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 § 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) 1-3, 6-7, 11, 14-15, 19, 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lui et al (US 2014/0020697).
Regarding claim 1, Ampolini discloses, A disposable (no claimed structure makes the device specific to being disposable) vapor device comprising: a housing (See Fig 2); a removable power source detachably engageable with the housing (Fig 2 shows the battery 84 being detachable engaged with the housing, a second battery may be used meaning the first battery is removable, See Paragraph [0014] Battery 913 is also a removable battery detachably engaged with the housing, See Paragraph [0039], Fig 6); and a microprocessor contained within the housing and configured to cause the disposable vapor device to produce an aerosol from an aerosol precursor composition , the microprocessor configured to switchably direct power from the removable power source to power the disposable vapor device and produce the aerosol. (a switch 914 controls the circuit board for activating the power supply in order to produce the aerosol. See Paragraph [0038]) Regarding claim 2, Fig 2 shows the housing having a volume with three dimensions, with a height being longer than the width and the thickness being a shorter distance than the length or width. Regarding claim 3, Fig 2 shows the housing has a face area. Regarding claim 6, the power socket 74 is provided in the housing for charging the battery. (See Paragraph [0035]) Regarding claim 7, element 91 is a removable power source and is has a charging interface via wireless charging receiver 7’. (See Paragraphs [0038], [0039]) Regarding claim 9, the battery 84 has a face with a first dimensions longer than the second as shown in Fig 2. Regarding claim 11, the power rod 11 is cylindrically shaped. Regarding claim 14, element 90 is a reservoir for storing the liquid precursor. (See Paragraph [0037]) Regarding claim 15, there are two power sources, 84 and 91, or two power rods 91. (See Paragraph [0034]) Regarding claim 19, power rods 91 and battery 84 are coupled with the power outlet either directly or indirectly for charging them. Regarding claim 21, the power rod is wirelessly charged via wireless receiver 7”.
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al (US 2014/0020697) in view of Fleishhauer et al (US 6,040,560).
The teachings of Lui have been discussed above. Lui fails to disclose a mouthpiece protruding from the housing, wherein the mouthpiece is disposed along a longitudinal axis defined between a center point and an end point of the second dimension, wherein the housing is box-shaped and the disposable vapor device comprises an off-center mouthpiece for a user to consume the aerosol produced.
Fleishhauer discloses am aerosol delivery system having a protruding mouthpiece 23 which is off centered from the middle of the housing. It would have been obvious to provide the mouthpiece for allowing the user to take a puff of the aerosol. The centered or off centered design is a matter of design choice and are considered obvious variants as either one exists at the time of the invention.
Claim(s) 8, 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al (US 2014/0020697) in view of Sears et al (US 2014/0209105).
The teachings of Lui have been discussed above. Lui fails to disclose, regarding claim 8, wherein the removable power source is or includes one or more lithium-ion batteries or capacitors; regarding claim 12, a flow sensor positioned within the housing and configured to detect a flow of air through the housing, wherein the microprocessor is further configured to switchably direct the power to an atomizer within the housing, based on signals from the flow sensor, to generate the aerosol.
Sears discloses the power source may be a lithium ion battery. (See Paragraph [0040]). It would have been obvious to one having ordinary skill in the art at the time of the invention, to adapt Lui in view of Sears as Sears shows this is an obvious variant for a battery composition in a device of this type.
Sears discloses a flow sensor 30 and a switch 20 or control component for activating the heating element to produce the aerosol when a puff is detected. (See Paragraph [0049]) It would have been obvious to one having ordinary skill in the art at the time of the invention, to adapt Lui in view of Sears to provide a flow sensor positioned within the housing and configured to detect a flow of air through the housing, wherein the microprocessor is further configured to switchably direct the power to an atomizer within the housing, based on signals from the flow sensor, to generate the aerosol for only cycling the heating element and battery when a user is taking a puff.
Lui fails to disclose, regarding claim 20 the housing includes a universal serial bus (USB) port to which the removable power source is detachably, electrically coupled, and wherein the USB port is for coupling with a USB charging interface of the charging component.
Sears discloses the connections for charging a battery in an aerosol device include a USB connection. It would have been obvious to adapt Lui in view of Sears to provide the USB port and USB charging interface as Sears discloses the is an obvious variant for a charging port for an aerosol smoking device.
Claim(s) 10, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al (US 2014/0020697) in view of Li et al (US 2015/0208730)
The teachings of Lui have been discussed above. Lui fails to disclose, regarding claim 10, the power source is detachably coupled to an outer surface of the hausing.
However, Li discloses an aerosol generating device (see title} that has a power source (power supply 3, Fig. 1), and the power source is detachably coupled to an outer surface of a housing (shell 20, Fig. 1} of the aerosol generating device. See para. 0016. Furthermore, the circuit board assembly (26, Fig. 1) of the aerosol generating device is placed in a heat insulation chamber (262, Fig. 1} of the housing, so that heat from the atomizing chamber (242, Fig. 1), also part of the housing, can be buffered by the heat insulation chamber, hereby advantageously reducing the effects of heat on the power supply 3. See paragraph. 0024.
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 Lui by applying the teachings of Lui io Li, i.e. modifying the arrangement of Lui to be similar to Li, so that the claimed feature of the power source being detachably coupled to an outer surface of the housing is present, in order to reduce the effects of heat on Sears’ power source, as suggested by Li in paragraph. 0024.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al (US 2014/0020697) in view of Sears et al (US 2014/0209105) and Fleishhauer et al (US 6,040,560).
The teachings of Lui have been discussed above. Lui fails to disclose an indicator on the housing, the indicator being configured to display an indicator or indicia to a user when the flow sensor detects a flow of air through the housing.
Fleishhauer discloses a display 51 for displaying an indicator in the form of a LCD display to reflect when a puff has been taken. (See Column 5, Line 60 – Column 6, Line 25)
It would have been obvious to a person having ordinary skill in the art at the time of the invention, to adapt Lui in view of Fleishhauer to provide the indicator being configured to display an indicator or indicia to a user when the flow sensor detects a flow of air through the housing to indicate how many “puffs” are remaining in the device.
Regarding claim 16, Lui discloses a second power source, but fails to disclose the second power source comprises a capacitor. However, Fleishhauer discloses sources of power include a rechargeable battery or capacitor. (See Column 5, Lines 20-35) It would have been obvious to a person having ordinary skill in the art at the time of the invention, to adapt Lui in view of Fleishhauer to provide the capacitor as Fleishhauer shows the capacitor is an obvious variant for a power source in an aerosol device.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al (US 2014/0020697) in view of Liu (US 2015/0164138).
Regarding claims 17-18, Lui ‘697 discloses the processor as discussed above. Lui ‘697 fails to disclose, the microprocessor is configured to switchably direct power from the removable power source and the second power source to power the disposable vapor device and produce the aerosol and direct power from the second power source to power the disposable vapor device, and switch to the removable power source to power the disposable vapor device only after the second power source has discharged by at least a threshold amount.
However, Liu ‘138 discloses an electronic cigarette (see title) that utilizes a primary power source (battery rod 6, Fig. 1) and a secondary power source (first battery 311, Fig. 2, acting as a backup power source to charge the primary power source/battery rod 6, see at least para. 0045, 0049, and the abstract).
Liu ‘138 is silent to any feature of a control component being configured to switchably direct power from the primary power source or secondary power source, however, it’s the Examiner’s position that a control mechanism is implied to be present, since if the battery rod 6 runs out of power, and is then charged by the first battery 311, then a switching mechanism is likely present. Moreover, it’s the Examiner’s position that this type of claimed control switching mechanism is well-known and expedient in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lui ‘697 by further applying the teachings of Liu ‘138, and what is already well-known in the art, to Lui ‘697, so that the power source is a secondary power source, and the control body further comprises a primary power source within the housing, the control component being configured to direct power from the power source includes being configured to switchably direct power from the primary power source or secondary power source, so that a user can smoke for longer periods of time.
The combination of Lui and Lui discloses the control body of Claim 17, as set forth above, wherein the control component being configured to switchably direct power includes being configured to direct power from the primary power source, and switch to the secondary power source only after the primary power source has discharged by at least a threshold amount (i.e. an amount of discharged power from the primary source that would no longer enable power of the smoking article, and require a switchable connection from the primary power source to the secondary power source, as explained in the rejection to claim 17, above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 12/15/2025