DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Status of the Claims
Claims 16-33 are pending. Claims 16-33 are new.
Claim Rejections - 35 USC § 102
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.
Claims 16-22 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bellusci et al. (WO 2019/170896 A1).
Regarding claim 16, Bellusci discloses an aerosol-generating device (“aerosol-generating device 10”, Fig. 1, Page 11, Line 28), comprising:
a housing (“housing 12”, Fig. 1, Page 11, Line 30) comprising:
a first housing portion (“second housing 16”, Fig. 1, Page 11, Line 30) defining a cavity (“the second housing 16 defines a cavity 32” in Fig. 1, Page 12, Line 9) configured to receive an aerosol-forming substrate (“for receiving an aerosol-generating article”, Page 12, Line 9) and an opening at an end of the cavity (“aperture 34 positioned at an end of the cavity 32”, Fig. 1, Page 12, Line 10), and
a second housing portion (“first housing 14”, Fig. 1, Page 11, Line 30) configured for removable attachment to the first housing portion (“second housing 16 may also be detached from the first housing 14”, Page 11, Lines 32-33); and
a closure member (combination of “cover element 42” and “mechanical linkage 50”, Fig. 1, Page 12, Lines 22 and 29) connected to the second housing portion (connected indirectly via the first housing portion), wherein the closure member is moveable between a closed position in which the closure member at least partially covers the opening when the second housing portion is attached to the first housing portion and an open position in which the opening is uncovered when the second housing portion is attached to the first housing portion (“The cover element 42 is rotatable between a closed position in which the cover portion 44 covers the aperture 34 and an open position in which the cover portion 44 does not cover the aperture 34. The closed position is shown in Figure 2 and the open position is shown in Figure 1.”, Figs. 1-2, Page 12, Lines 24-27, “when a user is ready to use the aerosol-generating device, the user may move the cover element from the closed position and into the open position”, Page 2, Lines 3-4).
Regarding claim 17, Bellusci discloses the aerosol-generating device according to claim 16 as stated above. Bellusci further discloses wherein the closure member comprises a fixed portion (“mechanical linkage 50”, Fig. 1, Page 12, Line 29) connected to the second housing portion (connected indirectly via the first housing portion) and a moveable portion (“cover element 42”, Fig. 1, Page 12, Line 22) connected to the fixed portion (“mechanical linkage 50 arranged to interact with the shaft portion 48 of the cover element 42”, Page 12, Lines 29-30), and
wherein the moveable portion is moveable with respect to the fixed portion between the closed position and the open position (compare Figs. 1 and 2).
Regarding claim 18, Bellusci discloses the aerosol-generating device according to claim 17 as stated above. Bellusci further discloses wherein the moveable portion is rotatable with respect to the fixed portion (“The cover element 42 is rotatable between a closed position in which the cover portion 44 covers the aperture 34 and an open position in which the cover portion 44 does not cover the aperture 34”, Page 12, Lines 24-26).
Regarding claim 19, Bellusci discloses the aerosol-generating device according to claim 17 as stated above. Bellusci further discloses wherein the moveable portion is arranged to overlie the fixed portion when the moveable portion is in the open position (see Fig. 1).
Regarding claim 20, Bellusci discloses the aerosol-generating device according to claim 16 as stated above. Bellusci further discloses a latching element (combination of “second magnet 56” and “latching mechanism 158”, Fig. 6, Page 12, Line 33 and Page 13, Line 1) arranged to retain the closure member in the open position (“the latching mechanism retains the cover element in the open position”, Page 2, Lines 5-6).
Regarding claim 21, Bellusci discloses the aerosol-generating device according to claim 21 as stated above. Bellusci further discloses wherein the latching element comprises at least one magnetic element (“second magnet 56”, Fig. 1, Page 12, Line 33).
Regarding claim 22, Bellusci discloses the aerosol-generating device according to claim 16 as stated above. Bellusci further discloses a retaining element (“closing mechanism 159”, Fig. 6, Page 13, Lines 1-2) arranged to retain the closure member in the closed position (“The closing mechanism may comprise a cover biasing element arranged to bias the cover element towards the closed position”, Page 4, Lines 35-36).
Regarding claim 33, Bellusci discloses the aerosol-generating device according to claim 16 as stated above. Bellusci further discloses an electric heater (“heater 22 is an electrical heater”, Fig. 1, Page 11, Line 37) positioned within the first housing portion (see Figs. 1 and 2);
a power supply (“power supply 20”, Fig. 1, Page 11, Line 36) positioned within the second housing portion (see Fig. 1); and
a controller (“controller 18”, Fig. 1, Page 11, Line 34) positioned within the second housing portion (see Fig. 1), wherein the controller is configured to control a supply of power form the power supply to the electric heater when the second housing portion is attached to the first housing portion (“controller 18 supplies power from the power supply 20 to the resistive heating element 24 to resistively heat the heater 22”, Page 12, Lines 1-2, "During use, the heater 22 heats the aerosol-generating article received within the cavity 32 to generate an aerosol. When a user draws on the aerosol-generating article, air is drawn into the aerosol-generating device 10 via the air inlet 38 and into the cavity 32 through the airflow opening 40. The air then flows through the aerosol-generating article to deliver the generated aerosol to the user.", Page 12, Lines 16-21)
Claims 16 and 22-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (US 2021/0094059 A1, listed by applicant on IDS filed 1/16/2024).
Regarding claim 16, Lu discloses an aerosol-generating device (“detachable atomizing device 100”, Fig. 1, ¶ 0043), comprising:
a housing (combination of “atomizing assembly 1”, Fig. 1, ¶ 0043, and “cup 31”, Fig. 1, ¶ 0053) comprising:
a first housing portion (“cup 31”, Fig. 1, ¶ 0053) defining a cavity (cavity in the first housing portion 31 shown in Fig. 8) configured to receive an aerosol-forming substrate (“liquid” is received into the cavity of first housing portion 31 through “liquid inlet 312”, ¶ 0053; “liquid” is an aerosol-forming substrate as it passes through “atomizing holes 3211” shown in Fig. 3 “to be formed as aerosol mist”, ¶ 0056) and an opening (“liquid inlet 312”, Fig. 8, ¶ 0053) at an end of the cavity, and
a second housing portion (“atomizing assembly 1”, Fig. 1, ¶ 0043) configured for removable attachment to the first housing portion (“container 3 that is detachably assembled to the atomizing assembly 1”, ¶ 0043, where “container 3 includes a cup 31”, ¶ 0053); and
a closure member (“lid 33”, Fig. 1, ¶ 0053) connected to the second housing portion (connected indirectly via the first housing portion), wherein the closure member is moveable (“bendably connected”, ¶ 0053) between a closed position in which the closure member at least partially covers the opening when the second housing portion is attached to the first housing portion (position shown in Fig. 1 wherein the lid is “engaged with the cup 31 to cover the liquid inlet 312”, ¶ 0053) and an open position in which the opening is uncovered when the second housing portion is attached to the first housing portion (“lid 33 that detachably covers the cup 31”, ¶ 0053).
Regarding claim 22, Lu discloses the aerosol-generating device according to claim 16 as stated above. Lu further discloses a retaining element (see Fig. 8 below, annotated by examiner) arranged to retain the closure member in the closed position (see Fig. 8 below, annotated by examiner).
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Figure 8, Annotated by Examiner
Regarding claim 23, Lu discloses the aerosol-generating device according to claim 22 as stated above. Lu further discloses wherein the retaining element comprises a protrusion on the closure member (see Fig. 8 above, annotated by examiner), and
wherein the protrusion is arranged to be received in the opening of the first housing portion when the closure member is in the closed position (see Fig. 8 above, annotated by examiner).
Regarding claim 24, Lu discloses the aerosol-generating device according to claim 23 as stated above. Lu further discloses wherein the protrusion is sized to be retained within the opening by an interference fit (see Fig. 8 above, annotated by examiner).
Regarding claim 25, Lu discloses the aerosol-generating device according to claim 23 as stated above. Lu further discloses wherein the protrusion has an annular shape (as the protrusion extends around “liquid inlet 312”, see Fig. 8).
Regarding claim 26, Lu discloses the aerosol-generating device according to claim 16 as stated above. Lu further discloses wherein the first housing portion defines a recess (portion of the cavity above component 13, see Fig. 6 below, annotated by examiner), and
wherein at least part of the closure member is positioned within the recess (see Fig. 6 below, annotated by examiner).
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Figure 6, Annotated by Examiner
Regarding claim 27, Lu discloses the aerosol-generating device according to claim 26 as stated above. Lu further discloses wherein at least part of the opening is positioned within the recess (see Fig. 6 above, annotated by examiner).
Regarding claim 28, Lu discloses the aerosol-generating device according to claim 26 as stated above. Lu further discloses wherein the housing comprises a first end (portion of the housing above component 13 in Fig. 6) and a second end (remaining portion of the housing) opposite the first end (see Fig. 6),
wherein the opening is positioned at the first end of the housing (see Fig. 6),
wherein the housing further comprises a rim (portion of the top surface of component 13 which directly contacts “cup 31”, see Fig. 6 below, annotated by examiner) extending at least partially around a perimeter of the first end of the housing, and
wherein the recess is defined by the rim (as the recess is the portion of the cavity above the rim).
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Figure 6, Annotated by Examiner
Regarding claim 29, Lu discloses the aerosol-generating device according to claim 28 as stated above. Lu further discloses wherein each of the first housing portion and the second housing portion defines part of the rim (as the rim is the portion of the top surface of the second housing portion which directly contacts the first housing portion).
Regarding claim 30, Lu discloses the aerosol-generating device according to claim 28 as stated above. Lu further discloses wherein the housing comprises a gap in the rim at the perimeter of the first end of the housing (“accommodating slots 132”, Fig. 2, ¶ 0052).
Regarding claim 31, Lu discloses the aerosol-generating device according to claim 30 as stated above. Lu further discloses wherein the gap is positioned on the first housing portion (see Fig. 10 which shows gap 132 on the first housing portion of “container 3”).
Regarding claim 32, Lu discloses the aerosol-generating device according to claim 16 as stated above. Lu further discloses wherein the first housing portion comprises a first end (top end of the first housing portion in Fig. 6), a second end (bottom end of the first housing portion in Fig. 6) opposite the first end, and at least one sidewall (sidewall of the first housing portion which includes “two positioning protrusions 313” in Fig. 6, ¶ 0054) extending between the first end and the second end (see Fig. 6),
wherein the opening is positioned at the first end of the first housing portion (see Fig. 6), and
wherein the second housing portion is configured for removable attachment to the at least one sidewall (“Each of the two retaining slots 133 and the corresponding bump 134 are configured to hold one of the two positioning protrusions 313 there-between, thereby maintaining the relative position of the cup 31 and the top seat 13”, ¶ 0054).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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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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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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