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 § 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 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsu (US. Pat. 6,844,511).
Regarding claim 16, Hsu teaches an aerosol-generating device, comprising: a housing 1 having an outer surface, an inner surface, and a through-hole connecting the outer surface and the inner surface; a button 2 at least partially arranged in the through-hole, the button being configured to be pressed in a pressing direction; a switch 42; an actuation unit 1, wherein pressing the button in the pressing direction operates the switch via the actuation unit; and at least one guide pin 22 extending into a corresponding at least one guide hole (the hole where pin 22 is positioned )in the actuation unit, wherein the actuation unit is configured to carry out a tilting motion when the button is pressed in the pressing direction (Figs. 1-5).
Regarding claim 17, Hsu teaches the aerosol-generating device wherein the actuation unit 1 is provided between the switch 42 and the button 2 (Fig. 3).
Regarding claim 18, Hsu teaches the aerosol-generating device wherein the actuation unit is formed as a plate or as a platform (Fig. 3).
Regarding claim 19, Hsu teaches the aerosol-generating device wherein the at least one guide pin 22 is laterally offset from a projection 24 of a center of the button 2 along the pressing direction (Fig. 5).
Regarding claim 20, Hsu teaches the aerosol-generating device wherein the switch 42 is laterally offset from a projection 24 of a center of the button 2 along the pressing direction (Fig. 5).
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 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu in view of Webb (US. Pat. 3,653,038).
Hsu does not teach the device further comprising a damper configured to act against a motion of the actuation unit towards the switch. However, Webb teaches a similar button assembly with an actuation unit 65, switch (45, 53) and damper 61, wherein the damper configured to act against a motion of the actuation unit towards the switch (Fig. 2); as required by claim 21; wherein the damper 61 is formed of an elastic material (col. 6, lines 15-25), as required by claim 22; wherein the damper is formed of a foam material (col. 6, lines 15-25), as required by claim 23; wherein a membrane 61 is provided between the actuation unit 45 and the button 67 (Fig. 2), as required by claim 24. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Webb in the button assembly of Hsu to reduce the noise and click sound.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu in view of Clark (US. Pat. 5,743,384).
Regarding claim 25, Hsu does not teach the actuation unit has at least one light channel. However, Clark teaches a similar button with an actuation unit 32 that has at least one light channel 42 configured to let light from at least one light source 22 pass through the actuation unit to the button 34 (Figs. 1-3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Clark in the button assembly of Hsu to provide illuminated button.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu in view of Alima (US20140220398).
Regarding claim 26, Hsu does not teach the aerosol-generating system. However, Alima teaches an aerosol-generating system comprising an aerosol-generating article and an aerosol-generating device 24, wherein the aerosol-generating device is configured to generate aerosol from the aerosol-generating article (Figs. 1-6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the known remote-control button in an aerosol generating device because both are small, handheld electronic device products that need a reliable button.
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Alima in view of Hsu (US. Pat. 6,844,511).
Regarding claim 27, Alima teaches a method for actuating a switch of an aerosol-generating device, the method comprising the steps of: causing a motion of an actuation unit 21 provided within the aerosol-generating device by moving a button 9 from a resting position towards an inside of the aerosol-generating device into an activated position, thereby actuating a switch 22 provided within the aerosol- generating device via the actuation unit (Fig. 3 and paragraph 21). Alima does not teach the step of causing a tilting motion of an actuation unit 21 by moving a button 9, and wherein during the tilting motion, the actuation unit is guided by at least one guide pin extending into a corresponding at least one guide hole in the actuation unit. However, Hsu teaches a method for actuating a switch comprising a step of causing a tilting motion of an actuation unit 1 by moving a button 2, and wherein during the tilting motion, the actuation unit is guided by at least one guide pin 22 extending into a corresponding at least one guide hole (the hole where pin 22 is positioned) in the actuation unit (Figs. 1-5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Hsu in the button assembly of Alima to ensure consistent contact with the switch and prevent the unit from becoming misaligned or jamming.
Regarding claim 28, Alima teaches an actuation unit 21 provided below a button 9 being configured to carry out a motion to actuate a switch 22 provided within an aerosol-generating device (Fig. 3 and paragraph 21). Alima does not teach a motion of an actuation unit by moving a button, and during the tilting motion, the actuation unit is guided by at least one guide pin extending into a corresponding at least one guide hole in the actuation unit. However, Hsu teaches a method for actuating a switch comprising a step of causing a tilting motion of an actuation unit 1 by moving a button 2, and wherein during the tilting motion, the actuation unit is guided by at least one guide pin 22 extending into a corresponding at least one guide hole (the hole where pin 22 is positioned) in the actuation unit (Figs. 1-5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Hsu in the button assembly of Alima to ensure consistent contact with the switch and prevent the unit from becoming misaligned or jamming.
Conclusion
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
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