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 .
Drawings
All of the drawings are objected to as failing to comply with 37 CFR 1.84(u)(2) which requires that the numbers and letters identifying the views must be simple and clear and must not be used in association with brackets or inverted commas, e.g., “[FIG. 1]” should be written as “FIG. 1”…etc..
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “355” has been used to designate both stick stopper 355 [59] and space 355 [125]-[127].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "335" and "355" have both been used to designate stick stopper, the recitation of stick stopper 335 at [141] appears to be a typographical error as the recitation is inconsistent with FIG 6 and appears to be intended to be stick stopper 355.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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 § 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 3, 5, 7, and 9 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 3 recites the limitation “corresponding lateral ends of the outer wall of the cartridge and the stick support portion contact each other;” which fails to distinctly claim the subject matter regarded as the invention. It is unclear which lateral ends of the cartridge wall correspond to which lateral ends of the stick support portion, and whether “corresponding” requires alignment, matching location, matching shape, if the outer wall and stick merely contact each other at the ends of the insertion space, or another relationship. Further it is unclear how mere contact between the undefined “corresponding lateral ends” defines the claimed insertion space, including whether the contact forms a boundary of the insertion space, closes an end of the insertion space, or instead eliminates space at the location of contact. For the purposes of compact prosecution and this office action, the claim is interpreted to require the outer wall and stick to contact each other at the ends of the insertion space.
Claim 5 recites the limitation “a shape corresponding to the stick” and “a shape corresponding to the column”. Both of these phrases fail to distinctly claim the subject matter regarded as the invention. It is unclear what degree or type of geometric correspondence is required between the respective surfaces and the stick or column. For example, the claim does not specify whether the respective surface shape must conform to, be complimentary to, have a matching curvature, or merely generally share a surface face with the stick or column, or simply a shape suitable for interfacing with the respective component. For the purposes of compact prosecution and this office action the limitation “shape corresponding to” is interpreted to require a shape suitable for interfacing with the respective component
Claim 7 recites the limitation “a sensor…configured to output a signal corresponding to the insertion space” fails to distinctly claim the subject matter regarded as the invention. The claim does not identify the information represented by the signal or the relationship between the signal and the insertion space. For example, it is unclear whether the “signal corresponding” indicates whether the insertion space is open, whether a stick is present in the insertion space, a position of the stick, whether the insertion opening is open or closed corresponding to the insertion space, whether the signal is simply indicating a condition related to the access of the insertion space or another condition associated with the insertion space. For the purposes of his office action and compact prosecution, the limitation is interpreted as a signal indicating a condition related to accessibility of the insertion space. Claim 9 is also rejected by virtue of its dependence on claim 7.
Claim 9 recites the limitation "the stick guide". There is insufficient antecedent basis for this limitation in the claim or its dependency. It is unclear if claim 9 is intended to be dependent on claim 8 which also introduces a stick guide or if claim 9 is introducing a new stick guide or an additional stick guide. For the purposes of this office action and compact prosecution, the limitation is interpreted to be “a stick guide” and to be introducing a new stick guide.
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 1-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20200345066A1) in view of Wu (WO 2020199217A1) cited by Applicant via IDS filed 8-4-2024.
Regarding Claim 1, Kim discloses an aerosol-generating device (see FIG 6 and [0080] comprising:
an elongated cartridge (50) configured to contain a liquid (51) [0081];
an elongated column (41) disposed to be adjacent to the cartridge (2) (cigarette support portion 41 receives cigarette 2 and is arranged adjacent to cartridge 50);
a cap (70) configured to cover the cartridge (50) and the column (41) (detachable cover 70 including cigarette hole 71 covers cartridge 50 and support portion column 41, [0091], see also FIG 6); and
an insertion space configured to accommodate insertion of a stick (column region 41 includes a region for receiving cigarette stick 2, [0075]),
However, Kim fails to explicitly disclose the cap comprises an elongated stick support portion configured to be disposed between the cartridge and the column, and the insertion space is defined by an outer wall of the cartridge and the stick support portion.
However, Wu teaches a support collar 33 comprising resilient stick support legs 59 disposed around the article opening, extending in the Y direction of the elongated stick support portion, configured to be disposed between the cartridge and the column (support collar 33 includes collar legs 59 see page 12 lines 11-15), which each extend longitudinally and project into the opening 20 which also extends into the column 23/29, each of the collars support legs 59 of the support portion 33 helps to improve the passage of the stick 21 and avoiding damage to the stick 21 and also correctly position the stick 21 and grips and retains the sticks position in the device (page 13 lines 13-30),
It would have been obvious to modify Kims cover/cap 70 by providing Wu’s collar 33, extending longitudinally between Kims cartridge 50 and cigarette support portion 41. This places cartridge 50 on one side of the cigarette insertion passage and selected support 59 on the other, so that the cartridge outer wall and leg define the claimed insertion space. The modification provides a cap carried guide and support that positions and retains the cigarette during insertion, as Wu teaches page 13 lines 13-30), and with this modification provides the benefit to Kim of each of the support legs 59 of the support portion 33 (hereafter support 33/59) helps to improve the passage of the stick 21 and avoiding damage to the stick 21 and also correctly position the stick 21 and grips and retains the sticks position in the device (page 13 lines 13-30).
Regarding Claim 2, modified Kim teaches the claim limitations as set forth above. Additionally, Kim teaches the outer wall of the cartridge (50) supplies the outer wall on one side of the modified insertion space. Wu support 33/59 grips and contacts a side surface of the stick when the stick is inserted into the insertion space. (e.g., in modified Kim the cartridge outer wall of 50 and Wu’s support 33/59 are configured to contact respective side surfaces of the stick when the stick is inserted.)
Regarding Claim 3, modified Kim teaches the claim limitations as set forth above. Corresponding lateral ends is reasonably interpreted as respective laterally positioned end portions of the cartridge outer wall and stick support portion that meet to form a boundary of the insertion space. It would have been obvious to a person of ordinary skill in the art to extend and/or shape the respective end portions of Kim cartridge 50 and selected Wu stick support 33/59 of the outer wall of the cartridge and the stick support portion such that they meet and contact each other to define the insertion space. It would be obvious to make this modification because it would be obvious to change the shape to define and stabilize the cigarette passage in order to be consistent with Wu’s teachings of positioning and retention of the smoking article with the stick support 59 in the cigarette passage and in order to avoid damage to the article 21 by having it supported, retained, and protected (See page 13 lines 13-32).
Regarding Claim 4, modified Kim teaches the claim limitations as set forth above. Additionally, Wu teaches the stick support portion 33/59 has a front surface that contacts, grips and retains article 21, see page 13 lines 13-32 and page 14 lines 1-9) and a rear surface (the opposite side of the side that is facing the article 21, e.g., the side that is stabilized against the wall of column 41, and
the front surface of the stick support portion is configured to contact the stick, and the rear surface of the stick support portion is configured to contact the column. (Positioning the rear surface of the stick support 33/59 against portion 41 would be an obvious placement and shape choice to stabilize the cap carried support portion 33/59 to maintain the defined insertion passage.)
Regarding Claim 5, modified Kim teaches the claim limitations as set forth above. Additionally, “a shape corresponding to” (see 112b rejection of claim 5 above) is reasonably interpreted as requiring a shape suitable for interfacing with the respective component. Kim as modified by Wu teaches that the surfaces of 33/59, the article 21 and the column 41 are suitably arranged for the contacting relationship already required by claim 4 which is consistent with the teachings of modified Kim, e.g., Wu support 33/59 resiliently deforms to grip the article 21 (see Wu page 14 lines 1-9) while its rear surface of the support 33/59 is positioned against the wall of Kims column 41, which meets the requirements of claim 5, that the front surface of the stick support portion has a shape corresponding to the stick, and the rear surface of the stick support portion has a shape corresponding to the column.
Regarding Claim 8, modified Kim teaches the claim limitations as set forth above. Additionally, Kim teaches the detachable cover 70 with a an insertion hole 71 [0091] formed therein at a position corresponding to the insertion space to allow access to the insertion space (e.g., for coupling of stick 2 into hole 71, [0091]); and
Thus modified Wu teaches a stick guide disposed adjacent to the insertion hole and extending so as to be angled/directed toward the insertion space. (e.g., Wu collar leg 59 is disposed adjacent to Kim hole 71 to guide cigarette 2 into the insertion space, Wu page 13 lines 13-30). e.g., Kim cover 70 includes cigarette hole 71. Modified Wu leg 59 is carried by the cap, and its angled tip 59a is disposed adjacent hole 71 to guide the cigarette 2 into the insertion space.
Regarding Claim 9, modified Kim teaches the claim limitations as set forth above. Additionally, Wu teaches angled tip 59a as an end portion of longitudinal leg 59, with leg 59 extending in the y direction, y direction which is parallel to the longitudinal direction (see page 13 lines 21-23). In the modified Wu/Kim device, the longitudinal direction is aligned with the longitudinal direction of Kims cigarette support column 41, meeting the requirements of claim 9.
Regarding Claim 10, modified Kim teaches the claim limitations as set forth above. Additionally, Wu teaches the stick support portion 59 is a stick retainer stop portion which includes an inwardly protruding angled tip gripping section that inwardly protrudes into the insertion space and gently holds and pinches the article 21 in place which is a stick stopper under broadest reasonable interpretation (see page 13 lines 22-32).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20200345066A1) and Wu (WO 2020199217A1) cited by Applicant via IDS filed 8-4-2024, and as applied to claim 1 above, and further in view of Borges (US2020375251A1).
Regarding Claim 6, Modified Kim meets the claim limitations as set forth above. However, both Kim and Wu fails to explicitly disclose the column comprises a window facing the insertion space and formed of a light transmissive material, and the stick support portion is configured to contact the window.
However, Borges teaches an aerosol generating device and teaches the device includes an optical sensor 26 and a light (IR) transmissive optical window 30 disposed over sensor 26 [0169] and includes an infrared transmitter and receiver, and further teaches sensor data from sensor 26 is used to determine a suitable use state to supply power for heating the aerosol generating device [0177]-[0180].
It would have been obvious to form Borges’ window 30 as a transparent insert in the side of Kims cigarette support portion 41, at the location contacted by the rear surface of Wu’s support 33/59 thereby permitting optical sensing through the wall of support portion 41 to determine a suitable use state of the device of modified Wu, this modification locates Borges window 40 at that same region as the support 33/59 which results in support 33/59 resting on and contacting window 30. It would be obvious to a person of ordinary skill in the art to make this modification to allow sensor 26 to optically determine the position/condition of the support 33/59 and the condition of the stick and its insertion passage because Borges teaches the sensor controlling device operation is based on sensor output associated with cover position which would identify if the cover is closed or open (Borges [0177].)
Regarding Claim 7, modified Kim teaches the claim limitations as set forth above. However, Borges teaches optical sensor 26 facing optical window 30 which is transparent to IR [0169]. Borges further teaches sensor 26 outputs a signal indicating whether cover element 42 is open or closed relative to aperture 34 [0177]. It would have been obvious to a person of ordinary skill in the art to incorporate Borges sensor 26 and window 30 into the modified Wu device to provide a signal corresponding to the stick insertion space. Under broadest reasonable interpretation, Borges signal concerning whether the insertion aperture is open or closed corresponds to that insertion space, see claim interpretation of claim 7 in 112b section above.
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
Prosecution Insights