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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species I in the reply filed on 03/26/2026 is acknowledged.
Claims 7-10, 13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/26/2026.
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.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Machine translation of (CN207767549) (“CN ’549”).
Regarding claim 1, CN ’549 teaches a flavor inhaler (electronic cigarette) comprising:
a first housing (10, 20) that has an opening (top opening), an accommodating portion (inner space of 10, 20) that accommodates an article to be accommodated being formed therein; and
CN ’549 teaches a first housing including a front outer casing (10) and a rear outer casing (20) that together form the housing (¶ [0012]; Fig. 1–2).
CN ’549 teaches an opening at a top portion of the first housing through which an atomizing structure and/or bottle extends (Fig. 1–2).
CN ’549 teaches an accommodating portion defined by an inner space of the outer casings (10, 20) that accommodates an article, such as an e-liquid bottle (4) (¶ [0012]; ¶ [0025]; Fig. 2).
and a placement portion (11, 21) that has an outer shape that follows an inner surface of the accommodating portion, has an internal space where the article to be accommodated is placed, and is disposed inside the accommodating portion
CN ’549 teaches a placement portion including a front inner casing (11) and a rear inner casing (21) disposed inside the accommodating portion (¶ [0012]; ¶ [0025]; Fig. 2).
CN ’549 teaches the inner casings (11, 21) are mounted within and conform to the interior of the outer casings (10, 20), thereby having an outer shape that follows an inner surface of the accommodating portion (¶ [0014]–[0015]; Fig. 1–2).
CN ’549 teaches the placement portion defines an internal space where the article is placed, such as the groove formed in the rear inner casing (21) that receives the e-liquid bottle (4) (¶ [0027]; Fig. 2).
wherein an opening area of the opening is smaller than a maximum sectional area of the accommodating portion and a maximum sectional area of the placement portion including the internal space
CN ’549 teaches the top opening is dimensioned to allow passage of the atomizing structure while the main body of the housing defines a larger internal cross-section (Fig. 1; Fig. 2), thereby indicating the opening area is smaller than a maximum sectional area of the accommodating portion.
CN ’549 teaches the placement portion (11, 21), including the internal space receiving the article, occupies a larger cross-sectional region within the housing than the top opening (¶ [0025]; Fig. 2), thereby indicating the opening area is smaller than a maximum sectional area of the placement portion.
and the placement portion (11, 21) has a first placement portion (21), and a second placement portion (11) that is to be combined with the first placement portion
CN ’549 teaches the placement portion includes a first placement portion (rear inner casing 21) and a second placement portion (front inner casing 11) (¶ [0012]; Fig. 2).
CN ’549 teaches the first placement portion (21) and the second placement portion (11) are combined with each other when the front shell (1) and rear shell (2) are assembled together, thereby forming the placement portion disposed within the first housing (¶ [0012]; ¶ [0025]; Fig. 1–2).
Regarding claim 2, CN ’549 further teaches:
wherein the first placement portion has a first engagement portion that is provided at a location where the first placement portion is combined with the second placement portion
CN ’549 teaches a rear inner casing (21) (first placement portion) that is combined with a front inner casing (11) (¶ [0012]).
CN ’549 teaches the rear inner casing (21) includes mating structural portions located at positions where the rear inner casing (21) meets the front inner casing (11) during assembly (¶ [0025]; Fig. 2).
and the second placement portion has a second engagement portion that is provided at the combined location
CN ’549 teaches the front inner casing (11) (second placement portion) includes corresponding mating structural portions positioned to align with the rear inner casing (21) at the same combined location (¶ [0025]; Fig. 2).
and is engaged with the first engagement portion
CN ’549 teaches that the front inner casing (11) and the rear inner casing (21) are fixed together such that the corresponding mating structural portions contact and interfit with one another to secure the inner casings in position (¶ [0026]).
CN ’549 further shows the assembled engagement of the front inner casing (11) and rear inner casing (21) in the device structure (Fig. 2).
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(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Machine translation of (CN207767549) (“CN ’549”) as applied to claim 2 above, and further in view of Bowen et al. (US 2018 / 0070646).
Regarding claim 3, CN ’549 teaches the flavor inhaler according to claim 2.
CN ’549 teaches a first housing including a front shell 1 and a rear shell 2 (¶ [0012]; Fig. 2).
CN ’549 teaches a first placement portion and a second placement portion, including front inner shell 11 and rear inner shell 21 (¶ [0025]; Fig. 2).
CN ’549 teaches a first connector 6 and a second connector 7 that engage when the shells are closed (¶ [0026]).
CN ’549 teaches that the first and second connectors 6, 7 are connected together when the shells are closed to position components relative to one another (¶ [0028]).
However, CN ’549 does not explicitly teach:
that in a width direction, a thickness direction, and a height direction that perpendicularly intersect each other,
the first engagement portion includes a width-direction first engagement portion, a thickness-direction first engagement portion, and a height-direction first engagement portion,
the second engagement portion includes a width-direction second engagement portion, a thickness-direction second engagement portion, and a height-direction second engagement portion, and
that the first placement portion and the second placement portion are positioned in each of the width, thickness, and height directions by corresponding engagement portions being engaged with each other, as recited.
Bowen teaches engagement structures that constrain components in multiple orthogonal directions.
Bowen teaches locking gaps formed on lateral surfaces of a cartridge base (¶ [0011]).
Bowen teaches detents formed on inner wall surfaces of a receptacle that engage the locking gaps (¶ [0011]).These structures provide engagement along lateral (wall-facing) directions, corresponding to thickness-direction and height-direction engagement portions.
Bowen teaches that the cartridge is inserted into a receptacle and retained via engagement at interface surfaces (¶ [0309]). This requires engagement at surfaces transverse to the insertion direction, corresponding to a width-direction engagement portion.
Bowen teaches locking gaps and detents that secure the cartridge relative to the receptacle (¶ [0310]).This demonstrates that engagement occurs in multiple orthogonal directions, positioning the components relative to one another.
Both CN ’549 and Bowen are in the same field of electronic cigarette devices and address structural assembly and component retention within a housing, thereby making the combination reasonable and predictable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ’549 to include engagement portions corresponding to width, thickness, and height directions that engage to position the placement portions in multiple orthogonal directions, as taught by Bowen (¶ [0011]; ¶ [0309]; ¶ [0310]), so that the components are securely positioned and constrained during assembly and use.
One would have been motivated to make this modification to improve positional stability and secure engagement between components, as taught by Bowen (¶ [0319]).
Regarding claim 4, CN ’549 teaches the flavor inhaler according to claim 3 (¶ [0012]).
CN ’549 teaches a first housing including a front shell 1 and rear shell 2, with outer casings 10 and 20 (¶ [0012]; Fig. 2).
CN ’549 teaches the first housing has a bottom portion, as shown by the lower/base portion of the outer casings (¶ [0025]; Fig. 2).
CN ’549 teaches a wall portion that stands from an outer edge of the bottom portion, as shown by the side walls of the outer casings extending upward from the base (¶ [0025]; Fig. 2).
CN ’549 teaches a first placement portion and a second placement portion, including front inner shell 11 and rear inner shell 21 that cooperate when the shells are assembled (¶ [0025]; Fig. 2).
CN ’549 teaches engagement between the placement portions, including first connector 6 and second connector 7 that engage when the shells are closed (¶ [0026]).
CN ’549 further teaches that the connectors are connected when the shells are closed to position components relative to one another (¶ [0028]).
However, CN ’549 does not explicitly teach that:
the width-direction first engagement portion and width-direction second engagement portion face the bottom portion,
the thickness-direction first engagement portion and thickness-direction second engagement portion face the wall portion, and
the height-direction first engagement portion and height-direction second engagement portion face the wall portion, as recited.
Bowen teaches engagement structures arranged on different orthogonal surfaces of mating components.
Bowen teaches locking gaps formed on lateral surfaces of a cartridge base (¶ [0011]).These lateral surfaces correspond to wall-facing engagement portions (thickness-direction and height-direction engagement portions facing the wall portion).
Bowen teaches detents formed on inner wall surfaces of a receptacle that engage the locking gaps (¶ [0011]).This further confirms engagement occurring along wall-facing surfaces.
Bowen teaches that the cartridge is inserted into a receptacle and retained via engagement at interface surfaces (¶ [0309]). This requires engagement at surfaces transverse to the insertion direction, corresponding to bottom-facing engagement portions (width-direction engagement portions facing the bottom portion).
Bowen teaches locking gaps and detents that secure the cartridge relative to the receptacle (¶ [0310]).
This demonstrates multi-directional constraint, i.e., engagement portions distributed across bottom-facing and wall-facing surfaces.
Both CN ’549 and Bowen are in the same field of electronic cigarette devices and address structural assembly and component retention within a housing, thereby making the combination reasonable and predictable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ’549 to arrange engagement portions on different surfaces of the housing, including bottom-facing and wall-facing surfaces, as taught by Bowen (¶ [0011]; ¶ [0309]; ¶ [0310]), so that the placement portions are constrained and secured in multiple orthogonal directions during assembly and use.
One would have been motivated to make this modification to improve positional stability and secure engagement between components, as taught by Bowen (¶ [0319]).
Regarding claim 5, CN ’549 teaches the flavor inhaler according to claim 4.
CN ’549 teaches the first housing including wall portions defined by the outer shells 10 and 20 extending upward from the bottom portion (¶ [0025]; Fig. 2).
CN ’549 teaches first and second placement portions (front inner shell 11 and rear inner shell 21) that are arranged within the housing and engage when the shells are assembled (¶ [0025]; Fig. 2).
CN ’549 teaches engagement between components via first connector 6 and second connector 7 when the shells are closed (¶ [0026]; ¶ [0028]).
However, CN ’549 does not explicitly teach that:
the thickness-direction first engagement portion and the thickness-direction second engagement portion are provided at each of a pair of the wall portions facing each other, and
the height-direction first engagement portion and the height-direction second engagement portion are provided at each of the pair of the wall portions facing each other, as recited.
Bowen teaches engagement structures arranged on opposing wall surfaces of mating components.
Bowen teaches locking gaps formed on lateral surfaces of a cartridge base (¶ [0011]).
Bowen teaches detents formed on inner wall surfaces of a receptacle that engage the locking gaps (¶ [0011]).
These lateral surfaces correspond to opposing wall portions facing each other, with engagement portions provided on each wall.
Bowen teaches that the cartridge is inserted into the receptacle and retained via engagement between these opposing structures (¶ [0309]) and locking gaps and detents that engage to secure the cartridge within the receptacle (¶ [0310]).
This demonstrates that pairs of engagement portions are provided on opposing wall portions facing each other, corresponding to the claimed thickness-direction and height-direction engagement portions.
Both CN ’549 and Bowen are in the same field of electronic cigarette devices and address structural assembly and component retention within a housing, thereby making the combination reasonable and predictable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ’549 to provide engagement portions on opposing wall portions facing each other, as taught by Bowen (¶ [0011]; ¶ [0309]; ¶ [0310]), so that the placement portions are secured between opposing wall surfaces and constrained in multiple directions.
One would have been motivated to make this modification to improve secure retention and alignment between components, as taught by Bowen (¶ [0319]).
Regarding claim 6, CN ’549 teaches a flavor inhaler including a first housing and a placement portion (inner casings 11, 21) disposed therein, wherein the placement portion includes structures (e.g., grooves, receiving portions, and mating features) formed as part of the inner casings (¶¶ [0012], [0025]–[0027]; Fig. 2).
However, CN ’549 does not explicitly teach that the thickness-direction first engagement portion and the height-direction first engagement portion are integrally formed, and that the thickness-direction second engagement portion and the height-direction second engagement portion are integrally formed.
Bowen teaches a vaporizer device having housing components with engagement features such as protrusions, recesses, and interlocking portions formed as part of the same structural component (¶ [0030]). Bowen further teaches that such engagement features are formed on the same housing structure and cooperate to secure and position components relative to one another (¶ [0032]). Bowen additionally teaches that these engagement features are integrally formed with the housing walls (¶ [0042]).
Both CN ’549 and Bowen are in the same field of electronic cigarette devices and address structural assembly and component retention within a housing, thereby making the combination reasonable and predictable.
Therefore, 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 placement portions (inner casings 11, 21) of CN ’549 to have the engagement portions integrally formed as part of the same structure, as taught by Bowen, in order to simplify manufacturing, reduce part count, and improve structural stability of the engagement between components.
As modified, the combined teachings of CN ’549 and Bowen teach:
the thickness-direction first engagement portion and the height-direction first engagement portion are integrally formed, as Bowen teaches multiple engagement features formed on a single housing structure (¶¶ [0030], [0042]); and
the thickness-direction second engagement portion and the height-direction second engagement portion are integrally formed, as Bowen teaches corresponding engagement features on a mating housing component that are likewise integrally formed (¶¶ [0032], [0042]).
Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Machine translation of (CN207767549) (“CN ’549”) as applied to claim 1 above, and further in view of Clough et al. (US 2021/0059305 A1).
Regarding claim 11, CN ’549 teaches: a housing formed by a front shell (1) and a rear shell (2) (¶ [0012]), a front inner shell (11) (¶ [0025]) and further teaches a rear inner shell (21) (¶ [0025]).
The inner shells (11, 21) define structurally distinct placement portions for supporting components within the housing (¶ [0025]).
However, CN ’549 does not teach: a slide member that is provided slidably with respect to the first housing, and a sensor that detects an operation of the slide member.
Clough teaches an electronic cigarette including:
a slide member that is provided slidably with respect to the first housingClough teaches an elongate main body (4) (Fig. 1a; Fig. 4a) and a slideable panel (60) connected to the elongate main body and movable relative thereto (¶ [0088]; Fig. 3a; Fig. 3b).Clough further teaches rail members (62) on the main body and connectors (64) on the panel configured to slide along the rail members (¶ [0091]; Fig. 3c; Fig. 5a) .Thus, Clough teaches a slide member provided slidably with respect to the housing.
a sensor that detects an operation of the slide memberClough teaches an electronic switch (93) disposed on a printed circuit board (94) within the main body (¶ [0106]; Fig. 4a; Fig. 4b) .Clough further teaches an engagement element (95) on the slideable panel configured to physically actuate the switch (93) when the panel moves (¶ [0107]; Fig. 4a) and that the switch (93) is activated based on movement and position of the slideable panel (¶ [0107]) .Accordingly, the switch (93) detects operation of the slide member.
CN ’549 and Clough are directed to electronic cigarette devices and are in the same field of endeavor. CN ’549 provides a housing with internal placement portions for supporting components, while Clough teaches integrating a slideable panel (60) with the housing (4) using rail members (62) and connectors (64) to enable controlled movement, and further teaches coupling that movement to device operation via a switch (93) actuated by an engagement element (95).
Therefore, 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 housing of CN ’549 to include the slideable panel (60) of Clough and the associated switch-actuation structure (93, 95), in order to provide a user-operable sliding interface that controls device operation based on panel movement, thereby improving usability, enabling controlled activation, and integrating mechanical movement with electrical control as taught by Clough.
Regarding claim 12, CN ’549 teaches a flavor inhaler (electronic cigarette) (¶ [0002]).
a second housing that covers the opening of the first housing
CN ’549 teaches a housing formed by a front shell 1 and a rear shell 2 (¶ [0012]).
CN ’549 teaches the front shell 1 (including front outer shell 10 and front inner shell 11) defines a first housing (¶ [0025]; Fig. 2).
CN ’549 teaches the rear shell 2 (including rear outer shell 20 and rear inner shell 21) is a separate structure that mates with the front shell 1 (¶ [0025]; Fig. 2).
CN ’549 teaches that, when assembled, the rear shell 2 encloses and covers the open side of the front shell 1 (¶ [0025]; Fig. 1).
Accordingly, the rear shell 2 corresponds to the claimed “second housing” that covers the opening of the first housing.
However, CN ’549 does not teach:
a lid portion that covers at least a part of the second housing
wherein an indication related to the flavor inhaler is described on an outer surface of the second housing
and the lid portion covers the indication entirely.
Clough teaches:
a lid portion that covers at least a part of the second housing
Clough teaches a panel 60 (¶ [0088]).
Clough teaches the panel 60 is movable relative to the device housing (¶ [0088]).
Clough teaches the panel 60 extends over and covers a portion of the housing in an extended position (¶ [0090]; Fig. 3A–3B).
wherein an indication related to the flavor inhaler is described on an outer surface of the second housing
Clough teaches light sources 91e–91i that provide device-related information (¶ [0110]; Fig. 6).
Clough teaches the light sources provide visible indications of device status to a user (¶ [0118]).
and the lid portion covers the indication entirely
Clough teaches the panel 60 obscures the light sources 91e, 91f, 91g, and 91h when in the extended position (¶ [0116]).
CN ’549 and Clough are directed to electronic cigarette devices and are in the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ’549 to include the movable panel of Clough so as to cover at least a portion of the housing and selectively conceal device indications.
One would be motivated to do so to protect the device and selectively conceal visual indicators while improving usability and device durability, as taught by Clough (¶ [0004]).
To the extent the “indication related to the flavor inhaler” recites informational content, such content is non-structural and does not further limit the claimed article. However, the claim still requires an indication associated with the housing and a lid portion that covers the indication entirely, which are structural limitations addressed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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