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 Arguments
Applicant’s arguments filed 07/07/2026 have been fully considered. With respect to claim 1, Applicant’s arguments regarding the failure of CN ’549 to disclose the newly added placement-portion configuration are persuasive to the extent that CN ’549 alone does not expressly teach the amended limitation. However, the argument is moot with respect to the present rejection because claim 1 is now rejected under 35 U.S.C. § 103 over CN ’549 in view of Perez et al., wherein Perez is relied upon to address the newly added placement-portion configuration.
Election/Restrictions
Claims 7-10, 13 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim.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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1-2 are rejected under 35 U.S.C. § 103 as being unpatentable over Machine Translation of CN207767549 (“CN ’549”) in view of Perez et al. (US 2018/0084836 A1).
Regarding claim 1, CN ’549 teaches a flavor inhaler comprising:
a first housing (front outer casing 10 and rear outer casing 20; ¶ [0012]; Fig. 1–2) that has an opening (upper opening through which bottle 4 and the atomizing structure extend; Fig. 1–2), an accommodating portion that accommodates an article to be accommodated being formed therein (interior of outer casings 10, 20 accommodating bottle 4; ¶ [0025]; Fig. 2); and
a placement portion (front inner casing 11 and rear inner casing 21; ¶ [0025]; Fig. 2) that has an outer shape that follows an inner surface of the accommodating portion (inner casings 11, 21 disposed within and conforming to outer casings 10, 20; Fig. 2), has an internal space where the article to be accommodated is placed (internal receiving space for bottle 4; ¶ [0027]; Fig. 2), and is disposed inside the accommodating portion (inner casings 11, 21 disposed inside outer casings 10, 20; ¶ [0025]; Fig. 2),
wherein an opening area of the opening is smaller than a maximum sectional area of the accommodating portion (upper opening is smaller than the maximum transverse sectional area of the housing; Fig. 1–2) and a maximum sectional area of the placement portion including the internal space (placement portion 11, 21 and its bottle-receiving internal space have a greater maximum transverse sectional area than the upper opening; Fig. 2), and
wherein the placement portion has a first placement portion (rear inner casing 21; ¶ [0025]; Fig. 2) and a second placement portion (front inner casing 11; ¶ [0025]; Fig. 2).
However, CN ’549 does not explicitly teach the second placement portion having a bottom wall and a side wall extending around three edges of the bottom wall, the first placement portion forming a fourth side wall along an edge of the bottom wall that is to be combined with the second placement portion to form an internal space of the placement portion having an open top.
Perez teaches a housing formed from cooperating structural portions (first outside portion 200, middle portion 202, and second outside portion 204 fitted together to form housing 102; ¶ [0032]; Fig. 2).
Perez further teaches an open receiving region for a removable article (tank-receiving region 209 configured to receive disposable tank 104; ¶ [0032]; Fig. 2).
Perez further teaches insertion and removal of the disposable tank from the housing (disposable tank 104 inserted into and removed from housing 102; ¶ [0040]).
Both CN ’549 and Perez are directed to electronic-cigarette devices having multi-piece structures for receiving and supporting a removable liquid-containing article, and Perez teaches an open receiving arrangement that facilitates insertion and removal of the disposable tank.
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 second placement portion (front inner casing 11 of CN ’549) to have a bottom wall and a side wall extending around three edges of the bottom wall, and the first placement portion (rear inner casing 21 of CN ’549) to form a fourth side wall along the remaining edge of the bottom wall, the first and second placement portions being combined to form an internal space having an open top, as suggested by Perez’s open, multi-piece receiving arrangement, in order to facilitate insertion, removal, and replacement of bottle 4 while predictably retaining the supporting function of CN ’549’s placement structure.
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(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Machine translation of (CN207767549) (“CN ’549”) in view of Perez et al. (US 2018/0084836 A1) 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 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Machine translation of (CN207767549) (“CN ’549”) in view of Perez et al. (US 2018/0084836 A1) 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.
Regarding claim 14, the combination of CN ’549, Perez, and Clough teaches the flavor inhaler according to claim 12, as discussed above.
Clough further teaches wherein the placement portion does not extend into the second housing, wherein the internal components of elongate main body 4 remain within main body 4, while capsule 16 having housing 18 is separately received at capsule seating 12 at the end of main body 4. Fig. 1b.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the placement portion of modified CN ’549 such that it remains within the first housing and does not extend into the second housing, as taught by Clough, thereby maintaining separation between the internal supporting structure of the main housing and the separately received second housing.
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 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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