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 .
Status of the Claims
Claims 1-11 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Reference character “621” (Fig. 7)
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.
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.
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 1-2, 6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Clough et al. (US 20210059305 A1) and Liu (US 20160095353 A1).
Regarding claim 1, Clough teaches an aerosol-generating device (electronic cigarette 2; [0084]) comprising:
a body (cover system 59 comprising panels 60; Fig. 3c; [0088]) shaped to define an elongated insertion space (seating 12; Fig. 1a; [0084]) that is open to an outside;
a button (activation button 96; [0107]) positioned relative to a side of the body (positioned on panel 60a);
a substrate (printed circuit board 94; [0106]) disposed in the body and facing the button (Fig. 4a);
an actuator (lever 97; Fig. 4a; [0113]) disposed between the substrate and the button to provide force relative to the button ([0113]); and
a light source (LEDs 91; [0112]) coupled to the substrate, adjacent to the button, wherein the light source is configured to emit light in a direction parallel to the button and the substrate ([0112] teaches that diffusing element 112 is configured to receive light from the light source. In order to receive this light, it is expected that light is emitted towards the diffusing element 112. This direction would be parallel to the button and the substrate, as seen in Fig. 4a).
Clough does not explicitly teach that the actuator provides an elastic force relative to the button.
Liu, directed to an aerosol generating device (electronic cigarette with a cigarette lighter 100; [0031]) comprising a body (case body 10; [0031]), a button (button 36; Figs. 4-5; [0036]), a substrate (circuit board 34; [0033], [0039]), and an actuator (rubber pad 33; [0042]), teaches that the actuator may be an elastic member such that the button is resilient and may return to its unpressed position ([0042]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Clough by making the actuator of an elastic material so that it may provide an elastic force relative to the button as taught by Liu because both Clough and Liu are directed to aerosol generating devices comprising buttons, Liu teaches that it is known in the art to make an actuator elastic so that the button may better return to its original position, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, Clough teaches that the light source is disposed adjacent to an edge of the button (Figs. 4a, 6; [0112]).
Regarding claim 6, Clough teaches a light transmissive seal (light diffusing element 112; [0112]) disposed between the substrate and the body to occupy a gap between the button and the body (Fig. 4a).
Regarding claim 9, Clough teaches that the light source faces a position corresponding to a center of the button ([0112] teaches that diffusing element 112 is configured to receive light from the light source. In order to receive this light, it is expected that light is emitted towards the diffusing element 112. This direction would be facing a position corresponding to the center of the button, as seen in Fig. 4a).
Regarding claim 10, Clough teaches that the light source is disposed at a position corresponding to an outer side of the button (Figs. 4a, 6; [0112]).
Regarding claim 11, Clough teaches that one side 60a of the body 59 is shaped to define a button hole, wherein the button hole is sized to receive the button (Fig. 1A; [0107], [0112-0113]).
Claims 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Clough and Liu as applied to claims 1 and 2 above, and further in view of McCloy (US 20210052001 A1).
Regarding claim 3, Clough teaches that the button 96 includes a long axis (vertical direction of Fig. 1a) and a short axis (horizontal direction), and wherein the light source 91 is disposed adjacent to one end of the button 96 along the long axis and facing another end of the button along the long-axis (Fig. 6 depicts light source 91a adjacent to the button (placed over switch 110) and facing another end of the button (end near light source 91d)).
Clough does not explicitly teach that the button is elongated.
McCloy, directed to an aerosol generating device (apparatus 10; Fig. 1; [0050]) comprising a button (button 80; [0073]) and a light source configured to emit light in a direction of the button ([0080]), teaches that the button is elongated and includes a long axis and a short axis (see Figs. 1, 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the button of Clough by changing its shape to an elongated shape such as an oval as taught by McCloy because both Clough and McCloy are directed to aerosol generating devices comprising buttons, one having ordinary skill in the art would recognize that changing the button shape may provide an aesthetic or differentiating look to the button, and this involves applying a known teaching to a similar device to yield predictable results.
Furthermore, mere changes in shape are prima facie obvious absent evidence the change is significant. See MPEP § 2144.04 (IV)(B).
Regarding claim 4, Clough teaches a plurality of light sources (LEDs 91; [0112]), wherein the button includes a long axis (vertical direction of Fig. 1a) and a short axis (horizontal direction), and wherein a first one (91a) of the light sources is disposed adjacent to one end of the button along the long axis and a second one (91c) of the light sources is disposed adjacent to another end of the button along the long axis (Fig. 6 depicts light source 91a adjacent to the button (placed over switch 110) and light source 91c adjacent to another end of the button).
Clough does not explicitly teach that the button is elongated.
McCloy, directed to an aerosol generating device (apparatus 10; Fig. 1; [0050]) comprising a button (button 80; [0073]) and a light source configured to emit light in a direction of the button ([0080]), teaches that the button is elongated and includes a long axis and a short axis (see Figs. 1, 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the button of Clough by changing its shape to an elongated shape such as an oval as taught by McCloy because both Clough and McCloy are directed to aerosol generating devices comprising buttons, one having ordinary skill in the art would recognize that changing the button shape may provide an aesthetic or differentiating look to the button, and this involves applying a known teaching to a similar device to yield predictable results.
Furthermore, mere changes in shape are prima facie obvious absent evidence the change is significant. See MPEP § 2144.04 (IV)(B).
Regarding claim 7, Clough teaches that the button 96 is arranged relative to the substrate 94 to define a diffusion space between the button and the substrate (space occupied by diffusing element 112 and lever 97 may be considered to be a diffusion space; Fig. 4a; [0112]), wherein each of the button and the diffusion space is elongated and includes a long axis (vertical direction of Fig. 1a) and a short axis (horizontal direction), and wherein the light source is disposed between a long axis end of the diffusion space and a short axis end of the diffusion space (Fig. 6).
Clough does not explicitly teach that the button and diffusion space are elongated.
McCloy, directed to an aerosol generating device (apparatus 10; Fig. 1; [0050]) comprising a button (button 80; [0073]) and a light source configured to emit light in a direction of the button ([0080]), teaches that the button is elongated and includes a long axis and a short axis (see Figs. 1, 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the button and the corresponding diffusion space of Clough by changing its shape to an elongated shape such as an oval as taught by McCloy because both Clough and McCloy are directed to aerosol generating devices comprising buttons, one having ordinary skill in the art would recognize that changing the button shape may provide an aesthetic or differentiating look to the button, and this involves applying a known teaching to a similar device to yield predictable results.
Furthermore, mere changes in shape are prima facie obvious absent evidence the change is significant. See MPEP § 2144.04 (IV)(B).
Regarding claim 8, Clough teaches a plurality of light sources (LEDs 91; [0112]), wherein the button 96 is arranged relative to the substrate 94 to define a diffusion space between the button and the substrate (space occupied by diffusing element 112 and lever 97 may be considered to be a diffusion space; Fig. 4a; [0112]), wherein each of the button and the diffusion space includes a long axis (vertical direction of Fig. 1a) and a short axis (horizontal direction), wherein a distance between a first one (91a) of the plurality of light sources and a second one (91b) of the plurality of light sources is greater than a length of the long axis of the diffusion space (Figs. 4a, 6 depict that light sources 91a and 91b are at opposite ends of the short axis of the diffusing cavity, which upon modification, is shorter than the long axis. Thus, the light sources would be considered to be further apart than the length of the long axis of the diffusion space).
Clough does not explicitly teach that the button and diffusion space are elongated.
McCloy, directed to an aerosol generating device (apparatus 10; Fig. 1; [0050]) comprising a button (button 80; [0073]) and a light source configured to emit light in a direction of the button ([0080]), teaches that the button is elongated and includes a long axis and a short axis (see Figs. 1, 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the button and the corresponding diffusion space of Clough by changing its shape to an elongated shape such as an oval as taught by McCloy because both Clough and McCloy are directed to aerosol generating devices comprising buttons, one having ordinary skill in the art would recognize that changing the button shape may provide an aesthetic or differentiating look to the button, and this involves applying a known teaching to a similar device to yield predictable results.
Furthermore, mere changes in shape are prima facie obvious absent evidence the change is significant. See MPEP § 2144.04 (IV)(B).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Clough and Liu as applied to claim 1 and further in view of Greim et al. (US 20150020832 A1).
Regarding claim 5, Clough teaches that the button may be surrounded by light transmissive components (diffusing element 112; [0112]).
Clough does not explicitly teach that the button itself comprises a material that is light transmissive.
Greim, directed to an aerosol generating device (aerosol generating device 100; Fig. 1; [0249]) comprising a body (outer housing; [0087]), a button ([0076]) and a light source adjacent to the button (button 106; [0249], [0175-0176]), teaches that the button may be made of a light transmissive material ([0175-0176]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Clough by making the button comprise a light transmissive material as taught by Greim because both Clough and Greim are directed to aerosol generating devices comprising buttons illuminated with lights, Greim teaches that it is known in the art to comprise the button of a light transmissive material, one having ordinary skill in the art would recognize that this would allow the button to be lit more brightly and/or provide an aesthetic preference, and this involves applying a known teaching to a similar device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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