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.
Claim 1 is 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 1 is indefinite because the claim both requires the lower surface of the extension part to be adjacent to the upper surface of the cartridge when the cartridge is seated on the seating part, while also requiring a gap between the lower surface of the extension part and the cartridge. It is unclear if the claim requires the lower surface of the extension part to be adjacent to this gap or if the claim requires the lower surface of the extension part to be adjacent to the cartridge or if the claim requires a gap between adjacent parts of the device. It is further unclear how the term “adjacent” is to be interpreted consistently with how it is used in the claim. For the purposes of this office action and compact prosecution the claim term “adjacent” is interpreted to require “nearby” but not necessarily touching, which is consistent with the claim and instant specification.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20200345066A1) in view of An (US20210059300A1).
Regarding Claim 1, Kim teaches an aerosol-generating device [0032] comprising:
a pipe part defining an insertion space (support portion 41 and insertion passage 42, see [0080] and FIGs 6-7) and
a seating part (cartridge mounting portion seat 49 [0075], see FIG 6-7) extending from a lower portion and an extension part extending from an upper portion; and
a cartridge configured to be seated on the seating part (e.g., cartridge 50 is detachably seated on seating part 49, see [0075] and FIG 6-7,
a lower surface of the extension part (e.g., lower surface of upper plate 75, see [0092] and FIG 6) is adjacent to an upper surface of the cartridge (top of cartridge 50, see FIG 6) when the cartridge is seated on the seating part (see FIG 6),
However, Kim fails to explicitly disclose that the lower surface of the extension part ( part of 75 that extends over top adjacent to the upper surface of the cartridge) comprises an inclined surface such that a gap between the cartridge and the lower surface is gradually increased toward an end of the extension part.
However, Kim teaches that cartridge mounting portion 49 guides cartridge coupling, including through mounting grooves or protrusions [0072]. It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the shape of Kims cartridge facing upper plate/guide structure to form it with an inclined lower lead-in surface to guide insertion and progressively increase clearance towards the free end in order to guide cartridge coupling through protrusions as suggested by Kim in [0072]. The claimed increasing gap necessarily results from that inclined shape. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 2, modified Kim teaches the claim limitations as set forth above. Additionally, Kim teaches the cartridge comprises an inlet (50a) at the upper surface of the cartridge ([0078], the cartridge comprises an air inlet hole 50a at the upper surface of the cartridge through which air is introduced from outside, see FIG 6).
Claims 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20200345066A1) as applied to claim 2 and in view of Qiu (US20210298356A1).
Regarding Claim 3, modified Kim teaches the claim limitations as set forth above.
However, Kim fails to explicitly disclose an airflow sensor in its cartridge facing upper plate 75 and therefore fails to explicitly disclose a sensor disposed at the extension part (in the airflow channel) and configured to sense air flow.
However, Qiu teaches an aerosol generating device with a cartridge in the same field and teaches when the cartridge is installed in place that airflow sensor 6131 is positioned in a lower surface mounting groove at the upper end of battery holder 62 aligned with sensing groove 624 to detect a users draw on the device (see FIG 20, and [0164]-[0165]). Qiu further teaches that the airflow sensor 6131 provides an activation signal for operation of the heating member 5451.[0166]
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify Kim and dispose the airflow sensor 6131 of Qiu into the cartridge facing extension of modified Kim adjacent to the inlet 50a of Kim so the sensor can detect induced pressure/airflow from user draw and control aerosol generation in the known manner as taught by Qiu with a reasonable expectation of success.
Regarding Claim 4, modified Kim teaches the claim limitations as set forth above.
Qiu teaches a sensing hole (5414) formed at the lower surface of the extension part at a position corresponding to the sensor (e.g., Qiu teaches a sensing aperture 5414 at the cartridge facing interface in bottom base 541, aligned with sensing hole 5426 and sensing passage 5161 which communicate with sensing groove 624 and sensing gap 613 containing sensor 6131 (a position corresponding to sensor 6131, see [0157] and [0167]).
Regarding Claim 5, modified Kim teaches the claim limitations as set forth above. Additionally, modified Kim includes Kim’s upper plate 75 extending over cartridge 50 and from cigarette support portion 41 (see Kim [0092], FIG 6-7). Kim’s plate 75 is shown with a planar horizontally extending cartridge facing portion between support portion 41 and the cartridge entry end.
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify only the outboard/free end of Kim’s planar upper plate 75 with the modified change in shape with an inclined lead in end to guide coupling as explained above, while retaining the inboard portion of Kim’s plate adjacent cigarette support portion 41 as planar and horizontal. The retaining portion is therefore the claimed flat surface extending horizontally between the inclined surface and the portion of the pipe part. This modification provides the known leadin for cartridge installation while preserving Kims existing cover/support geometry.
Regarding Claim 6, modified Kim includes the retained planar lower surface of upper plate 75 as the claim 5 flat surface (e.g., at a second distance D2 from cartridge 50). The claim 5 modification applies the obvious change in shape shape modification to the bottom surface of 75 as explained above in the rejection of claim 1 and also with the rejection of claim 5 and the inclined leadin only at the free cartridge/entry end of the plate 75. Thus as Kim is modified with the inclined lead-in end on the lower surface of the upper plate 75 (see FIG 6), the geometric consequence would include a first distance between the inclined surface and the upper surface of the cartridge at the end of the extension part is greater than at a second distance between the flat surface and the upper surface of the cartridge.
Regarding Claim 7, modified Kim teaches the claim limitations as set forth above. Qiu teaches the sensing hole is formed at the flat surface. (e.g., Qiu teaches placing the sensing aperture 5414 in the cartridge mating interface, with sensing hole 5426 and sensing groove 624 aligned to communicate with sensor 6131 when the cartridge is installed as explained above [0157]. The surface on which this sensing hole in Qiu is formed is a flat surface
Regarding Claim 8, modified Kim teaches the claim limitations as set forth above.
However, modified Kim does not explicitly disclose the inlet position is misaligned with the sensing hole. However, Kim already provides the cartridge air inlet hole 50a facing cover 70 [0074], and modified Kim includes the inclined guide portion and sensing holes required by claims 1-4.
It would be obvious to a person of ordinary skill in the art to rearrange these known parts by locating cartridge inlet 50a opposite the inclined portion of the extension and locating the sensing hole at a different position of the extension, such that the inlet and sensing hole are misaligned. This is a predictable spatial rearrangement of the inlet and sensing opening locations in Kim’s cartridge/cover arrangement.
Regarding Claim 9, modified Kim teaches the claim limitations as set forth above.
Additionally, Kim teaches the cartridge comprises: a first chamber configured to store a liquid (cartridge 50 holes a liquid material 51 [0081], the accommodation location of the liquid is the first chamber);
a second chamber (50p) surrounds the liquid heater 53 [0052] and is below the first chamber, e.g., the second chamber (50p) is below the first chamber that stores the liquid in (51)
Kim teaches a wick disposed in the second chamber and configured to receive the liquid from the first chamber (Kim teaches wick 54 receiving liquid material 51 in aerosol generation chamber 50p, see Kim [0082];
a heater configured to heat the wick (Kim teaches liquid heater 53 heating wick 54 [0082];
an outlet leading from the second chamber to the insertion space (Kim teaches outlet 50e from aerosol generation chamber 50p, delivery passage 41p, and cigarette insertion passage 42, see Kim [0082] and [0085]; and
an inflow passage extending from the inlet to the second chamber in a direction parallel with a longitudinal direction of the first chamber (Kim teaches air passage 50s connecting inlet 50a to chamber 50p [0082] and teaches cartridge 50 parallel to the longitudinal direction of cigarette 2, which is interpreted to be in a direction parallel with a longitudinal direction of the first chamber).
Regarding Claim 10, modified Kim teaches the claim limitations as set forth above.
Modified Kim fails to explicitly disclose an upper surface inlet positioned to face a sensing hole through an overlying extension.
Kim teaches upper surface inlet 50a [0108] and Qiu teaches sensor 6131 with sensing aperture 5414/sensing hole 5426 [0157].
Modified Kim does not explicitly disclose inlet 50a facing the sensing hole. However, Qiu teaches that airflow path through its sensing aperture/hole path is communicated to sensor 6131 for airflow detection [0167].
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to rearrange the relative positions of Kims upper surface inlet 50a and the Qiu derived sensing hole so that they directly oppose one another across the cartridge/upper plate gap. This is a predictable rearrangement of known inlet and sensing/opening elements on already facing surfaces, such a modification allows airflow to be directly communicated to the sensor path while retaining Kims cartridge operation and Qius airflow sensing function, therefore it would be an obvious rearrangement of parts. Rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. See MPEP § 2144.04 VI C.
Regarding Claim 11, modified Kim teaches the claim limitations as set forth above. Additionally, Kim teaches the cartridge comprises:
a first chamber (50) configured to store a liquid (e.g., Kim teaches cartridge 50 storing liquid material 51, [0082], wherein
the inlet is positioned above the first chamber (see claim 10 modification in which Kims upper surface inlet 50a is rearranged to face the Qiu derived sensing hole in upper plate 75);
a second chamber (50p) (Kim teaches aerosol generation chamber 50p [0082], which is disposed below the first chamber 50, see (FIG 6)
Kim teaches a wick (54) disposed in the second chamber (50p) and configured to receive the liquid from the first chamber (Kim teaches wick 54 receiving liquid material 51 in second chamber 50p, [0082]);
a heater (53) configured to heat the wick (54) [0082];
an outlet (50e) leading from the second chamber (50p) to the insertion space (42), see Kim [0082] and [0085];
a first inflow passage (50s) extending in a direction parallel to a longitudinal direction of the first chamber (50) (e.g., the passage extends in a direction parallel to a longitudinal direction of the first chamber) and leading to the second chamber (50p) [0082]; and
a second inflow passage (section of air passageway adjacent to ventilation hole 70a [0093]) formed above the first chamber (50) and connecting the inlet to the first inflow passage (50s). (see annotated Kim FIG 6 below)
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./Examiner, Art Unit 1747
/RUSSELL E SPARKS/Primary Examiner, Art Unit 1755
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