachments teaches a first upper and lower magnetic attachment and a second upper and lower magnetic attachments (i.e. first and second magnetic pieces) are magnetic and metal ([0009]). Additionally, Fakir teaches a magnet can be placed on one side of the vaporizer back and a ferrous metal on the other [0063].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by substituting one of the magnetic pieces with a magnetically attractable metal piece as taught by Mora and Fakir, because both Hwang, Mora and Fakir are directed to electronic devices that utilize magnetic pieces for attachment, Mora teaches magnetic attachment to metal surfaces ([0115]) and Fakir teaches use of a ferrous metal in place of a second magnet is a well-known alternative magnetic attachment configuration and represents an obvious substitution of known equivalents ([0063]) and this merely involves applying a known type of magnetic connection of a similar product to yield predictable results.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Mora as applied to claim 2 above and further in view of Most et al. (US 10326220 B1).
Regarding claim 6, Hwang discloses a vaporizing device with magnetic pieces arranged on the device for magnetic attachment functions, but is silent on the specific shape of the magnetic pieces used.
Most directed to a portable electronic device utilizing a magnetically and electrical connection mechanism discloses first and second annular magnets 170a, 170b having recessed surfaces ([0035]). Furthermore, “the outer sleeve 130 is a substantially cylindrical member that is sized to receive the outward periphery of the annular magnets 170” (FIG. 2A).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by providing annular ring-shaped magnetic pieces as taught by Most, because both Hwang and Most are directed to electronic devices utilizing magnetic pieces for magnetic attachment functions, Most teaches annular shaped magnets used for attachment purposes in a cylindrical shaped electronic device (FIG. 1A-1B, 2A). The selection of annular ring or disc shaped magnets represents an obvious design choice which yields predictable results. (See MPEP § 2144).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Mora as applied to claim 2 above, and further in view of Wu (CN208597721U hereinafter referring to the English Translation provided).
Regarding claim 7, Hwang discloses an electronic cigarette with magnetic pieces according to claim 2.
Hwang do not explicitly disclose a wireless charging coil included in the electronic cigarette.
Wu directed to an electronic cigarette with a wireless charging device ([0008]; [0014]), includes a housing (i.e. shell) and a transmitting coil and receiving coil (“wireless charging coil”), first and second magnet, rechargeable battery, and a second magnet disposed within the housing ([0014]; [0021]). Wu further discloses a heating element (“atomizing main part”) electrically connected to the first end of the connecting base of the wireless charging coil ([0024]; [0044]).
Wu further discloses wireless charging makes charging convenient and improves charging accuracy ([0039)] which is in line with the Applicant’s instant specification regarding the wireless charging coil.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by providing a wireless charging coil as taught by Wu, because Hwang and Wu are directed to electronic cigarette devices with magnetic components, Wu teaches placing a wireless charging coil close to a magnetic component facilitates charging alignment between the electronic cigarette and a wireless charger which maximizes electromagnetic induction, resulting in a convenient charging experience ([0024]; [0044]) and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 8, Hwang disclose an electronic cigarette wherein a mouthpiece 30, see FIG. 2A, FIG 2B, FIG 3, (i.e. cigarette holder) is provided on top side of a housing 10 (i.e. shell) ([0039]; [0067]), and an air hole (i.e. air inlet hole) is provided at the distal end 15 and curved bottom of the device 16 (i.e. bottom side of the shell); and the atomizing main part comprises:
an atomizer (i.e. atomizing component) ([0038]; [0044]), which is connected to the cigarette holder ([0050]) and arranged inside a shell;
“a battery or other power source for providing power (e.g., an electrical current) to an atomizer of the vaporizing device 100” [0042]; ([0055]; [0061]; [0062]).
Hwang further discloses “a printed circuit board” included at the distal end of the electronic cigarette ([0057]).
However, Hwang does not explicitly disclose a control circuit board electrically connected to the wireless charging coil.
Wu discloses an electronic cigarette including a heating element (i.e. atomizing main part), a connector, a heat shield, a main body, and a control circuit board arranged within the main body of an electronic cigarette ([0008]; [0024]). Wu further discloses a rechargeable battery arranged inside a shell ([0039]);
Wu further discloses a heating element (“atomizing main part”) and a circuit board connected via a connector ([0025]). A circuit board is electrically connected to the first end of the connecting base of the wireless charging coil ([0024]; [0038]; [0044]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by providing a control circuit board electrically connected to the wireless charging coil, the rechargeable battery and an atomizing component as taught by Wu, because both Hwang and Wu are directed to electronic cigarette devices with magnetic components, Wu teaches electrical connection of a control circuit board with wireless charging coil, the rechargeable battery and an atomizing component so as to facilitate charging alignment between the electronic cigarette and a wireless charger, resulting in electromagnetic induction charging([0024]; [0038];[0044]) and this involves applying a known teaching to a similar device to yield predictable results.
Conclusion
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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