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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites "the first sensing hole" in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim. It appears claim 8 should depend from claim 7.
Claim 9 recites "the extension part" and "the sensor accommodating part" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. It appears claim 9 should depend from claim 8 (which in turn depends from claim 7).
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 1 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung (KR20210101045, with English machine translation).
Regarding claim 1, Jung discloses an aerosol-generating device (aerosol generating device 100) comprising:
a body comprising an elongated insertion space (see body 10 with article receiving part 12, [0095]);
a cartridge coupled to the body to be adjacent to the insertion space (cartridge 20, [0096]);
a partition wall formed at the body between the insertion space and the cartridge and configured to provide a first space therein; and a sensor installed at the body and electrically connected to a board disposed in the first space (as seen in Figs. 4, 7, and 8, a portion of the body separates insertion space 12 and the cartridge 20; within this body portion contains electrodes 151,152 and PCB 155--thus there is inherently a space in which a board is disposed). Jung discloses a sensor unit 140 within the body.
Regarding claim 16, the partition wall adjacent to the insertion space extends parallel to the longitudinal direction of the insertion space (see Figs. 4, 7, 8).
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.
Claims 2 and 14 rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR20210101045, with English machine translation) as applied to claim 1 above, and further in view of Memari (US 20150245668).
Regarding claim 2, Jung discloses a portion of the body separating the insertion space 12 and the cartridge 20 wherein electrodes 151,152 and PCB 155 are disposed within this middle portion. Jung does not expressly disclose the internal body structure or a cover covering an opening of the first space. It would have been obvious, however, to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the first space with a cover since it is well known in the art to dispose electronics within a cavity structure of a vaporizer device and to secure the cavity with a cover; for example, Memari, similarly directed towards an aerosol generating device, teaches disposing a PCB board and electrical components within a housing and closing the housing structure with a cover 12 ([0383], Fig. 33). One would have been motivated to facilitate the manufacture of the device by having an opening that permits the installation of electronics and a cover to enable to closure and protection of the components contained within the housing body.
Regarding claim 14, Jung discloses a pipe (see article receiving portion 12 defining an insertion space, Fig. 4). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to provide the cover so as to couple to the body and pipe since Memari discloses providing a multi-part housing with openings and covers/casings to house and secure the components of the device ([0383], Fig. 33). One would have been motivated to facilitate the manufacture of the device by having an opening that permits the installation of components and a cover to enable to closure and protection of the components contained within the housing body.
Claims 3, 4, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR20210101045, with English machine translation) in view of Memari (US 20150245668) as applied to claim 1 above, and further in view of Chen (CN 207855027, with English machine translation).
Regarding claim 3, Jung and Memari do not disclose a sealing member adjacent to the insertion space and positioned between the partition wall and the cover and configured to seal the first space from the insertion space; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the partition wall / first space with a sealing member since Chen, similarly directed towards an aerosol generating device, teaches providing a sealing ring at the opening of a housing to elastically abut against the periphery of the housing and prevent condensate from flowing into the cavity of the housing, which could cause short circuits and damage to electronic components ([0045]).
Regarding claim 4, Jung discloses a portion of the body separating the insertion space 12 and the cartridge 20 wherein electrodes 151,152 and PCB 155 are disposed within this middle portion. Memari is cited above for disclosing the provision of a space defined by walls within a housing to contain electrical components. In providing a space for electrode unit 150 within the housing, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to define the space with first and second partition walls facing the insertion space and the cartridge space so as to form an installation cavity for the electrode unit 150. As to the sealing member comprising a first sealing part to provide a seal between the edge of the partition wall and the cover, Chen discloses providing a sealing ring at the edge of the housing wall opening and the mounting plate with covers the opening so as to prevent condensate from entering the cavity ([0045]).
Regarding claims 12 and 13, the sealing ring is provided at the periphery of the opening to elastically abut the edge and seal the opening ([0045]). In providing a seal at the cover in Jung (modified), one would have found it obvious for the cover to press against the ring so as to form a seal. As to claim 13, Memari discloses screws for securing cover 12 to the device (see Fig. 33).
Claim 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 20200229501).
Regarding claim 1, Han discloses an aerosol generating device (10000) comprising:
a body comprising an elongated insertion space (see case 10001 with insertion portion 10001, Fig. 4, [0085);
a cartridge coupled to the body to be adjacent to the insertion space (liquid storing portion in form of replaceable cartridge, [0089]);
a partition wall formed at the body between the insertion space and the cartridge and configured to provide a first space therein; and a sensor installed at the body and electrically connected to a board disposed in the first space (as seen in Fig. 4, a portion of the body separates insertion space 10001 and the cartridge 14001; within this body portion contains a pressure detection sensor 60).
Han does not disclose the sensor as connected to a board; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have modified the embodiment of Fig. 4A such that the sensor was electrically connected to a board since Han discloses that the sensor can be mounted on a circuit substrate 67 which includes a printed circuit board to supply electricity to the sensor and transmit a detection signal generated by the sensor to the controller ([0127]). In mounting the sensor on a board, the board would be disposed in a space between the insertion space and cartridge. The walls defining the vaporizer, air passages, insertion space, and case are construed as the partition walls which define the first space for the sensor/board (Han discloses more detailed support structures in Fig. 14 embodiment; it would have been obvious to a person having ordinary skill in the art to provide similar supports/walls for the sensor in Fig. 4).
Regarding claim 15, Han discloses sensor 60 is a flow sensor ([0090]). In the embodiment of Fig. 4A, the cartridge comprises an air inlet (10002) and sensor 60 is adjacent the inlet. The sensor is configured to detect flow of air into the inlet ([0090]; while the sensor measurement is indirect, it does detect a flow of air into the inlet).
Allowable Subject Matter
Claims 5-7 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.
Claims 8-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record fails to further teach or suggest the additional structure of the sealing member (claims 5, 6, 8-11) or the extension part of the body with first sensing hole and second space (claim 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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