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 the Claims
Claims 12-21 are pending and are subject to this office action. Claims 1-11 are canceled. Claims 12-16, 18 are amended. Claim 21 is newly added.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 07/31/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 5, filed 07/31/2026, with respect to the objection of claims 2 and 13 have been fully considered and are persuasive. Applicant has canceled claim 2 and amended claim 13 as suggested. The objection of claims 2 and 13 have been withdrawn.
Applicant’s arguments, see pg. 5-6, filed 07/31/2026, with respect to the rejection of claim 15 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Applicant has amended claim 15 to correct the antecedent basis issue with the limitation, “the air cavity”. Therefore the rejection of claim 15 under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see pg. 5-6, filed 07/31/2026, with respect to the rejection of claim 12 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 12 to require a top end of the air inlet channel is sealed at the end surface of the support (lines 17-18), which was not previously presented. The prior rejection relied upon the holder (109) as teaching the claimed support, upper surface of the holder (109) as teaching the end surface, and the airflow path (108) extending to the receiving cavity (113) as teaching the air inlet channel. The top end of the air inlet channel is not sealed at the end surface of the support in the interpretation of Loveday previously relied upon, and therefore the amendment overcomes the prior rejection. However, upon further consideration, a new ground of rejection is made in view of a new interpretation of previously applied prior art.
On pg. 8, Applicant argues that the void (16) relied upon for teaching the claimed airflow channel is not recessed inwardly from an outer peripheral wall of the support. The Examiner disagrees. The upper surface of holder (109, Fig. 4) is recessed inwardly from an outer peripheral wall of the support forming the airflow channel comprising the void (16) between the housing (101) and holder (109), as presented in the updated rejected below.
On pg. 8, Applicant argues the void relied upon for the airflow channel is not positioned between the end surface of the support and the receiving cavity. However, claim 12 requires the air inlet channel be positioned between the end surface of the support and the receiving cavity. Thus, the arguments are directed to a feature that is not claimed.
On pg. 8-9, Applicant argues the top end of the air inlet channel is not seal at the end surface of the support, as required by claim 12. The Examiner disagrees. The air inlet channel extends from an opening (108 in Fig. 5) in the top of the support (109, 107) to the receiving cavity (113), the air inlet channel having a top end and opposite bottom end the bottom end in communication with the receiving cavity (113, Fig. 8, [0061]), as presented in the updated rejection below. The electronic cigarette disclosed by Applicant appears to comprise an air inlet channel (11, Fig. 4, [0029]) extending in a direction parallel to the axis (Z), where the top end of the air inlet channel is positioned closer to the insertion opening (203) and the top end is sealed at the end surface (101) of the support (100, Fig. 3). The Examiner suggests further defining the top end and bottom end of the air inlet channel to overcome the prior art of record.
The rejections below are maintained and modified based on Applicant’s amendment.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 12-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Loveday (US 20240016222 A1).
The following rejection is made in reference to the annotated Fig. 4, Fig. 5, and Fig. 8 shown below.
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Regarding claim 12, Loveday discloses an electronic cigarette rod (aerosol generating device 100, Fig. 2, [0060, 0068]) comprising:
A housing (outside casing 101), air inlet holes (not shown in Figures) in the sidewall of the housing (101), and an insertion opening defined by the opening in the top of the tubular housing (101, Fig. 2, Fig. 8, [0058, 0060-0061, 0068]),
A support (holder 109 and deformable seal 107) received in the housing (101, Fig. 2, [0060]), the support (109, 107) comprising:
A receiving cavity (sensor chamber 113, Fig. 8, [0068]) for receiving a sensor (airflow sensor 105, Fig. 8, [0068]), where the receiving cavity (113) is defined inside the support (109, 107),
An air inlet channel extending from an opening (108 in Fig. 5) in the top of the support (109, 107) to the receiving cavity (113), the air inlet channel having a top end and opposite bottom end the bottom end in communication with the receiving cavity (113, Fig. 8, [0061]),
An airflow channel defined as the space (void 16) between the outer peripheral wall of the support (109, 107) and the inner surface of the housing (101, Fig. 4, Fig. 8, [0068]), where an outer peripheral wall of the support (109) is recessed inwardly (upper surface of support 109, Fig. 4) to form the airflow channel (16), where the outer peripheral wall of the support (109) is arranged around the longitudinal axis of the device (Fig. 8, [0068]), and where the airflow channel is in air communication with air inlets in the housing (101, Fig. 8, [0061, 0068]),
A first opening (air throttling channel 110) extending transversely through the outer peripheral wall of the support (109, 107, Fig. 5, 0061, 0063]), and;
An end surface defined by the top surface (surface which faces the insertion opening, the insertion opening is defined by the top surface of the outside casing 101) of the support (109, 107, Fig. 2, Fig. 5, Fig. 8, [0060]).
The air inlet channel is located between the receiving cavity (113) and the end surface along the axis of the support (Fig. 8).
The top end of the air inlet channel is sealed at the end surface (i.e. top surface closer to insertion opening) of the support by a portion of seal (107) being positioned between the end surface and a top end of the air inlet channel (Fig. 8).
The first opening is spaced from the end surface of the support (i.e. top surface of 109, 107 facing insertion opening) along the axis of the support (Fig. 8).
A first end (end of air throttling channel 110 facing the exterior of the device) of the first opening (110) is in communication with the airflow channel (void 16) and second end (end of air throttling channel 110 facing the interior of the device) of the first opening (110) is in communication with a sidewall of the air inlet channel (Fig. 5, Fig. 8, [0063, 0068]).
Air enters the device through air inlet holes in the housing (110) passes through the air channel (void 16) then through the first opening (110) to the air inlet channel (shown by airflow path 108 in Fig. 8, [0068]) such that the air inlet channel is in communication with the exterior of the electronic cigarette through the first opening (110) then the airflow channel (16), and air inlet hole (formed in sidewall of housing 101, [0068]) in that sequence.
Regarding claim 13, The specification appears to define a depth direction as the direction the opening or channel extends along (Fig. 4, [0024]). Loveday discloses a depth direction of the first opening (110) is perpendicular to a depth direction of the air inlet channel, as shown in annotated Fig. 5 above.
Regarding claim 14, Loveday discloses the air inlet channel penetrates the end surface of the support (109, refer to annotated Fig. 5 above), and the support (109, 107) further comprises a sealing element (107) for sealing the top end of the air inlet channel on the end surface of the support (Fig. 8, [0061]).
Regarding claim 15, Loveday discloses the end surface of the support (i.e. top surface of 109, 107 facing insertion opening) is recessed inwardly to form an air cavity (enlarged outer cavity 112, Fig. 3, Fig. 5) and the air cavity (112) is in communication with the airflow channel (16, Fig. 8, [0063, 0068]).
Regarding claim 16, Loveday discloses a second opening (see annotated Fig. 5 above).
The Examiner is interpreting the limitation, “defined transversely inside the support” as an opening that extends across an interior portion of the support. The second opening extends across an interior of the holder (109) and therefore is considered to be defined transversely inside the support.
The second opening is positioned above the portion of the seal (107) forming an end surface of the support (Fig. 5) and therefore is considered to be spaced from the end surface of the support along the axis of the support.
Loveday further discloses one end of the second opening is in communication with the airflow channel (16) and the other end of the second opening is in communication with the air cavity (112, Fig. 5).
Regarding claim 17, Loveday discloses the first opening (110) and the second opening are spaced apart (see annotated Fig. 5 above). The limitation, “arranged facing each other is interpreted as the first and second openings being positioned across from one another. The first and second openings are on opposite sides of the holder (109) and therefore considered to be facing one another.
Regarding claim 18, Loveday discloses an annular contacting rib (ring portion 107A of deformable seal 107) arranged on the outer peripheral wall of the support (109, 107) where the annular contacting rib (107A) is located between the airflow channel (16) and the end surface of the support (109, 107) along the axis of the support, and the annular contacting rib (107A) abuts against the housing (101, Fig. 5, Fig. 8, [0063]).
Regarding claim 19, Loveday discloses a sealing ring (deformable seal 107) received in an annular groove (flange portion of 109, see annotated Fig. 2 below) arranged on the outer peripheral wall of the support (109, 107), and the sealing ring (107A) abuts against the housing (101, Fig. 5, Fig. 8, [0063]).
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Regarding claim 20, Loveday discloses the airflow channel is an annular flow path/ structure around the longitudinal axis of the support (109, Fig. 8, [0022]).
Regarding claim 21, Loveday discloses an area of the second end of the first opening defined by the area of the sidewall of the holder (109) in the depth direction is equal to an area of the second opening in communication with the airflow channel defined by the area of the sidewall of the holder (109, Fig. 8) in the depth direction.
The Examiner is interpreting an area of the opening as an area of the sidewall of the opening. Claim 21 does not require a cross-sectional area of the openings be the same.
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 MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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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.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
