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 .
Status of Claims
Claims 1-16 are pending are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 1-4 and 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Phillips (US 20170181471) and Bouchuiguir (WO 2020225099A1).
In regards to claim 1 with reference to Figures 3 and 8., Philips teaches an electronic atomization device (aerosol delivery 100) [0001], comprising: •An outer shell (outer cover (132) [0005]; [0097])
•An inner shell provided in the outer shell (housing (102) [0063])
•Wherein the inner shell comprises a liquid storage cup (The housing (102) may define a cartridge cavity (106) [0065]) and a battery compartment (The housing (102) may define an electrical power source cavity (104) [0064]) arranged side by side and independent of each other (see Figure 3). A battery (electrical power source (300)) is provided in the battery compartment. Philips further teaches that the battery is configured to supply power to a LED (illumination source (122); [0088]).
Philips does not teach that a light strip is provided in the battery compartment or that at least a part of the outer shell and battery compartment are made of a light-transmitting material.
Bouchuiguir, directed to an aerosol generation device, teaches an electronic atomization device (100) comprising:
•An outer shell (105); an inner casing (156) (Page 23, Lines 22 – 25), wherein the inner casing comprises a heating chamber (114) for receiving aerosol substrate and a battery (120) in a battery compartment arranged side by side and independent of each other (Page 9, Lines 22-24);
•a battery (120) and a light strip (146) are provided and internal to the body (102) (page 12, lines 6-10)
•wherein a non-opaque window (112) is formed in the outer casing (105) and inner casing (156) (Page 11, line 20-28; Page 23, lines 22-25).
Bouchuiguir teaches that the window can be covered or filled with a translucent or transparent material (page 11, lines 25-26).
Therefore, before the effective filling date of the claimed invention, it would be obvious of one having ordinary skill in the art to modify the atomization device of Phillips by (I) adding a light strip to the battery compartment inside the inner shell to emit light and provide status of the aerosol generation device as taught by Bouchuiguir (page 12, lines 6-14), and (II) making at least part of the outer shell and battery compartment made of light transmitting material to form a window for which light may be emitted as taught by Bouchuiguir because both Phillips and Bouchuiguir are directed to an atomization devices, Bouchuiguir teaches a light strip can be used to indicate status of an aerosol generation device and transparent material may be used to create a window for which light from the light strip may be visible to the user, and this merely involves applying a known means of providing indication of status of a device to a similar arerosol generating device having an outer and inner shell and side by side battery and aerosol generating substrate area and yield predictable results.
In regards to claim 2, Phillips discloses that the battery compartment comprises divider walls with ribs that are used to secure the power source ([0066]; [0101]).
In regards to claim 3, Bouchuiguir teaches that the elements of the status indicator may be in the form of any shape and size and may be in a spiral (Page 13, lines 5-30). Bouchuiguir further illustrates that the inner casing comprises second portions that form a bracket for which the light strip can be positioned (Fig. 6).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the divider wall and ribs of Phillips to further include a groove for which the light strip may be disposed as taught by Bouchuiguir because Bouchuiguir teaches that the light strip is disposed in a groove formed in the inner casing, Phillips teaches the inner casing comprises a bracket to secure the battery, and this merely involves applying a known groove structure to a similar inner casing bracket to secure and dispose the light strip. Furthermore, it would be obvious that the groove may be made spiral given that Bouchuiguir teaches that the light strip may be in a spiral direction.
In regards to claim 4, Bouchuiguir teaches a light diffuser layer which surrounds the bracket and light, and aids in transmitting light from the light source to the window (Abstract, page 19, line 32 to page 20, line 32).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Phillips to further include a light scattering layer in the form of a light diffuser as taught by Bouchuiguir because Bouchuiguir teaches that a light diffuser helps transmit the light towards the window, prevent light leaking, and promote diffusing light, and this merely involves applying a known structure taught to be used with a light source to improve the diffusion of light and improve a similar aerosol generating device.
In regards to claim 6, Bouchuiguir teaches that the elements of the status indicator may be in the form of any shape and size and may be in an elongated strip (Page 13, lines 5-30). Bouchuiguir further illustrates that the inner casing comprises second portions that form a bracket for which the light strip can be positioned (Fig. 6).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the divider wall and ribs of Phillips to further include a groove for which the light strip may be disposed as taught by Bouchuiguir because Bouchuiguir teaches that the light strip is disposed in a groove formed in the inner casing, Phillips teaches the inner casing comprises a bracket to secure the battery, and this merely involves applying a known groove structure to a similar inner casing bracket to secure and dispose the light strip.
In regards to claim 7, Bouchuiguir teaches a light diffuser with holes for transmitting light from a plurality of lights and disposed on a side of the light strip away from bracket (Fig. 7; Page 18, line 23 to line 11).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Phillips to further include a light diffuser as taught by Bouchuiguir because Bouchuiguir teaches that a light diffuser helps transmit the light towards the window, prevent light leaking, and promote diffusing light, and this merely involves applying a known structure taught to be used with a light source to improve the diffusion of light and improve a similar aerosol generating device.
In regards to claim 8, Bouchuiguir teaches that the window can be covered or filled with a translucent or transparent material (page 11, lines 25-26). A transparent material in the window covering the light diffuser reads on a light cover and thus modified Phillips is considered to teach a light cover.
In regards to claim 9, Phillips discloses that the battery compartment may comprise recesses that are opposite protrusions on a corresponding section of the housing ([0102]; [0103]). Given that modified Phillips may comprise a window on one side of the inner housing, it is reasonable that modified Phillips would have a plurality of protrusions provided on the side of the light cover section of the inner housing away form the light diffuser and corresponding recesses opposite the protrusions.
In regards to claim 10, Bouchuiguir teaches a PCB that connects to the battery and light strip and controls the light and that the PCB is in the outer shell and not on the outside of the outer shell. (page 12, lines 15-25; page 26, lines 7-8)
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Phillips to include a control board that is configured to control the lights as taught by Bouchuiguir because this merely involves applying a known means for controlling the lights already modified onto the device of Phillips to yield predictable results of being able to control the power and lighting.
In regards to claim 11, Bouchuiguir teaches that the PC connects to the light source and that the lights are controlled to sequentially light up and flash (Page 26, lines 17-20; page 30, lines 19-21).
In regards to claim 12, Phillips teaches
• a nozzle is provided on the outer shell (mouthpiece (220)) which is a part of cartridge (200)) on the outer shell.
•The liquid storage cup (cartridge cavity (106)) [0065] is provided in the tube-shaped member (a tube is within the reservoir substrate (214)) [0080] connected to the nozzle (the reservoir (214) is connected to the mouthpiece (220)) (See Figure 4).
•A heating member (a heating element (240)) is provided in the tube-shaped member (a tube is within the reservoir substrate (214)) [0080]) (See Figure 4) and connected to the control board (The controller (110) may be configured to control one or more operations of the aerosol delivery device (100)) [0092].
•a sidewall of the tube-shaped member is provided with a liquid inlet hole (250) which allows for aerosol precursor to contact a liquid transport means ([0087]).
•An end of the tube-shaped member way from the nozzle is connected to a side of the liquid storage cup away from the nozzle (As shown in Figure 4, a tube within the reservoir substrate (214) is connected to the cartridge cavity (106) away from the nozzle (mouthpiece (220)).
•The outer shell is provided with a gas inlet hole (As show in Figure 10, section 102 b′ may include an orifice 137′ or plurality of orifices in fluid communication with the electrical power source cavity 104′ and the atmosphere outside of the housing 102′ to allow for the escape of any gas or gases that may be produced by the electrical power source 300 (see, e.g., FIG. 3) to prevent the gas or gases from generating a region of increased pressure within the housing 102′.) [0103]
In regards to claim 13, Phillips teaches that the light diffusing material may be white or near white (page 4, line 16) and further that the properties of the light diffuser may be varied including material, and surface finish (page 20, lines 15-21).
In regards to claims 14 and 15, Phillips illustrates the liquid storage cup has a shape of cylinder and battery compartment has a shape of cylinder (Figure 3).
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Phillips (US 20170181471) and Bouchuiguir (WO 2020225099A1) as applied to Claim 4 above, and further in view of LIU (US9993024B2).
In regards to claims 5 and 16, Modified Phillips does not explicitly teach wherein a silicone case is provided in the battery compartment and the silicone case surrounds the light scattering layer, and the silicone case is made of a light-transmitting material.
LIU, discloses an elastic mounting base and fixing support are provided within the battery casing (Abstract). The diffuser (18) is surrounded and connected to the elastic mounting base. The elastic mounting base can be a silicone product (Page 3, Lines 32-35), wherein silicone is considered a light-transmitting material.
Therefore, before the effective filling date of the claimed invention, it would be obvious of one having ordinary skill in the art to modify the battery compartment of Phillips by adding the elastic mounting member as taught of LIU because Phillips and LIU are directed to aerosol generating devices, LIU teaches elastic mounting members protect and stabilize the diffuser and battery, and this involves applying a known feature of a known device to a similar device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADEED QA'ID DRAKEFORD whose telephone number is (571) 272-9499. The examiner can normally be reached Monday-Friday 7:30a.m. - 5 p.m.
Examiner interviews are available via telephone, in-person, and video
conferencing using a USPTO supplied web-based collaboration tool. To schedule an
interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHADEED QA'ID DRAKEFORD/Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights