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 group I, claims 18-27, in the reply filed on 2/27/2026 is acknowledged.
Claims 28-33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups/inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply as noted above.
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)(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) 18-20 and 22-27is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGrath et al. (US 20220192261 A1, with priority to GB1904748.9A).
Regarding claim 18-20, and 22, McGrath et al. disclose positioning a housing module (50, see figures 6 (bottom portion) and 8 below) inside a body of an aerosol generating device and fixing the housing to the body using an end tube (41, i.e. fixing element) that extends through an attachment opening of the housing part (i.e. part 53 or others), and an elastomeric seal (41d, o-ring) is compressed between the side of the housing part (41) and the body (37, figure 6, sides face one another), and the fixing element 41 protrudes through an opening in the elastomeric seal (i.e. the o-ring has a hollow center)[0113].
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Regarding claim 22, the seal is compressed by a force (i.e. between two walls) that is perpendicular to the direction that the fixing element extends through the seal.
Regarding claim 24, the o-ring as shown is overmolded over a connection port (tube 41) configured to be connected to an external connector (37).
Regarding claims 25 and 27, the housing part is removably fixed to the body with the at least one fixing element as illustrated and removal would not damage either part.
Regarding claim 18, 23, and 26, McGrath et al. disclose positioning a housing on a body with a fixing element (41 and 73e) and n elastomeric seal (15a, 15b, see figures 10, 12, 13, and 14 below) where the fixing elements extends through an attachment opening of the housing part compressing the seal where the housing surrounds the seal. The fixing elements include tube 41 and screws 43 and the corresponding central and peripheral opening as shown in figures 12-14).
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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.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGrath et al. (US 20220192261 A1, with priority to GB1904748.9A) as applied to claim 18 above, and further in view of Rebensdorf (US 20040084055).
Regarding claim 21, McGrath et al. do not disclose that the o-ring is compressed in a direction aht is “mainly in a direction parallel to a direction in which the at least one fixing element extends through the attachment opening.” However, it is well-known in the art to use different types of connections. For instance, Rebensdorf discloses a smoking article with a fixing element and an o-ring to seal the connection. The o-ring is arranged on the end surface of one element and is compressed in a longitudinal direction (i.e. parallel to the fixing element extension through the o-ring. It would have been obvious to one of ordinary skill in the art at the time of invention/filing to use the screw fixation and parallel compression of the o-ring disclosed by Rebensdorf to connect the tube and housing. It is notoriously well known that threaded screw connections are alternatives to fiction fit fixation of two parts (friction fit being the method of fixation disclosed by McGrath et al. and it would have been obvious to one of ordinary skill in the art at the time of invention to attach two part together with a o-ring and threads instead of an o-ring and friction fit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00.
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, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael J Felton/Primary Examiner, Art Unit 1747
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