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 18-36 are pending and are subject to this Office Action. Claims 1-17 are canceled. Claims 30-35 are withdrawn. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant's election with traverse of Claims 18-29 and 36 in the reply filed on 04/22/2026 is acknowledged. The traversal is on the ground(s) that Fallon teaches where the electric heater, power supply, and control circuity are all located within the same housing portion.
This is not found persuasive because under 35 U.S.C. 371, the test for unity of invention requires that the claimed inventions be linked by the same or corresponding “special technical features” (MPEP 1850). The technical features common in Groups I-III include “at least one aerosol-forming substrate, at least one mouthpiece element, and wherein the aerosol-generating article comprises a first end, second end, and a longitudinal direction extending between the first end and the second end”. Fallon teaches these common features. Therefore, the special technical features do not make a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities:
Pg. 7, Line 15: "heater is wrapper around" should read "heater is wrapped around"
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 24 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites the limitation "the first housing end" and “the second housing end” in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examining, "the first housing end" and “the second housing end” will be interpreted as “a first housing end” and “a second housing end”.
Claim Rejections - 35 USC § 103
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 18, 19, 20, 21, 24, 25, 26, 27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (CN 111588090 A, hereinafter citations referring to English Machine Translation and as cited in IDS dated 06/02/2026), and further in view of Davis (US 20180132526 A1).
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With regard to Claim 18, Ouyang, directed to an electronic cigarette, teaches (i) a cartridge assembly (Fig. 3: #200) comprises cartridges for receiving e-liquid or tobacco products [0042]. (ii) A housing (Fig. 3: #100) extends from the housing (Fig. 3: #100). The housing (Fig. 3: #100) and the cartridge assembly (Fig. 3: #200) are movable relative to each other [0044]. (iii) The electronic cigarette further comprises a heating element [0037]. One of ordinary skill in the art would have found it obvious that the heating element of Ouyang is electric because the cartridge containing the heating element is electrically connected to a power supply through a circuit board for atomization [0040]. (iv) The power supply component is installed in the housing [0038]. (v) The power supply is connected to first and second cartridges of the cartridge assembly (Fig. 3: #200) through a circuit board [0040], (vi) wherein the heating element is within the cartridges of the cartridge assembly (Fig. 3: #200, [0037]). (vii) The power supply is within the housing (Fig. 3: #100, [0038]). Ouyang teaches all the claims as set forth above, however Ouyang is silent to:
Wherein the controller is positioned within the second housing
Davis, directed to an aerosol delivery device, teaches (i) wherein a control body may be equipped with a control component [0012], configured to control operation of a power supply when a cartridge is coupled to the control body, to deliver power to a cartridge [0012 & 0055]. One of ordinary skill in the art would have been motivated to combine the location of the power supply of Ouyang with the location of the control component of Davis to improve a control operation and delivery of power from a power supply when a cartridge is coupled to the control body [0012 & 0055].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Ouyang to wherein the controller is positioned within the second housing because both Ouyang and Davis are directed to cartridge based aerosol delivery devices. Davis teaches a controller positioned within a control body to improve a control operation and delivery of power from a power supply when a cartridge is coupled to the control body [0012 & 0055] and this merely involves applying a known electrical configuration to a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 19, Ouyang teaches wherein the housing (Fig. 3: #100), meeting the claim limitation of a second housing, and the cartridge assembly (Fig. 3: #200), meeting the claim limitation of a first housing, are rotatable relative to each other [0044].
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With regard to Claim 20, Ouyang teaches wherein (i) the cartridges (Fig. 3: #201 & #202), meant for receiving e-liquid or tobacco products [0042], comprise separate top ends at opposing sides of the cartridge assembly (Fig. 3: #200). (ii) Figure 3 illustrates wherein a top end of the cartridge (Fig. 3: #201) and a top end of the cartridge (Fig. 3: #202) define a longitudinal direction (Fig. 3: "L") between the cartridges (Fig. 3: #201 & #202).
With regard to Claim 21, Ouyang teaches wherein the cartridges (Fig. 3: #201 & #202) can be used as mouthpieces to allow users to inhale atomized material [0018]. Figure 3 further illustrates an opening (Fig. 3: “O”) at the top end of the cartridge (Fig. 3: #201). One of ordinary skill in the art would understand that for users to inhale smoke from each cartridge, the cartridges must comprise openings at each end.
With regard to Claim 24, Ouyang teaches (i) wherein the housing (Fig. 3: #100) defines a longitudinal direction (Fig. 3: "L2") between the top of the cartridge assembly (Fig. 3: #200) and an end of the housing (Fig. 3: #100). (ii) The housing (Fig. 3: #100) and the cartridge assembly (Fig. 3: #200) are rotatable relative to each other [0044]. One of ordinary skill in the art would understand that since the first cartridge (Fig. 3: #201) and the second cartridge (Fig. 3: #202) can be rotatably switched for inhalation, at a point during the rotation process, the housing (Fig. 3: #100) would be positioned perpendicular relative to the longitudinal direction (Fig. 3: “L”) of cartridge assembly (Fig. 3: #200)
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With regard to Claim 25, Ouyang teaches (i) wherein the housing (Fig. 3: #100) is elongated [0048]. The housing (Fig. 3: #100) includes a back support arm (Fig. 3: #110) comprising a rotating hole (Fig. 3: #111) coupled to a turntable (Fig. 3: #204) of the cartridge assembly (Fig. 3: #200) to rotate the housings relative to each other [0053]. (ii) The housing (Fig. 3: #100) further comprises a second support arm (Fig. 3: #110) on the opposite side of the back support arm of the housing (Fig. 3: #100, [0048]).
With regard to Claim 26, Ouyang teaches wherein a positioning hole (Fig. 3: #113) of the housing (Fig. 3: #100) is used to limit the position of the turntable (Fig. 3: #204, [0054]). When the turntable (Fig. 3: #204) moves in and out of the positioning hole (Fig. 3: #113) and a rotating hole (Fig. 3: #111), a sense of stagnation is felt to limit rotation of the housing (Fig. 3: #100) and cartridge assembly (Fig. 3: #200) relative to each other [0055].
With regard to Claim 27, Ouyang teaches wherein the power supply component is installed in the housing [0038]. Ouyang further teaches a circuit board connected to the power supply unit [0040]. Modified Ouyang teaches all the limitations of the claims as set forth above, however modified Ouyang is silent to:
Wherein the controller is positioned within the second housing portion
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Davis, directed to an aerosol delivery device, teaches wherein a control body may be equipped with a control component [0012], configured to control operation of a power supply when a cartridge is coupled to the control body, to deliver power to a cartridge [0012 & 0055]. One of ordinary skill in the art would have been motivated to combine the location of the power supply of Ouyang with the location of the control component of Davis to improve a control operation of a power supply when a cartridge is coupled to the control body, to deliver power to a cartridge [0012 & 0055].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Ouyang to wherein the controller is positioned within the second housing because both Ouyang and Davis are directed to cartridge based aerosol delivery devices. Davis teaches a controller positioned within a control body to deliver power to a cartridge when a cartridge is coupled to the control body [0012 & 0055] and this merely involves combining prior art elements according to known electrical configurations to yield predictable results.
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With regard to Claim 29, Ouyang teaches a cartridge assembly (Fig. 3: #200) with first and second cartridges (Fig. 3: #201 & #203) comprising e-liquid for generating smoke [0042]. The cartridges (Fig. 3: #201 & #203) are part of an electronic cigarette, allowing users to inhale atomized e-liquid [0018 & 0042].
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (CN 111588090 A, hereinafter citations referring to English Machine Translation and as cited in IDS dated 06/02/2026) and Davis (US 20180132526 A1), as applied to claims 18, 20, and 21 above, and further in view of Ou (US 20210352963 A1).
With regard to Claim 22, modified Ouyang teaches all the limitations of the claims as set forth above, however modified Ouyang is silent to:
A first closure member arranged to selectively obstruct at least part of the first opening
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Ou, directed to an oil leakage proof electronic cigarette, teaches a first end cover (Fig. 5: #31) at the top opening of a cartridge (Fig. 5: #33) to avoid cigarette oil from leaking [0056].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of modified Ouyang to comprise a first closure member arranged to selectively obstruct at least part of the first opening because both Ouyang and Ou are directed to improving a user's inhalation experience in aerosol generation devices. Ou teaches a first end cover to avoid cigarette oil from leaking [0056] and this merely involves applying a known cover component to a known aerosol generating device, ready for improvement to yield predictable results.
With regard to Claim 23, modified Ouyang teaches all the limitations of the claims as set forth above, however modified Ouyang is silent to:
A second closure member arranged to selectively obstruct at least part of the second opening
Ou teaches a second cover (Fig. 5: #32) at the bottom of the cartridge (Fig. 5: #33) to avoid cigarette oil from leaking [0056].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of modified Ouyang to comprise a second closure member arranged to selectively obstruct at least part of the second opening because both Ouyang and Ou are directed to improving a user's inhale experience in aerosol generation devices. Ou teaches a second end cover to avoid cigarette oil from leaking [0056] and this merely involves applying a known cover component to a known aerosol generating device, ready for improvement to yield predictable results.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (CN 111588090 A, hereinafter citations referring to English Machine Translation and as cited in IDS dated 06/02/2026) and Davis (US 20180132526 A1), as applied to claim 18 above, and further in view of Batista (WO 2020148334 A1).
With regard to Claim 28, modified Ouyang teaches all the limitations of the claims as set forth above, however modified Ouyang is silent to:
Wherein the electric heater extends around at least a portion of the cavity so that, when an aerosol generating article is inserted into the cavity, the aerosol generating article is received within the electric heater
Batista, directed to an aerosol-generating device, teaches an external heater arranged to surround a cavity (Pg. 3, Lines 35). The cavity is configured to receive an aerosol-generating article comprising aerosol-forming substrate (Abstract). One of ordinary skill in the art would have been motivated to modify the heater of modified Ouyang to extend around the cavity to improve proximity of the heater relative to the aerosol-generating article, thus improving heat transfer and heating efficiency of the aerosol-generating article (Pg. 4, Lines 7-9).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the electric heater of modified Ouyang to wherein the electric heater extends around at least a portion of the cavity so that, when an aerosol generating article is inserted int other cavity, the aerosol generating article is received within the electric heater because both Ouyang and Batista are directed to insertable aerosol generating material. Batista teaches an external heater surrounding a cavity to improve proximity to the aerosol-generating article, improving heat transfer and heating efficiency (Pg. 4, Lines 7-9) and this merely involves applying a known heating configuration to a known device ready for improvement to yield predictable results.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (CN 111588090 A, hereinafter citations referring to English Machine Translation and as cited in IDS dated 06/02/2026) and Davis (US 20180132526 A1), as applied to claim 18 above, and further in view of Reevell (GB 2534210 A, hereinafter citations referring to English Machine Translation and as cited in IDS dated 06/02/2026) and Gill (WO 2019219740 A1).
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With regard to Claim 36, Ouyang teaches (i) teaches a cartridge assembly (Fig. 3: #200) with first and second cartridges (Fig. 3: #201 & #203) comprising e-liquid for generating smoke [0042]. The cartridges (Fig. 3: #201 & #203) are part of an electronic cigarette, allowing users to inhale atomized e-liquid [0018 & 0042]. (ii) The cartridge assembly (Fig. 3: #200) comprises a first cartridge (Fig. 3: #201) in which a user may inhale from at a top end of the cartridge [0018]. (iii) The cartridge assembly (Fig. 3: #200) comprises a second cartridge (Fig. 3: #202) that a user may inhale from [0018] at another top end of the cartridge (Fig. 3: #202). (iv) The cartridge assembly (Fig. 3: #200) defines a longitudinal direction (Fig. 3: “L”) between a first and second cartridges (Fig. 3: #201 & #203) of the assembly. Modified Ouyang teaches all the limitations of the claims as set forth above, however modified Ouyang is silent to:
A single aerosol-forming substrate positioned between the first mouthpiece element and the second mouthpiece element
A first susceptor element positioned within the aerosol-forming substrate
A second susceptor element positioned within the aerosol-forming substrate
Wherein the first susceptor element and the second susceptor element are spaced apart from each other in the longitudinal direction
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In regards to i., Reevell, directed to an aerosol-generating article, teaches (i) an aerosol-generating article (Fig. 7) comprising an aerosol-generating substrate (Fig. 7: #10, Pg. 23, Lines 29-30) positioned between a first mouthpiece (Fig. 7: #20) and a second mouthpiece (Fig. 7: #22, Pg. 25, Lines 16-19) to allow a user to choose a desired inhalation end (Pg. 25, Lines 3-9).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for of ordinary skill in the art to modify the aerosol generating article of modified Ouyang to wherein a single aerosol-forming substrate is positioned between the first mouthpiece element and the second mouthpiece element because both Ouyang and Reevell are directed multiple mouthpiece components of an aerosol generating article. Reevell teaches a substrate positioned between to mouthpieces to allow a user to choose a desired inhalation end (Pg. 25, Lines 3-9) and this merely involves applying a known substrate configuration to a known aerosol generating article ready for improvement to yield predictable results.
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In regards to ii., iii., and iv., Gill, directed to an aerosol generating article, teaches (ii) an aerosol generating article (Fig. 3: #30) comprising a first susceptor (Fig. 3: #36) positioned within a body (Fig. 3: #32) of the aerosol generating article (Fig. 3: #30, Pg. 18, Lines 6-7). (iii) A second susceptor (Fig. 3: #38) is positioned within the body (Fig. 3: #32) of the aerosol generating article (Fig. 3: #30, Pg. 18, Lines 6-7). (iv) The first susceptor (Fig. 3: #36) and the second susceptor (Fig. 3: #38) are spaced apart from each other in a longitudinal direction of the aerosol generating article (Fig. 3: #30) to evenly heat specific areas of the aerosol generating article (Pg. 18, Lines 20-31).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the aerosol generating article of modified Ouyang to wherein a first susceptor element positioned within the aerosol-forming substrate, a second susceptor element positioned within the aerosol-forming substrate, and wherein the first susceptor element and the second susceptor element are spaced apart from each other in the longitudinal direction because both Ouyang and Gill are directed to aerosol generating articles. Gill teaches an aerosol generating article comprising first and second susceptors within its body to evenly heat specific areas of the aerosol generating article (Pg. 18, Lines 20-31) and this merely involves applying a known susceptor configuration to a known aerosol generating article ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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