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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 May 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 and 50 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The disclosure is objected to because of the following informalities:
On page 17, ll. 20–21 of the as-filed specification, there is a citation to “2014/0004930 to Davis et al.” Firstly, the citation should include the appropriate country code. Secondly, even a US country code does not produce a document to Davis, as instead it provides unrelated prior art by Cannon et al. Appropriate correction is required.
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.
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.
Claims 21–23, 25, 26, 28, 30, 32, 34–36, 39–42, 44, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR 20-2011-0003499 U) in view of Chapman et al. (US Pub. 2014/0261487).
Claim 21: Yoon discloses an aerosol delivery device comprising:
a housing (10) defining a bottom and a top that are oppositely disposed from one another, first and second sides that are oppositely disposed from one another, and a front and a rear that are oppositely disposed from one another to form a non-cylindrical shape (see figs. 1 and 2);
one or more components disposed within the housing, the one or more components comprising:
a power source (20),
a porous reservoir substrate (62) containing an aerosol precursor composition (“liquid cigarette,” “liquid tobacco”), the reservoir substrate defining a top end and a bottom end along an axis of the reservoir substrate from the top end toward the bottom end (see fig. 4), the axis being coaxial with or parallel to a central axis extending longitudinally through the housing (ibid.), and
an atomizer (52) operatively arranged to receive power from the power source and aerosolize the aerosol precursor composition contained in the reservoir substrate to form an aerosol, wherein the power source is arranged laterally adjacent to the reservoir substrate within the housing (see 20 and 62 in fig. 4);
an opening arranged along the top of the housing through which the aerosol is passed (at 64, see fig. 4), and
a fixed mouthpiece (64) extending from the top of the housing with the opening being arranged in the fixed mouthpiece (see fig. 4).
Yoon does not disclose its porous reservoir substrate defining a top end and a bottom end with an opening extending along an axis of the reservoir substrate from the top end toward the bottom end.
However, Chapman discloses a similar apparatus with a porous reservoir substrate (501; ¶ 68, “porous”) defining a top end (504) and a bottom end (503) with an opening (507) extending along an axis of the reservoir substrate from the top end toward the bottom end (see fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to replace the porous reservoir substrate of Yoon with the porous reservoir substrate with an opening of Chapman for the capacity advantage described in ¶ 66 of Chapman.
Claim 22: Yoon discloses that the bottom and the top are substantially equal in length, and the first and second sides are substantially equal in length (appreciable from the figures; the term “substantially” bridges the gap evident between the top and bottom).
Claim 23: Yoon discloses that the first length is less than the second length (the figures clearly show the width being greater than the depth).
Yoon does not exactly disclose that the housing is rectangular in cross-section because the corners of Yoon’s housing are significantly rounded.
However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to design Yoon such that its corners were not rounded merely as a design choice for aesthetics, thereby resulting in a rectangular cross-section as claimed.
Claim 25: Yoon discloses that the opening is offset from the central axis along the top of the housing (plainly evident given 64 in the figures).
Claim 26: Yoon discloses that the front and the rear are substantially planar surfaces (the figures show these surfaces as substantially planar).
Claim 28: Yoon discloses that the mouthpiece is removable and replaceable relative to the housing (clearly illustrated in fig. 3; also described in the specification, “the heat generating means 50 and the cartridge 60 are combined with the main body 10 in the reverse order of the above-described method”).
Claim 30: Yoon discloses an outer body containing the porous reservoir substrate (see the structure immediately surrounding 26 in fig. 4).
Claim 32: Yoon discloses that the reservoir substrate is arranged within the housing such that the opening in the top end of the reservoir substrate is aligned with the opening in the housing (appreciable from figs. 3 and 4) and the bottom end of the reservoir substrate is proximate the bottom of the housing (the bottom of 62 is aimed toward the bottom of the housing, see e.g. fig. 4).
Claim 34: Modified as per claim 21 above, Chapman discloses that the atomizer is inserted in the opening of the reservoir substrate (see 520 in figs. 3 and 4).
Claim 35: Yoon discloses that the one or more components disposed within the housing further comprise positive and negative terminals that electrically connect the atomizer to the power source (as Yoon features a power source 20 which powers the atomizer 52, and as all of the components are disposed within the housing as depicted in fig. 4, and as positive and negative terminals are necessary and inherent with parts powered by a power source, Yoon discloses positive and negative terminals between the power source and atomizer within the housing as claimed).
Claim 36: Yoon discloses that the one or more components disposed within the housing further comprise at least one of an input mechanism (80), an indicator, and a light emitter (“flashing LED member”).
Claim 39: Yoon discloses that the aerosol precursor composition includes tobacco (“liquid tobacco”) and/or a glycol.
Claim 40: Yoon discloses that one or more of: the bottom and top are parallel to one another, the first and second sides are parallel to one another, and the front and the rear are parallel to one another to form the non-cylindrical shape (Yoon discloses all of these features, as shown in the figures).
Claim 41: Yoon discloses that the power source and the opening are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them).
Claim 42: Yoon discloses that the power source and the reservoir substrate are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them).
Claim 44: Yoon discloses a user interface (80) configured to output information through an output device selected from the group consisting of a display, a speaker, and other output device (“The lighting of the LED member according to the operation of the control button 80 is normally lit by blue light, but when the liquid cigarette needs to be charged, or when the power supply means 20 needs to be charged, the red color is to be turned on”).
Claim 49: Yoon discloses that the bottom, the top, the first and second sides, and the front and the rear of the housing are assembled in a fixed relationship with one another to form the non-cylindrical shape (clearly appreciable from the figures).
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman as applied to claim 21 above, and further in view of Felter et al. (US Pub. 2004/0200488).
Yoon does not disclose a sensor configured to detect a pressure drop or flow of air associated with a draw on the mouthpiece, the sensor being positioned proximate the bottom of the housing and distal to one or both of the power source and the atomizer.
However, Felter discloses a similar apparatus with a sensor configured to detect a pressure drop or flow of air (¶ 35, “flow sensor”) associated with a draw on a mouthpiece (18, 20). Felter discloses that this flow sensor is “mounted to the printed circuit board 60” (¶ 35).
Furthermore, Yoon clearly depicts a circuit board (75) proximate the bottom of its housing and distal to one or both of the power source and the atomizer (see 75 in fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to mount the flow sensor of Felter to the circuit board of Yoon to allow a user to automatically activate the vaporizer upon drawing sensed by the flow sensor.
Claims 50–53, 55, 57, 59–61, 64–67, and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR 20-2011-0003499 U) in view of Chapman (US Pub. 2014/0261487) and Felter et al. (US Pub. 2004/0200488).
Claim 50: Yoon discloses an aerosol delivery device comprising:
a housing (10) defining a bottom and a top that are oppositely disposed from one another, first and second sides that are oppositely disposed from one another, and a front and a rear that are oppositely disposed from one another, wherein the bottom, the top, the first and second sides, and the front and the rear of the housing are assembled in a fixed relationship with one another to form a non-cylindrical shape (see figs. 1 and 2);
one or more components disposed within the housing, the one or more components comprising:
a power source (20),
a porous reservoir substrate (62) containing an aerosol precursor composition (“liquid cigarette,” “liquid tobacco”), the reservoir substrate defining a top end and a bottom end along an axis of the reservoir substrate from the top end toward the bottom end (see fig. 4), and
an atomizer (52) operatively arranged to receive power from the power source and aerosolize the aerosol precursor composition contained in the reservoir substrate to form an aerosol, wherein the power source is arranged laterally adjacent to the reservoir within the housing (see 20 and 62 in fig. 4);
an opening (at 64, see fig. 4) arranged along the top of the housing through which the aerosol is passed; and
a fixed mouthpiece (64) extending from the top of the housing with the opening being arranged in the fixed mouthpiece (see fig. 4).
Yoon does not disclose its porous reservoir substrate defining a top end and a bottom end with a continuous opening extending along an axis of the reservoir substrate from the top end toward the bottom end.
However, Chapman discloses a similar apparatus with a porous reservoir substrate (501; ¶ 68, “porous”) defining a top end (504) and a bottom end (503) with a continuous opening (507) extending along an axis of the reservoir substrate from the top end toward the bottom end (see fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to replace the porous reservoir substrate of Yoon with the porous reservoir substrate with an opening of Chapman for the capacity advantage described in ¶ 66 of Chapman.
Yoon does not disclose a flow sensor positioned proximate the bottom of the housing and distal to one or both of the power source and the atomizer.
However, Felter discloses a similar apparatus with a flow sensor (¶ 35, “flow sensor”). Felter discloses that this flow sensor is “mounted to the printed circuit board 60” (¶ 35).
Furthermore, Yoon clearly depicts a circuit board (30) proximate the bottom of its housing and distal to one or both of the power source and the atomizer (see 30 in fig. 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to mount the flow sensor of Felter to the circuit board of Yoon to allow a user to automatically activate the vaporizer upon drawing sensed by the flow sensor.
Claim 51: Yoon discloses that the bottom and the top are substantially equal in a first length, and the first and second sides are substantially equal in length (appreciable from the figures; the term “substantially” bridges the gap evident between the top and bottom), and wherein the first length is less than the second length (the figures clearly show the width being greater than the depth).
Yoon does not exactly disclose that the housing is rectangular in cross-section because the corners of Yoon’s housing are significantly rounded.
However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to design Yoon such that its corners were not rounded merely as a design choice for aesthetics, thereby resulting in a rectangular cross-section as claimed.
Claim 52: Yoon discloses that a central axis extends longitudinally through the housing (a conceptual central longitudinal axis is appreciable from the figures), and that the opening is arranged offset from the central axis along the top of the housing (plainly evident given 64 in the figures).
Claim 53: Yoon discloses that the front and the rear are substantially planar surfaces (the figures show these surfaces as substantially planar).
Claim 55: Yoon discloses an outer body containing the porous reservoir substrate (see the structure immediately surrounding 26 in fig. 4).
Claim 57: Yoon discloses that the reservoir is arranged within the housing such that the opening in the top end of the reservoir substrate is aligned with the opening in the housing (appreciable from figs. 3 and 4) and the bottom end of the reservoir substrate is proximate the bottom of the housing (the bottom of 62 is aimed toward the bottom of the housing, see e.g. fig. 4).
Claim 59: Modified as per claim 50 above, Chapman discloses that the atomizer is inserted in the opening of the reservoir substrate (see 520 in figs. 3 and 4).
Claim 60: Yoon discloses that the one or more components disposed within the housing further comprise positive and negative terminals that electrically connect the atomizer to the power source (as Yoon features a power source 20 which powers the atomizer 52, and as all of the components are disposed within the housing as depicted in fig. 4, and as positive and negative terminals are necessary and inherent with parts powered by a power source, Yoon discloses positive and negative terminals between the power source and atomizer within the housing as claimed).
Claim 61: Yoon discloses that the one or more components disposed within the housing further comprise at least one of an input mechanism (80), an indicator, and a light emitter (“flashing LED member”).
Claim 64: Yoon discloses that the aerosol precursor composition includes tobacco (“liquid tobacco”) and/or a glycol.
Claim 65: Yoon discloses that one or more of: the bottom and top are parallel to one another, the first and second sides are parallel to one another, and the front and the rear are parallel to one another to form the non-cylindrical shape (Yoon discloses all of these features, as shown in the figures).
Claim 66: Yoon discloses that the power source and the opening are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them).
Claim 67: Yoon discloses that the power source and the reservoir substrate are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them).
Claim 69: Yoon discloses a user interface (80) configured to output information through an output device selected from the group consisting of a display, a speaker, and other output device (“The lighting of the LED member according to the operation of the control button 80 is normally lit by blue light, but when the liquid cigarette needs to be charged, or when the power supply means 20 needs to be charged, the red color is to be turned on”).
Claims 33, 38, 58, and 63 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman as applied to claim 21, and Yoon in view of Chapman and Felter as applied to claim 50 above, each further in view of Shin (US Pub. 2013/0167854).
Claims 33 and 58: Yoon does not disclose that the one or more components disposed within the housing further comprise a flow tube extending through the opening in the reservoir substrate to direct the aerosol entrained with air therethrough for passage through the opening in the housing. Yoon does not explicitly disclose how the mouthpiece draws air through the reservoir.
However, Shin discloses a similar apparatus where one or more components disposed within a housing comprise a flow tube (221) extending through an opening in a reservoir (see fig. 5 showing tubular portion 221 extending into the entrance recess 321 of the reservoir of cartridge 3) to direct the aerosol entrained with air therethrough for passage through the opening in the housing.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to implement the flow tube of Shin into the reservoir substrate of Yoon as a means of enabling the passage of air from the environment, though the reservoir, and through the mouthpiece to a user.
Claims 38 and 63: Yoon does not disclose that the atomizer is a wire defining a plurality of coils that generate heat to heat the aerosol precursor composition and form the aerosol for passage through the opening. Yoon does not describe the exact structural form of its atomizer, and its figure is too generic to be relied upon.
However, Shin discloses a similar apparatus where an atomizer is a wire defining a plurality of coils (heating coil 222; clearly understandable formed as a wire defining a plurality of coils given the multiply wound structure shown zoomed-in in fig. 12) that generate heat to heat an aerosol precursor composition and form the aerosol for passage through an opening (see ¶ 77).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to construct the atomizer of Yoon as a plurality of heating coils, as taught by Shin, as a known structural arrangement for a heater suitable for an aerosol delivery device.
Claims 37 and 62 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman as applied to claim 21 above, and Yoon in view of Chapman and Felter as applied to claim 50 above, each further in view of Shayan (US Pat. 6,772,756).
Yoon does not disclose that the device comprises one or more operational modes.
However, Shayan discloses a similar device that comprises one or more operational modes (col. 4, ll. 60–66).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the operational modes of Shayan to the device of Yoon to prevent unsafe power delivery to the heating element during charging.
Claim 45 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman as applied to claim 44 above, and Yoon in view of Chapman and Felter as applied to claim 69 above, each further in view of Liu (US Pub. 2013/0336358).
Yoon does not disclose that its user interface is a display, the display having a display cover engageable therewith.
However, user interface displays are already known in the art, as disclosed in Liu (display unit 72′), and before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to install the display of Liu into Yoon to provide useful information of measured temperature, quantity of electrical power, and ambient air temperature (¶ 50 of Liu).
Claims 47 and 71 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman and Felter as applied to claims 46 and 50 above, each further in view of Newton (US Pub. 2013/0312776).
Neither Yoon nor Felter disclose a flow sensor seal arranged to seal against the flow sensor.
However, flow sensor seals are known in the art, as shown in Newton (pressure seal 50 for pressure sensor 46).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a flow sensor seal, like that taught in Newton, to ensure that air properly flowed by the flow sensor of Felter implemented into Yoon.
Claims 48 and 72 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Chapman as applied to claim 21 above, and Yoon in view of Chapman and Felter as applied to claim 50 above, each further in view of Johansen (US Pat. 3,981,069).
Yoon is silent regarding one or more leads engaged with the power source, the leads being secured to the power source via tape wrapped around.
However, Yoon features some electrical connection between the power supply 20 and the heating generating member 52 that makes leads necessary and inherent.
Furthermore, it is generally known throughout the electrical arts that electrical connections, including power source connections, can be facilitated by tape. Johansen discloses an example of an invention that uses tape to connect a power source to an element (col. 5, lns. 1–10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to employ the tape taught by Johansen to connect the power source leads of Yoon as a known and effective means of electrically connecting the parts which are surely produced separately.
Conclusion
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/JOHN J NORTON/Primary Examiner, Art Unit 3761
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