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 with traverse of Group I, claims 1-25 in the reply filed on 4/02/2026 is acknowledged. The traversal is on the ground(s) that the prior art cited does not contain the special technical feature and the claims were misinterpreted. This is not found persuasive because the special technical feature has been found to be obvious over Yan et al. (CN 208480616 U) in view of Matsuzaki (EP 1612902A2) (see IDS received 5/01/2026).
The requirement is still deemed proper and is therefore made FINAL.
Claims 26-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement as noted above.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the protruding structure is hook-shaped” (see claim 19) and “the adhesive at least partially covers at least one of the first mechanical engagement feature and the second mechanical engagement feature” (claim 20), must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
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) 16-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (CN 208480616 U) in view of Matsuzaki (EP 1612902A2).
Regarding claims 16, 17, and 25, Yan et al. disclose an aerosol-generating device with a housing of the main body 5 constituting a first housing part defining a first portion of the outer surface of the aerosol-generating device) is at least partially inserted into and non-detachably connected at its distal end to a substantially tubular shell 12 (equivalent to a second housing part defining a second portion of the outer surface of the aerosol-generating device, the non-detachable connection may be achieved by press fit, welding, bonding or the like.
Although Yan et al. disclose several attachment means (“press fit, welding, bonding, or the like”), Yan et al. do not expressly disclose using a snap-fit connection with a first and second mechanical engagement feature that operate together and that the first and second housing parts are connected to each other by an adhesive.
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However, Matsuzaki discloses a waterproof case for electronics and discloses two portions of a housing that are connected by both a snap-fit connection with first and second mechanical engagement features as well as an adhesive (wall 18/19 and wall 15, respectively or vise versa).
A protrusion (20) with a slant (20a) is shown on the inner wall of second case member 12. The protrusion snaps into hole 14 and the outer wall of the first case member (11) and is locked into place by the perpendicular wall of the protrusion that is opposite the slant.
Adhesive (13) is located in a recessed section (17) of the first case and glues together a section of the second case (18) providing waterproof sealing.
It would have been obvious to one of ordinary skill in the art at the time of invention to use the snap-fit and adhesive connection of two housing parts in place of the connections disclosed in Yan et al. In addition, Yan et al. discloses that the disclosed connections can be used, “or the like” directing one of ordinary skill that other connection means can be used. One of ordinary skill would consider the connection of Matsuzaki even though it is outside the smoking art because it is a method of making a waterproof connection for an electronic housing. One of ordinary skill would understand that the housing of Yan et al. is essentially an electronic housing because it contains a battery and circuit board and provides power and control to the vaporizer.
Regarding claim 18, The protrusion 20 is deformable as the wall it is on is deflected by the tapered top surface (15b) and it remains deflected until the protrusion “snaps” into the hole [0014]-[0016].
Regarding claim 19, the protrusion 20 acts as a hook and prevents release due to the shape as illustrated. Please note, no hook is presently illustrated by the application (see drawing objection above).
Regarding claim 20-24, the adhesive as illustrated by Matsuzaki is with in a receiving portion that receives the insertion portion of the other housing and the adhesive surrounds, is between, or is in contact an insertion portion of the other housing allowing the adhesive to at least partially cover the first and second mechanical engagement features (i.e. walls 18, 19, and 15).
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.
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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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