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 .
Response to Amendment
Amendment filed 6/25/2026 has been entered and fully considered. Claims 1-15 are pending. Claims 1 and 11 are amended. No new matter is added.
Support for the claim amendments can be implicitly found in instant published paragraphs [0173] and figures 9, 12 and 17). These disclosures provide a peripheral view of the flange and seal, and thus provides at least implicit support that the peripheries of each are engaged.
Response to Arguments
Applicant's arguments filed 6/25/2026 have been fully considered but they are not persuasive.
Applicant notes that Lee describes that the narrow end portion of case 80 (alleged flange) surrounds the outer cover, 21 (alleged first seal). Lee does not suggest that the outer cover surrounds a periphery of the narrow end portion of the case.
Examiner respectfully disagrees. As seen in annotated figure 7 of Lee, the first seal includes its own flanged portion that abuts the inner periphery of the flange of 80.
[AltContent: textbox (Portion of first seal engaged with inner periphery of flange)][AltContent: textbox (Flange)][AltContent: arrow][AltContent: arrow]
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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.
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Claim(s) 1, 4, 6, 7- 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 2020/0086068) in view of SHIMIZU (US 2011/0290269).
With respect to claims 1 and 8, LEE et al. discloses an aerosol generating device (Abstract; Title) comprising a heater, 1300/70 (Paragraph [0043], [0071]; Figures 1 and 3); a control unit, 1200 (Paragraph [0041]); electrical lines, 15 connected to the heater (Paragraph [0075]); a housing, 80, that does not conduct heat ([0100])(e.g., is thermally insulating ) (Figure 7; Paragraphs [0098]-[0108]) and comprises a first surface, a second surface opposite to the first surface and a side surface between the two; and a flange protruding from the second surface (See annotated figure 7, below). The flange represents a passage through which the heater passes and surrounding an inner circumference/periphery of the flange is a first seal, 21, and a second seal, 30, overlapping the first seal and heater (Figure 7, Paragraphs [0080]-[0087]).
[AltContent: textbox (First seal portion engaging inner periphery of flange and surrounding interior of flange)][AltContent: textbox (Flange protrudes from second surface towards first surface (as required by Claim 8))][AltContent: ][AltContent: arrow][AltContent: textbox (Passage through flange through which heater passes)][AltContent: arrow][AltContent: oval][AltContent: textbox (Side surface)][AltContent: arrow][AltContent: textbox (Flange protruding from second surface )][AltContent: ][AltContent: textbox (Second surface )][AltContent: arrow][AltContent: textbox (Second surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (First surface)]
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LEE et al. does not explicitly disclose that the wire, per se, pass through the passage and that the wires connect to a PCB.
SHIMIZU discloses a non-combustion smoking device (Abstract; Title). The heater, 1, penetrates the cigarette (in a similar manner to LEE et al.) (Figure 4; Paragraph [0047]). Within the heater are the wires, 25 and 24, that are sealed within the tube of the heater to prevent moisture from entering inside (Paragraph [0061]) (Figure 5). The wires are connected to a printed circuit board (PCB) along with a control circuit (Paragraphs [0044], [0045]; Figure 2). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the wires through the heater tube of LEE et al., as taught by SHIMIZU so that the wires can be sealed and protected from moisture. Thus, the second seal overlaps the first seal and electrical lines. Moreover, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to connect the wires to a PCB, as taught by SHIMIZU so that control modules can be connected to the heater and other structures to control the functions of the device, including supplying power to the heater.
With respect to claim 4, LEE et al. disclose that the second seal, 30, comprises a groove, 12, through which the electrical lines are at least partially received (Paragraph [0091]; Figures 5 and 7).
With respect to claim 6, LEE et al. shows that the first and second seal are separable from each other (Figure 4; Paragraphs [0092]-[0095])
With respect to claim 7, LEE et al. discloses that the first and second seal comprise elastic material (Paragraph [0076]). Specifically, the listed materials are polymers, metals and alloys. Every material has a modulus of elasticity, and is therefore implicitly elastic to a degree.
With respect to claim 9, LEE et al. discloses that the device further comprises a temperature sensor (Paragraph [0054]). While it isn’t disclose that the temperature sensor measures a temperature of the heater, it would have been obvious to measure the temperature of the heater so as to prevent overheating of the heater. Moreover, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide an electrical line connected to the PCB so that the measured temperature can be detected by the controller on the PCB.
With respect to claim 10, LEE et al. discloses an insertion detection sensor to detect insertion of a cigarette (Paragraph [0054]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide an electrical line connected to the PCB so that the insertion of a cigarette can be detected by the controller on the PCB.
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) 11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE et al. (US 2020/0086068).
With respect to claim 11, LEE et al. discloses an aerosol generating device (Abstract; Title) comprising a heater, 1300/70 (Paragraph [0043], [0071]; Figures 1 and 3); a control unit, 1200 (Paragraph [0041]); electrical lines, 15 connected to the heater (Paragraph [0075]); a housing, 80, that does not conduct heat ([0100])(e.g., is thermally insulating ) (Figure 7; Paragraphs [0098]-[0108]) and comprises a first surface, a second surface opposite to the first surface and a side surface between the two; and a flange protruding from the second surface (See annotated figure 7, below). The flange represents a passage through which the heater passes and surrounding an inner circumference/periphery of the flange is a first seal, 21, and a second seal, 30, overlapping the first seal and heater (Figure 7, Paragraphs [0080]-[0087]).
[AltContent: textbox (First seal surrounding inner periphery of flange and abutting interior of flange)][AltContent: arrow][AltContent: textbox (Passage through flange through which heater passes)][AltContent: arrow][AltContent: oval][AltContent: textbox (Side surface)][AltContent: arrow][AltContent: textbox (Flange protruding from second surface )][AltContent: ][AltContent: textbox (Second surface )][AltContent: arrow][AltContent: textbox (Second surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (First surface)]
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With respect to claim 14, LEE et al. disclose that the second seal, 30, comprises a groove, 12, through which the electrical lines are at least partially received (Paragraph [0091]; Figures 5 and 7).
Allowable Subject Matter
Claims 2, 3, 5, 12, 13 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As seen in annotated figure 7 of LEE et al., above, the outer side of the flange does not contact any part of the seal, as required by claims 2, 3, 12 and 13.
Moreover, LEE et al. also does not disclose that the first seal has an opening in which the second seal is at least partially within, as required by claims 5 and 15. The wires also must pass through this opening.
FOURNIER et al. (US 2003/0154991) discloses an electrical smoking system (Abstract). The heater comprises walls, with one terminating into a flange (figure 3B, annotated below). However, FOURNIER et al. does not necessarily comprise a first structure, 300, surrounding the flange and a second structure overlapping with the first flange. However, these structures are not indicated as being seals, nor do they appears to be seals. Proposing such a modification would then necessitate using the claims as a roadmap to arrive at the claimed invention, and would thus require impermissible hindsight.
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THORSEN et al. (US 2020/0268053) discloses an apparatus for heating a smokable material (Abstract) having thermally insulated walls (Abstract). However, THORSEN et al. does not disclose the claimed flange and seals, per se.
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 ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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, Philip 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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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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