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 23-42 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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the aerosol generating unit and sealing material in claim 23 and the retaining means in claim 32 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 37-38 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.
Claims 37 and 38 recite the limitation “the second reservoir”. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a second reservoir. The term, “a second reservoir” is recited in claim 36, however, claims 37 and 38 depend from claim 23. For the purposes of examination, claims 37 and 38 will be interpreted as wherein the aerosol generating device comprises a second reservoir, and the second reservoir comprises a continuous recess extending around the second housing interface surface and claim 38 will be interpreted as wherein the aerosol generating device comprises a second reservoir, and the second reservoir comprises a plurality of recesses located around the second housing interface surface.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 23-27, 29-33, 36-38, and 41-42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by An (US 20240023612 A1).
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Regarding claim 23, An discloses an aerosol generating device (100, Fig. 2, Fig. 3, [0022]), comprising:
A heating coil (15, “aerosol generating unit”, Fig. 3, Fig. 13, [0002, 0023]), and;
A first housing portion (upper housing 20) and a second housing portion (cover 30, Fig. 13, [0028, 0032]),
The first housing portion comprises an inner first housing surface, outer first housing surface, and first housing interface surface (extending from sealing groove 225 to upper portion of the inner surface of outer wall 21) located between the inner first housing surface and outer first housing surface, as shown in the annotation of Fig. 13 above.
The second housing portion comprises an inner second housing surface, outer second housing surface, and second housing interface surface (extending from sealing protrusion 35 to first cover part 31) located between the inner second housing surface and outer second housing surface, as shown in the annotation of Fig. 13 above.
When the first housing portion (20) is engaged with the second housing portion (30), the inner first housing surface and inner second housing surface define an inner housing space (coil reception space 25) configured to receive the heating element (15, “aerosol generating unit”), and the first housing interface surface and second housing interface surface define the interface between the first housing portion (20) and second housing portion (30, annotated Fig. 13 above, Fig. 14, [0032]).
The first housing interface surface comprises a first reservoir (sealing groove 225) configured to receive a sealing material (sealing protrusion 35, Fig. 13, Fig. 14, [0038-0039, 0084-0085]).
Regarding claim 24, An discloses the first reservoir (225) is a continuous recess and circumferentially extends around the first housing interface surface (Fig. 13, Fig. 14, [0038-0039, 0084-0085]).
Regarding claim 25, An discloses a first reservoir (sealing groove 225, Fig. 13), as discussed above.
Alternatively, An discloses an embodiment where the first reservoir comprises a plurality of recesses (helical guide 214) circumferentially arranged around the first housing interface surface (Fig. 4, [0033]).
The Examiner notes that the claim merely requires that the first reservoir is configured to receive a sealing material and the claim does not require a sealing material. The first reservoir comprising a plurality of recesses (214) is considered to be capable of receiving a sealing material and therefore reads on the claim.
Regarding claim 26, An discloses the second housing interface surface comprising a sealing material (sealing protrusion 35), and when the first housing portion is engaged with the second housing portion, the sealing material (35) fills the first reservoir (225, Fig. 14, [0038-0039, 0084-0085]).
Regarding claim 27, An discloses the sealing material (35) extends circumferentially around the inner wall and creates seal around an interface between the first housing portion (20) and second housing portion (30) which is considered to be a sealing continuum (Fig. 13, Fig. 14, [0052-0054, 0087]).
Regarding claim 29, An discloses the first housing interface surface comprises a first seating portion and the second housing interface surface comprises a second seating portion as shown in annotated Fig. 13 above, the first seating portion is in contact with the second seating portion when the first housing portion (20) is in contact with the second housing portion (30, Fig. 14).
Regarding claim 30, An discloses the first seating portion is arranged between the first reservoir (225) and the outer first housing surface (annotated Fig. 13 above).
Regarding claim 31, An discloses the first seating portion and second seating portion are arranged continuously and circumferentially around the first and second housing interface surface, respectively (annotated Fig. 13 above).
Regarding claims 32 and 33, An discloses the first housing (20) is retained to the second housing portion (30) with a retaining recess (engaging groove 218) provided on the first housing portion (20) and retaining protrusion (hook 328) provided on the second housing portion (30), where the retaining recess (218) engages with the retaining protrusion (328) when the first housing portion (20) is engaged with the second housing portion (30, Fig. 13, Fig. 14, [0065-0068]).
Regarding claim 36, An discloses the second housing interface surface comprises a second reservoir (recess formed by hook 328, [0065-0068]), as shown in Fig. 13 below.
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An discloses first and second reservoirs are positioned parallel to a transverse axis of the aerosol generating device (100) and therefore are considered to be aligned.
The Examiner notes that the claim merely requires the second reservoir is configured to receive a sealing material and the claim does not require a sealing material. The second reservoir (recess formed by hook 328) is considered to be capable of receiving a sealing material and therefore reads on the claim.
Regarding claim 37, An discloses the second reservoir (recess formed by hook 328) is a continuous recess between the hook (328) and upper portion of the second housing portion (30, Fig. 13, [0065-0068]).
The Examiner notes that claim 37 does not require the recess be formed circumferentially around the second housing interface surface.
Regarding claim 38, An discloses the second housing interface surface may comprise a plurality of hooks (328) which form a plurality of recesses between each hook (328) and upper portion of the second housing portion (30) around the second housing interface surface (Fig. 13, [0067]).
Regarding claim 41, An discloses openings of the first and second reservoirs are positioned parallel to a longitudinal axis of the aerosol generating device (100) and therefore are considered to be aligned with a longitudinal axis.
The Examiner notes that the claim does not opening of the first and second reservoirs to be stacked vertically.
Regarding claim 42, An discloses openings of the first and second reservoirs are positioned parallel to a transverse axis of the aerosol generating device (100) and therefore are considered to be aligned with a transverse axis.
The Examiner notes that the claim does not opening of the first and second reservoirs to be positioned side by side on a horizontal line.
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over An (US 20240023612 A1) in view of Selby (US 20180117268 A1).
Regarding claim 28, An discloses the sealing material (35) may be made of rubber or silicone ([0038]).
An does not explicitly disclose the sealing material (35) comprises an adhesive material. However, Selby, directed to a vaporizer cartridge (300, Fig. 4a, [0085]), discloses:
A mouthpiece (302) connected to a chamber (350) via a sealable gasket (340) and an adhesive which seals the mouthpiece (302) to the chamber (350) to prevent tampering prior to delivery to a consumer (Fig. 4A-B, [0098, 0103]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify An by providing an adhesive with the sealing material as taught by Selby because both An and Selby are directed to aerosol generating devices, Selby teaches the seal prevents tampering prior to delivery to a consumer, and this involves applying a known adhesive material to a seal in a similar device to yield predictable results.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over An (US 20240023612 A1)in view of Cadieux (US 20140261489 A1).
Regarding claim 34, An discloses a first reservoir (sealing groove 225, Fig. 13).
An is silent to the depth of the first reservoir (sealing groove 225).
However, Cadieux, directed to an electronic smoking article (60, Fig. 1, [0017]), discloses:
A connector piece (37) comprising an annular recess (100) which is inset from the external surface (i.e. a depth of the recess) by 0.2-0.6mm (Fig. 4, [0024]). The range disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify An by providing the annular sealing groove with a depth of 0.2-0.6mm as taught by Cadieux because both An and Cadieux are directed to aerosol generating devices, An is silent to the depth of the first reservoir/sealing groove, Cadieux teaches a known range of depths of an annular groove, and one having ordinary skill in the art would be motivated to look to similar annular grooves for workable ranges of depth and this involves applying a known depth to range to a similar annular groove to yield predictable results.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over An (US 20240023612 A1) in view of Mayor (US 20150157053 A1).
Regarding claim 35, An discloses a first reservoir (sealing groove 225, Fig. 13).
An is silent to the width of the first reservoir (sealing groove 225).
However, Mayor, directed to an electronic cigarette (Fig. 1, [0021]), discloses:
O-rings (58) positioned in a groove (62) for providing a seal between the end caps (38) and a sleeve (34), the groove (62) has a width of 2mm (Fig. 1, Fig. 3, [0023, 0025]). The width disclosed by the prior art lies within the claimed range, and therefore the claimed range is considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify An by providing the annular sealing groove with a width of 2mm as taught by Mayor because both An and Mayor are directed to aerosol generating devices, An is silent to the width of the first reservoir/sealing groove, Mayor teaches a known width of an annular groove, and one having ordinary skill in the art would be motivated to look to similar annular grooves for workable ranges of width and this involves applying a known width to a similar annular groove to yield predictable results.
Claims 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over An (US 20240023612 A1) in view of Sayed (US 20220142255 A1).
Regarding claim 39, An discloses the second housing interface surface comprises a second reservoir (recess formed by hook 328) which provides a locking feature between the first housing portion (20) and second housing portion (30, Fig. 13, [0065-0068]).
An is silent to the depth of the second reservoir.
However, Sayed, directed to an aerosol generating device (100, Fig. 1, [0136]), discloses:
A receptacle (210) comprising indentations (212, Fig. 10B) configured to engage with protrusions (212, Fig. 9C) of a susceptor (132), where the indentations have a height (“depth”) of less than 1 mm (0180-0181, 0184, 0186-0187]). The range disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
The indentation height provides sufficient locking ability while reducing material required to form locking features ([0114]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify An by providing the second reservoir with a height/depth of less than 1 mm as taught by Sayed because both An and Sayed are directed to aerosol generating devices, Sayed discloses a height/depth of less than 1 mm reduces the material required to form locking features and this involves applying a known depth to a similar locking recess to yield predictable results.
Regarding claim 40, An discloses the second housing interface surface comprises a second reservoir (recess formed by hook 328) which provides a locking feature between the first housing portion (20) and second housing portion (30, Fig. 13, [0065-0068]).
An is silent to the depth of the second reservoir.
However, Sayed, directed to an aerosol generating device (100, Fig. 1, [0136]), discloses:
A receptacle (210) comprising indentations (212, Fig. 10B) configured to engage with protrusions (212, Fig. 9C) of a susceptor (132), where the indentations have a height (“depth”) of less than 1 mm (0180-0181, 0184, 0186-0187]). The range disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
The indentation height provides sufficient locking ability while reducing material required to form locking features ([0114]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify An by providing the second reservoir with a height/depth of less than 1 mm as taught by Sayed because both An and Sayed are directed to aerosol generating devices, Sayed discloses a height/depth of less than 1 mm reduces the material required to form locking features and this involves applying a known depth to a similar locking recess to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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