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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “B-361” and “B-362” have been used to designate both wire holes and positioning protrusions (Figure 25). 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: “C-W1” (figure 36). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “C-W2” has been used to designate both the second plate width (spec paragraph 245, and figure 35) and insertion hole width (figure 36). 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: “C-w4” (paragraphs 256 and 259). 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. 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.
The drawings are objected to because the heater/cover assembly is referred to as “C-HA” in the spec, while figures 39, 40, 41 and 43 refer to the assembly as “C-SA”. 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
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.
Claims 1, 2, 3, 4, 5, 6, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), and further in view of CN 212852497 U (Liao).
Regarding claims 1 and 2, Wu teaches an aerosol generating device (paragraph 2 of USPGPub ‘029) comprising a holder, which is in the shape of a tube extending in a length direction (paragraph 7 of USPGPub ‘029; figure 5). The holder (31) is provided internally with a separation portion (311) that extends inwards from an inner surface in a radial direction, and the separation portion (311) separates the tubular hollow of the holder (31) into a chamber (310) located above and an installation space (320) located below (paragraph 57 of USPGPub ‘029; figures 4, 5 & 6). Additionally, a ceramic fixing seat (34), which is accommodated within the installation space (320) abuts against the separation portion (311) (paragraph 60 of USPGPub ‘029; figures 4, 5 & 6). After the heating portion of the susceptor (33) penetrates through the through hole (341) of the ceramic fixing seat (34), the base portion (332) abuts against the lower surface of the first section (342) so as to fix the susceptor (33) (paragraph 63 of USPGPub ‘029; figures 4, 5, 6 & 7). The ceramic fixing seat (34) reads on the claim limitation of the first plate separating the insertion space (310) and a sealing space (320). And the holder (31) reads on the claim limitation of the pipe.
Wu teaches an aerosol generating device comprising a pipe, a plate separating an insertion space from a sealing space, and an elongated heater disposed in the insertion space with an opposite side of the heater in the sealing space. Wu does not teach that a sealing member is charged in the sealing space. Liao teaches that a seal (400) is filled in through a through hole (320) into a sealing space formed between a base plate (520) and the mounting hole (310) (paragraphs 38 - 40 of translation; figure 7). Furthermore, if the sealing space is charged with a sealing member (flexible silicone material as suggested by Liao – paragraph 38 of translation), then the sealing member of Liao (400; figure 7) would be connected with the pipe of Wu (31/311; figures 4, 5, 6 & 7) as required by claim 2.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sealing space of Wu with the charged sealing space of Liao, with reasonable expectation of success, because Liao indicates that when the seal is engaged with the through hole, the seal can effectively seal the mounting hole, preventing gas from leaking from the mounting hole through the through hole (paragraph 38 of translation).
PNG
media_image1.png
747
273
media_image1.png
Greyscale
Regarding claim 3, Wu modified by Liao teaches an aerosol generating device as described in claim 1. Wu further teaches a fixing seat (34) and the separation portion (311) which together meets the claim limitation of the first cover (figures 4 & 6). As the separation portion (311) is an extension of the holder, the cover and pipe are connected, and figures 4 and 6 of Wu show the sealing space (320) being formed within the first cover (311 and 34) (figures 4 and 6).
Regarding claim 4, Wu modified by Liao teaches an aerosol generating device as described in claim 3. Wu further teaches an open lateral side of the first cover which leads to the sealing space and is shown in figure 5 (see below). The open lateral side additionally meets the claim limitation of an inlet hole formed on the open lateral side.
[AltContent: textbox (Figure 1 – figure 5 from WO 2021139785 A1 (Wu 2021) with the open lateral side of the first plate circled and indicated by the arrow.)]
Regarding claim 5, Wu modified by Liao teaches an aerosol generating device as described by claim 4. Wu further teaches a ceramic fixing seat (34), which includes a first side facing the chamber (310) and a second side away from the chamber (310); wherein the heating portion (331) penetrates the ceramic fixing seat (34) from the second side towards the first side and extends at least in part to an interior of the chamber (310), and the base portion (332) abuts against the ceramic fixing seat (34) to prevent the susceptor (33) from moving within the holder (paragraphs 10 – 11 of USPGPub ‘029; figures 4, 5, 6 & 7). The ceramic fixing seat (34) reads on the claim limitation of the first plate and the ceramic fixing seat (34) abutting the partition plate (311) reads on the claim limitation of the first cover. Wu further teaches in figure 4, an end cover (37) which reads on the claim limitation of the second cover defining the lower side of the sealing space (320). Figure 4 also shows the end cover (37) as coupled to part of the first cover (311).
PNG
media_image2.png
747
288
media_image2.png
Greyscale
Regarding claim 6, Wu modified by Liao teaches an aerosol generating device as described by claim 5. Wu further teaches a peripheral portion extending downwards from the first cover (34/311) to define a side portion of the sealing space (320) (figure 6).
[AltContent: textbox (Figure 2 – figure 6 from WO 2021139785 A1 (Wu 2021). Arrows pointing to peripheral portion of first plate defining a side portion of the sealing space.)]Regarding claim 10, Wu modified by Liao teaches an aerosol generating device as described by claim 5. Wu further teaches that a lower end of the holder (31) is further provided with an end cover (37), which is configured to seal the lower end of the holder (31) and provide support for the silicone rubber elastomer (36), the temperature sensor (35), the ceramic fixing seat (34) and the susceptor (33), so that they can be stably packaged within the installation space (320) of the holder (31) (paragraph 66 of USPGPub ‘029; figures 4, 5 & 6). Additionally, figures 4, 5, 6 & 7 show the end cap (37) with a peripheral portion extending upwards and defining the sealing space (320). The end cap reads on the claim limitation of the second cover as it is supporting the heater and several other elements in conjunction with the first cover (34/311).
[AltContent: textbox (Figure 3 - figure 6 from WO 2021139785 A1 (Wu 2021). Arrows indicate peripheral portion of endcap which define a side portion of the sealing space)]
PNG
media_image3.png
747
288
media_image3.png
Greyscale
Regarding claim 11, Wu modified by Liao teaches an aerosol generating device as described in claim 10. Wu further teaches that the end cup (37) is connected and fixed to the bracket (31) by means of a slot (371) provided thereon, and the bracket (31) has a protrusion on its outer surface that can cooperate with the slot (371) (paragraph 69 of translation; figure 5). The slot (371) reads on the claim limitation of at least one inlet hole formed at the second peripheral portion (end cap, 371). The inlet (371) is further visible in figure 3 of Wu.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), and CN 212852497 U (Liao) as applied to claim 6 above, and further in view of KR 20200030373 A (Jeoung).
[AltContent: textbox (Figure 4 – figure 8 from Jeoung 2020. Inclined support guide portion is indicated by thinner arrow and outlined in black)]
PNG
media_image4.png
397
386
media_image4.png
Greyscale
Wu modified by Liao teaches an aerosol generating device as described by claim 6. Wu modified by Liao does not teach a first cover comprising a support bar protruding inwardly from the first peripheral portion toward the sealing space to support a side portion of the heater and to separate the heater from the first peripheral portion to form a gap in the sealing space or that a sealing member is charged in the gap formed in the sealing space to fix the heater. Jeoung teaches a swirler (800) which surrounds a second heater (760) (paragraph 84 of translation; figure 8). The swirler (800) includes a base plate (820) and a plurality of vanes (830) (paragraph 85 of translation; figure 8). In this case the swirler reads on the claim limitation of a heater cover and the vanes read on the claim limitation of the support bars protruding inwardly from the first peripheral portion toward the sealing space, and would be capable of supporting a side portion of the heater. Figure 8 further shows the vanes as inclined towards the heater and therefore the vanes read on the claim limitation of inclined support guide portions and would be capable of guiding the heater towards the insertion hole.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first peripheral portion of the cover of Wu modified by Liao with the vanes of Jeoung, with reasonable expectation of success, as the vanes serve to support and secure the heater inside the heater cover of the aerosol generating device.
Wu modified by Liao and Jeoung teaches an aerosol generating device as described in claim 6, along with support bars protruding inwardly from the first peripheral portion towards the sealing space to support the side portion of the heater and form a gap in the sealing space. Wu modified by Liao and Jeoung does not teach that a sealing member is charged in the gap formed in the sealing space to fix the heater. Liao further teaches the diaphragm (300) is also provided with a through hole (320), which extends vertically and communicates with the mounting hole (310). The seal (400) is filled in through the hole (320), so that the seal (400) and the through hole (320) form a tight fit (paragraph 38 of translation; figures 3, 4, 7 & 9). The through hole (320) reads on the claim limitation of the gap in the sealing space wherein the sealing member is charged. Since Liao teaches sealant being charged in the sealing space through a through hole in the diaphragm, the sealant would necessarily also be charged in the gaps in the sealing space formed by the support bars (vanes) of Jeoung.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sealing space of Wu, Jeoung and Liao with the gap in the sealing space of Liao, with reasonable expectation of success, because Liao indicates that when the seal is engaged with the through hole, the seal can effectively seal the mounting hole, preventing gas from leaking from the mounting hole through the through hole (paragraph 38 of translation). Additionally, charging sealant in the gap in the sealing space between the support bars helps to further secure the heater inside of the cover.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), CN 212852497 U (Liao) and KR 20200030373 A (Jeoung 2020) as applied to claim 7 above, and further in view of US 20200086068 A1 (Lee).
Wu modified by Liao and Jeoung teaches an aerosol generating device as described by claim 7. Jeoung further teaches a plurality of vanes (830) spaced apart from each other along the inner peripheral surface of the swirler (figure 8). As with claims 7 and 8, the vanes meet the claim limitation of the support bars.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater and cover assembly of the aerosol generating device described by Wu modified by Liao and Jeoung, with the plurality of vanes of Jeoung, with reasonable expectation of success, because adding a plurality of vanes around the heater serves to improve support and stability of the heater inside the aerosol generating device.
Wu modified by Liao and Jeoung does not teach a non-circular flange protruding outward from the heater and supported by the plurality of support bars. Lee teaches that the first cover (20) includes a flange (22) fixed to an outer surface of the heater (10) and protruding outward from the outer surface of the heater (10) (paragraph 83; figure 5). Additionally, figure 5 of Lee shows the flange being non-circular.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater and cover assembly of the aerosol generating device described by Wu modified by Liao and Jeoung with a flange as described by Lee, with reasonable expectation of success, because the addition of the flange improves stability of the heater inside the aerosol generating device. In paragraphs 7 and 8, Lee indicates that the cover comprises a flange fixed to the heater, that the flange is in contact with the surface of the covers, and that inner protrusions of the cover are in contact with the flange, all indicating the flange is used to support the heater.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), and CN 212852497 U (Liao) as applied to claim 5 above, and further in view of US 20200154768 A1 (Han ‘768).
Wu modified by Liao teaches an aerosol generating device as described by claim 5. Wu modified by Liao does not teach a hook hole formed in the second cover; and a hook protruding from the first cover and configured to engage with the hook hole to couple the first cover with the second cover, wherein a gap is formed between the hook hole and the hook engaged with the hook hole and the sealing member and the pipe are connected to each other therethrough. Han ‘768 teaches a connector (50) which includes a protruding portion (51) that protrudes outward. When the connector (50) is located inside the rotating member (40), the protruding portion (51) of the connector (50) is inserted into the groove portion (41) of the rotating member (40), thereby limiting the rotation of the connector (50) relative to the rotating member (40) (paragraph 73; figure 3). The connector (50) meets the claim limitation of the first cover, the protruding portion (51) meets the claim limitation of the hook, the groove portion (41) meets the claim limitation of the hook hole, and the rotating member (40) meets the claim limitation of the second cover. Additionally, figure 2 shows a gap present between the protruding portion (51) and the groove portion (41).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first and second covers of Wu modified by Liao with the hook and hook hole of Han ‘768, with reasonable expectation of success, because Han ‘768 indicates that the hook and hook hole help to ensure the covers and heater are properly coupled during rotation of the heater structure (paragraph 81). Thus, the hook and hook hole would serve to increase coupling and support of the heater inside the aerosol generating device and covers.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), and CN 212852497 U (Liao) as applied to claim 3 above, and further in view of WO 2018110834 A2 (Han ‘834).
Wu modified by Liao teaches an aerosol generating device as described by claim 3. Wu modified by Liao does not teach a latching portion protruding inward from an inner circumferential surface of the pipe toward the insertion space, and wherein the latching portion covers an upper edge of the cover. In figure 47, Han ‘834 shows a latching portion (10040y) which borders the pipe and insertion space, and in figure 46, the latching portion is shown bordering the upper edge of the cover.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol generating device of Wu modified by Liao, with the latching portions of Han ‘834, with reasonable expectation of success, because Han ‘834 indicates that the latching portions serve as an alignment inclined surface which serves to align the center of the cigarette in the insertion space (paragraph 483 of translation).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu 221) (equivalent USPGPub US 2023/0032029 A1 as translation), and CN 212852497 U (Liao) as applied to claim 3 above, and further in view of US 20200221773 A1 (An ‘773).
Wu modified by Liao teaches an aerosol generating device as described by claim 3. Wu modified by Liao does not teach an upper cover comprising a positioning protrusion protruding downwards, and wherein the positioning protrusion is configured to engage with a recess formed in an injection mold to guide the cover to a correct position in the mold, wherein the positioning protrusion is one of a plurality of positioning protrusions each having different shapes, wherein the positioning protrusions are tapered. An ‘773 teaches an upper support portion (720) that includes one or more wing portions (725) bound to the lower support portion (paragraph 101; figures 7 & 9A). The upper support portion meets the claim limitation of a cover, and the wings mee the claim limitation as positioning protrusions. Figure 9B shows the wings as being tapered at their end. And the wings would be capable of positioning the cover in a recess found in an injection mold. Furthermore, the MPEP indicates that altering the size, shape, or proportion of the positioning protrusions are obvious to one of ordinary skill in the art (MPEP 2144.04 (IV) (A & B), as positioning protrusions with different shapes can be used to better secure the heater cover in the aerosol generating device.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cover of the aerosol generating device described by Wu modified by Liao with the positioning protrusions of An ‘773, with reasonable expectation of success, because An ‘773 indicates that when the wing portion of the upper support is bound to the lower support portion that limits the vertical movement of the plurality of segments, and the heater may have a more stable structure (paragraph 101).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021139785 A1 (Wu) (equivalent USPGPub US 2023/0032029 A1 as translation), and CN 212852497 U (Liao) as applied to claim 3 above, and further in view of WO 2020180126 A2 (An ‘126).
Wu modified by Liao teaches an aerosol generating device as described by claim 3. Wu modified by Liao does not teach a cover comprising a positioning recess at a lower portion of the cover configured to engage with a protrusion formed in an injection mold to guide the cover to a correct position in the mold. An ‘126 teaches that a groove (121) is formed on a surface of the supporting portion (120) to be coupled with the inner wall (130), and a projection (131) corresponding to the groove (121) is formed on the inner wall (130) (paragraph 138; figures 3 & 4). The support portion meets the claim limitation of the cover, and the grooves in the cover meet the claim limitation of the positioning recess. The grooves would be capable of engaging with protrusions formed in an injection mold.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the cover of the aerosol device of Wu modified by Liao with the grooves of An ‘126, with reasonable expectation of success, because An ‘126 indicates that when the supporting portion (120) and the inner wall (130) are integrally formed, the projection (131) of the inner wall (130) is accommodated in the groove (121) of the supporting portion (120), thereby preventing relative movements of the supporting portion (120) and the inner wall (130) with respect to each other (paragraph 139).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENDON THOMAS JUENGST/ Examiner, Art Unit 1749
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
Prosecution Insights