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 .
Election/Restrictions
Claims 9-13, 18-22, and 24-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6-24-26.
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.
(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.
Claim(s) 1-6, 14-17, and 23 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Nerudia (EP 3791735A1).
Claim 1: Nerudia teaches a device (Fig2A Fig2B), wherein the device has a first side and a second side (lateral side and bottom side), the device comprising: at least two first contact charging pads on the first side of the device (para60: “the electrical contacts 302a and 302b of the second charging connection are provided on a same lateral side of the device 102”), wherein at least two contact charging pads are accessible on the second side of the device (para 59: “The lower end 110 of the device 102 also includes a USB socket 201”).
Claim 2: the device is an aerosol provision device (abstract)
Claim 3: the device comprises at least two second contact charging pads on the second side of the device (para60: “the electrical contacts 302a and 302b of the second charging connection are provided on a same lateral side of the device 102”).
Claim 4: “the first contact charging pads are accessible from both the first and second sides of the device” refers to an action upon the device and is not considered to provide a structural limitation to the claimed device (i.e. claimed structure).
Claim 5: each of the first charging pads extend to a degree around the device (see drawings).
Claim 6: each of the first charging pads is a ring extending to a degree around the device (see drawings).
Claim 14: the device is configured to transmit data via one or more of said contact charging pads (para59: “The USB socket can also be used to transfer data to and from the device.
Claim 15: “the data is transmitted using a data over power protocol” does not provide a structural limitation to the claimed device (i.e. structure).
Claim 16: the device is an elongated device (see drawings).
Claim 17: Nerudia teaches a non-combustible aerosol provision device comprising a device as claimed in claim 1 (see previously recited locations within reference).
Claim 23: Nerudia teaches an electronic smoking article comprising an aerosol provision device as claimed in claim 17 (see previously recited locations within reference).
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.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerudia.
Claims 7-8: the limitations in claims 7 and 8 refer to locations of the first and second sides having the pads. However, it has been held that – absent a showing of criticality or functional difference – the arrangement of parts is a matter of design choice (MPEP 2144.04 (VI)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have placed the pads at desired locations on the first and second sides to achieve an optimal design.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Verleur teachers an electronic cigarette having electrical contacts connected thereto. Sur teaches an aerosol delivery device having pad for charging.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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, Phil Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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