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 Invention I, claims 11-20, in the reply filed on 3/10/2026 is acknowledged.
Claims 12 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/10/26.
Claim Interpretation
The directions in the claims of parallel and perpendicular to the mounting surface are being interpreted as follows: perpendicular to the mounting surface is being interpreted as a direction either above or below the circuit board, while parallel to the mounting surface is being interpreted as any lateral or horizontal direction from the circuit board. Additionally, for claims 7 and 18, a second side surface portion located at a position facing the first side surface portion, facing is being interpreted as the side opposite to, as in a second side surface portion opposite to the first side surface portion.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 3, 4, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160261020 A1 (Marion), and further in view of US 20210096150 A1 (Sato ‘150) and JP 2005352757 A (Takahara).
Regarding claim 1 Marion teaches an aerosol generation device comprising a power source, control component and a heater (paragraph 24). When a user draws on the aerosol delivery device (200), airflow is detected by the flow sensor (210), and the heater (222) is activated to vaporize components of the aerosol precursor composition (paragraph 40; figure 2). The aerosol delivery device (200) incorporates the control component (208) or another control mechanism for controlling the amount of electric power to the heater (222) during draw (paragraph 46; figure 2). The control body (300) may include a coupler (302), a shell or outer body (304), a flow sensor (306), a control component (308) (e.g., a PCB supporting and electrically connecting electronic components) including an antenna (310), an electrical power source (312) (e.g., a battery that may be rechargeable), and an end cap (314) (paragraph 55; figure 3).
Marion does not teach communication circuitry including an integrated circuit portion and an antenna portion or that of a plurality of side edge portions of the circuit board, a first side edge portion closest to the communication circuitry is located at a position closer to the antenna portion than the integrated circuit portion in a direction parallel to a mounting surface of the circuit board.
Sato ‘150 teaches an inertial measurement unit (10) with wireless communication for wirelessly transmitting information based on detection information from the inertial sensor (20) and an antenna (92) coupled to the wireless communication unit (90). The wireless communication unit (90) is a device performing near-field wireless communication such as Bluetooth and is implemented by a wireless communication integrated circuit device (paragraph 96; figure 12).
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 circuit board of Marion with the wireless communication integrated circuit of Sato ‘150, with reasonable expectation of success, because the wireless communication unit allows for wireless transmitting of internal information outside the device (paragraph 63).
Marion modified by Sato ‘150 teaches an aerosol generating device with a power source, heater, a controller to manage power output to the heater, a circuit board with an antenna, and an integrated circuit for communication. Marion modified by Sato ‘150 does not teach that of a plurality of side edge portions of the circuit board, a first side edge portion closest to the communication circuitry, is located at a position closer to the antenna portion than the integrated circuit portion in a direction parallel to a mounting surface of the circuit board. Takahara teaches a wireless sensor transmitting device comprising a transmitting circuit (5) that supplies signals from the signal processing unit (4) to the antenna unit (6), and is mounted on one side of the circuit board (1) (paragraph 36 of translation; figure 5). Figure 5 further shows a circuit board with a plurality of side edge portions and the antenna (6) mounted in the corner so that it would be closer to a first edge portion than the transmitting circuit (5).
[AltContent: textbox (Figure 1 – figure 5 from JP 2005352757 A (Takahara). The first edge portion is highlighted by the black line and indicated by the arrow. The antenna (6) is closer to the first edge portion than the transmitting circuit (5).)]
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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 circuit board of Marion modified by Sato ‘150, with the antenna position of Takahara because Takahara indicates that it is preferable that no electrical elements other than the antenna section such as conductor patterns or other components, are placed within the area occupied by the antenna section. This configuration avoids interference from electrical signals and electromagnetic fields to the antenna section, suppressing noise generation, reducing eddy current leakage, and improving antenna gain (paragraph 56 of translation).
Regarding claim 2, Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generation device as described in claim 1. Figure 12 of Sato ‘150 further teaches that the antenna and wireless communication integrated circuit are closest to the first edge portion, while the electronic components of the circuit are further away from the first side edge portion.
[AltContent: textbox (Figure 2 – figure 12 from US 20210096150 A1 (Sato ‘150). First edge portion is highlighted on rightmost side of circuit board. The antenna is closest, then the wireless communication integrated circuit, while the electronic components are furthest away from the first side edge portion.)]
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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 circuit board of Marion modified by Sato ‘150 and Takahara, with the relative positions of the electronic components and communication circuitry of Sato ‘150, with reasonable expectation of success, because Takahara indicates that it is preferable that no electrical elements other than the antenna section such as conductor patterns or other components, are placed within the area occupied by the antenna section. This configuration avoids interference from electrical signals and electromagnetic fields to the antenna section, suppressing noise generation, reducing eddy current leakage, and improving antenna gain (paragraph 56 of translation).
Regarding claims 3 & 4 Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generation device as described in claim 1. Sato ‘150 further teaches that the antenna unit (92) is provided in such a way as to protrude from a side of the case (24) of the sensor unit (20) (paragraph 99; figure 12). Figures 3 and 12 further show the antenna (92) overlapping and exposed from a first side portion of the circuit board (40).
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 circuit board of Marion modified by Sato ‘150 and Takahara with the overlapping and exposed antenna from the side edge portion of Sato ‘150 because Takahara indicates that it is preferable that no electrical elements other than the antenna section such as conductor patterns or other components, are placed within the area occupied by the antenna section. This configuration avoids interference from electrical signals and electromagnetic fields to the antenna section, suppressing noise generation, reducing eddy current leakage, and improving antenna gain (paragraph 56 of translation). Moving the antenna portion to overlap with the edge of the circuit board would further move the antenna from other electrical elements on the circuit board.
Regarding claim 8 Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generating device as described in claim 1. Figure 3 of Marion further shows that no circuit board is present above the antenna (310).
Regarding claim 9, Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generating device as described in claim 1. Figure 3 of Marion further shows a shell or outer body (304) above and adjacent to the antenna (310) which reads on the claim of an insulating first panel adjacent to the antenna.
Claims 5, 6 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160261020 A1 (Marion), US 20210096150 A1 (Sato ‘150) and JP 2005352757 A (Takahara) as applied to claim 1 above, and further in view of WO 2020213451 A1 (Sato ‘451).
Regarding claims 5 and 6 Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generating device as described by claim 1. Marion modified by Sato ‘150 and Takahara does not teach an insulating chassis configured to hold the circuit board, wherein a direction perpendicular to the mounting surface of the circuit board, the chassis, the circuit board and the antenna portion are arranged in this order. Sato ‘451 teaches a holder (204) which is made of a resin such as polycarbonate and is a component that houses and holds the battery cell (203), the first circuit board (205), and the like (paragraph 20; figure 3). Figure 3 of Sato ‘451 shows the holder (204) as fastening the circuit board from below and from the sides. Therefore, modifying the circuit board of Marion modified by Sato ‘150 and Takahara with the holder of Sato ‘451 would arrange, from bottom to top (perpendicular to mounting direction) the chassis, then the circuit board, then the antenna as the antenna rests on the circuit board. Furthermore, the holder of Sato ‘451 has side edges that rise up to fasten the circuit board, the antenna must then by adjacent to the chassis in a direction parallel (lateral/horizontal) to the mounting surface.
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 power source for an aerosol generating device as described by Marion, Sato ‘150 and Takahara with the holder of Sato ‘451, with reasonable expectation of success, because the holder helps to fasten the circuit board in place and minimize damage to the circuit board from sudden movements.
Regarding claim 7, Marion modified by Sato ‘150, Takahara and Sato ‘451 teaches a power source for an aerosol generating device as described by claim 6. Sato ‘150 teaches a rectangular antenna (92) in figure 12. Therefore, in the device of Marion modified by Sato ‘150, Takahara, and Sato ‘451, one side surface portion of the antenna must be adjacent to the holder, with a second side surface of the antenna being opposite to (or facing) the first antenna side surface. Sato ‘451 further shows a circuit board with notches, one of the notches would necessarily then be closer to the first side surface portion of the antenna than the second notch (figure 3 of office action below).
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[AltContent: textbox (Figure 3 – figure 3 from WO 2020213451 A1 (Sato ‘451). Black arrow indicates modified location of antenna. Dotted arrow indicates notch closer to second side surface of antenna than first side surface of antenna)]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 circuit board of Marion modified by Sato ‘150, Takahara, and Sato ‘451 with the circuit board notches of Sato ‘451, with reasonable expectation of success, because notches in the circuit board can help to both fit the circuit board inside the holder/chassis, and as Takahara indicates, to further remove space around the antenna to avoid interference from electrical signals and electromagnetic fields to the antenna section, suppressing noise generation, reducing eddy current leakage, and improving antenna gain (paragraph 56 of translation).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160261020 A1 (Marion), US 20210096150 A1 (Sato ‘150) and JP 2005352757 A (Takahara) as applied to claim 9 above, and further in view of US 20200352235 A1 (Lee 2020).
Regarding claim 10, Marion modified by Sato ‘150 and Takahara teaches a power source for an aerosol generation device as described by claim 9. Marion modified by Sato ‘150 and Takahara does not teach a second panel that is an exterior member of the power source unit that is arranged above the first panel in the direction perpendicular to the mounting surface of the circuit board. Lee teaches an aerosol generating device comprising a case (80) that accommodates the second housing (20), the fastening portion (50), and the battery (110) therein and coupled to the second housing (20) (paragraph 81; figure 5A). Figure 5A shows the case (80) as an exterior member to the power source (110) and as its surrounds the aerosol generating device would be in a perpendicular direction to the mounting surface of the circuit board.
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 power source unit for the aerosol generation device described by Marion modified by Sato ‘150 and Takahara with the case of Lee because Lee indicates that the case prevents exposure of the inside of the aerosol generating device to the outside, reducing exposure to contaminants such as dust and debris (paragraph 8).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160261020 A1 (Marion), US 20210096150 A1 (Sato ‘150) and JP 2005352757 A (Takahara) and US 20200352235 A1 (Lee) as applied to claim 10 above, and further in view of US 20170311646 A1 (Liu).
Regarding claim 11, Marion modified by Sato ‘150, Takahara and Lee teaches a power source for an aerosol generating device as described by claim 10. Marion modified by Sato ‘150 Takahara and Lee does not teach a first magnet that is exposed at a portion apart from the antenna portion by a predetermined distance, that the second panel includes a second magnet magnetically coupled with the first magnet, and that the power source unit comprises an insulating chassis configured to hold the circuit board and the first magnet such that the first magnet is apart from the antenna portion by the predetermined distance. Liu teaches four magnets (2) which are disposed on the outer shell (1). The second magnet (4) is disposed on a plastic carrier (3). The plastic carrier comprises a plurality of mounting slots. The four first magnets (2) are disposed on the mounting slots, correspondingly. The first magnets are adapted to facilitate shell mounting. The PCB (5) is also disposed on the plastic carrier (3) (paragraph 28; figure 1).
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 power source unit for the aerosol generation device of Marion modified by Sato ‘150, Takahara, and Lee, with the relative positions of the magnets of Liu, with reasonable expectation of success, because Liu indicates that the magnets are adapted to facilitate mounting of the shell (paragraph 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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