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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, and 14 are 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 1 recites “one of the first component and the second component includes a first engagement part and a second engagement part that engage with an other one of the first component and the second component, wherein the first engagement part engages with the other one of the first component and the second component in a manner different from the second engagement part, and wherein the first engagement part is disposed at a first side of the one of the first component and the second component, and the second engagement part is disposed at a second side opposite to the first side”. It is unclear whether both or only one of the first component and second component comprise a first engagement part and a second engagement part. The examiner has taken the interpretation that the claim requires only one of the first component and second component to comprise a first engagement part and a second engagement part.
Claim 2 recites “the first engagement part engages with the other one of the first component and the second component as the second engagement part engages with the other one of the first component and the second component”. The language is confusing and is unclear exactly what structure is intended by the limitation. The examiner has interpreted the claim as the first engagement part engaging with the component part at the same time that the second engagement part engages with the component part.
Claim 14 recites “the step includes engaging a second engagement part disposed at a second side of one of the first component and the second component, with an other one of the first component and the second component, and engaging a first engagement part disposed at a first side of the one of the first component and the second component opposite to the second side”. It is unclear whether both or only one of the first component and second component comprise a first engagement part and a second engagement part. The examiner has taken the interpretation that the claim requires only one of the first component and second component to comprise a first engagement part and a second engagement part.
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MONSEES et al. (US 2016/0366947).
Monsees teaches a flavor inhaler comprising a first component (20 in figure 5); and a second component (30a in figure 5) to be connected to the first component in a manner that allows attachment/detachment of the second component (see figures 11-12), wherein the second component includes a first engagement part (2421 in figure 24B or magnetic coupling of para. 0250) and a second engagement part (2404 in figure 24A or friction coupling of para. 0250) that engage with the first component, wherein the first engagement part engages with the first component in a manner different from the second engagement part, and wherein the first engagement part is disposed at a first side of the one of the first component and the second component, and the second engagement part is disposed at a second side opposite to the first side (see figures 24A and 24B).
Regarding claim 2, Monsees teaches the first engagement part engages with the first component as the second engagement part engages with the first component (para. 0250, 0334-0335).
Regarding claim 3, Monsees teaches the first engagement part engages with the first component as the first engagement part is urged in a predetermined direction by the second engagement part (para. 0250, 0334-0335).
Regarding claim 4, Monsees teaches the first engagement member may include a spring-loaded member (para. 0338); wherein a spring-loaded member would inherently engages with the first component after the second engagement part engages with the first component.
Regarding claim 5, Monsees teaches the first component includes a recess, a notch, or a hole, and wherein the first engagement part is a protrusion that engages with the recess, the notch, or the hole (para. 0029).
Regarding claim 6, figure 5 shows with the first component and the second component connected with each other, a portion of the second component exposed from the first component has a length along the first side that is greater than a length along the second side.
Regarding claim 7, Monsees teaches the second component includes a surface-treated part having an increased friction, the surface-treated part being provided at a surface along the first side of a portion of the second component, the portion being a portion that, with the first component and the second component connected with each other, is exposed from the first component (para. 0250).
Regarding claim 8, figure 24A shows the second engagement part (2404) is a ridge having a tapered face, and wherein upon engagement of the second engagement part with the other one of the first component and the second component, the second engagement part urges the first engagement part from the second side toward the first side.
Regarding claim 9, figures 11-12 show the first component includes an opening capable of receiving the second component.
Regarding claim 10, when viewed in a direction of attachment/detachment, figures 11-12 show the opening has an out-of-round shape to reduce rotation of the second component in a circumferential direction with respect to the direction of attachment/detachment.
Regarding claim 11, figure 27B shows the opening is defined by an open end (2725), the open end being inclined with respect to a plane perpendicular to a direction of attachment/detachment.
Regarding claim 12, Monsees teaches that the second component is a mouthpiece (para. 0232).
Regarding claim 13, Monsees teaches the second component includes an atomization unit that atomizes an aerosol source (para. 0232).
Regarding claim 14, Monsees teaches a method for manufacturing a flavor inhaler comprising a step of connecting a second component to a first component that constitutes a flavor inhaler (para. 0250, 0334-0335), wherein the step includes engaging a second engagement part disposed at a second side of the second component with the first component (friction coupling of para. 0250 or locking gaps 2404 of para. 0334-0035), and engaging a first engagement part (magnetic coupling of para. 0250 or detent 2421 of para. 0334-0035) disposed at a first side of the second component opposite to the second side, in a manner different from the second engagement part.
Regarding claim 15, Monsees teaches by engaging of the second engagement part with the other one of the first component and the second component, urging the first engagement part in a predetermined direction to engage the first engagement part with the other one of the first component and the second component (para. 0250, 0334-0335).
Conclusion
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/CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741