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 § 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(s) 1-4, 6-11, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR 10-2021-0101045A) in view of Chan (WO 2020245127).
Regarding claim 1, Jung discloses an aerosol-generating device comprising:
a body comprising an insertion space (12, fig. 4); a sensor (140, fig. 4)) installed at the body and configured to detect an electromagnetic characteristic of surroundings; an upper case detachably coupled to the body and comprising an insertion hole (31, fig. 4) corresponding to an opening of the insertion space ([0073], [0076 and fig. 4);
Jung discloses the sensor unit may include a capacitive sensor wherein the capacitance sensor may measure the capacitance of the electrode unit (150, fig. 3) between an electrode and the ground (see fig. 3). However, Jung does not expressly disclose the grounding board. Since Jung discloses the need for grounding, a person skilled in the art would modify the device of Jung to have a grounding board coupled to the upper case and extending along a circumference of the upper case and configured to electrically ground the sensor as taught by Chan. Chan discloses an aerosol-generating device comprising a ground board (26, fig. 1), wherein the ground plane portion may be electrically connected to an electrical contact of an electrical connector (page 25).
Regarding claim 2, the combination of Jung and Chan taken together as a whole suggests a second terminal connected to the sensor and exposed from the body (fig. 3 of Jung); and a third terminal connected to the grounding board and installed at the upper case to be exposed to an inside of the upper case to contact the second terminal when the upper case is coupled to the body. Furthermore, rearrangement of parts would not have modified the operation of the device and therefore the position of the grounding board would be held unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 3, the combination of Jung and Chan taken together as a whole suggests the second terminal is exposed upward from an upper portion of the body (fig. 3 of Jung), and wherein the third terminal is exposed downward from an upper wall of the upper case. Furthermore, rearrangement of parts would not have modified the operation of the device and therefore the position of the grounding board would be held unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 4, it would have been obvious to one of ordinary skill in the art at the time invention was made that the third terminal is separated from the second terminal when the upper case is separated from the body.
Regarding claim 6, Jung discloses wherein the upper case comprises: an upper wall covering an upper end of the body; and lateral walls covering lateral surfaces of a circumference of the body; it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the grounding board is installed at the lateral walls to extend along a circumference of the lateral walls. Furthermore, rearrangement of parts would not have modified the operation of the device and therefore the position of the grounding board would be held unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 6, the combination of Jung and Chan taken together as whole suggests the upper case comprises an inner case (by reference sign 50, fig. 7); and an outer case (20, fig. 1) coupled to surround an outside of the inner case, wherein the grounding board is disposed between the inner case and the outer case. Furthermore, rearrangement of parts would not have modified the operation of the device and therefore the position of the grounding board would be held unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 8, Chan discloses the inner case comprises: a first rib supporting an upper end of the grounding board; and a second rib supporting a lower end of the grounding board (by reference sign 50, fig. 7).
Regarding claim 9, Chan discloses a pin may be configured to be received in a corresponding hole in an electronic circuit board and a pin is formed from the same electrically conductive material as a ground portion (page 15); therefore it would have been obvious to one of ordinary skill in the art to use the similar connection as taught by Chan to make a second terminal connected to the sensor and exposed from the body; a terminal hole formed at an upper wall of the inner case; a connecting part of an upper end the grounding board bent inwardly to be disposed in the terminal hole; and a third terminal mounted on the connecting part and exposed to an interior of the inner case to contact the second terminal.
Regarding claim 10, Chan discloses electrical connector can be configured to couple to the case such as press fit, snap fit or screw fit (page 3); therefore it would be obvious to one of ordinary skill in the art at the time the invention was made to use a locking protrusion protruding from the inner case at the terminal hole and configured to contact the connecting part to restrict vertical movement of the connecting part when the third terminal contacts the second terminal.
Regarding claim 11, since Chan discloses the ground plane is electrically connected to a circuit board (page 12), it would have been obvious to one of ordinary skill in the art at the time the invention was made to use printed circuit board (FPCB as grounding board).
Regarding claim 13, Jung discloses wherein the sensor is disposed adjacent to the insertion space (by reference sign 140, fig. 4).
Regarding claim 14, Jung discloses the device further comprising a cartridge (20, fig. 4) configured to store a liquid and coupled to the body to be adjacent to the insertion space wherein the sensor is disposed between the insertion space and the cartridge (fig. 4). Furthermore, rearrangement of parts would not have modified the operation of the device and therefore the position of the grounding board would be held unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR 10-2021-0101045A) in view of Chan (WO 2020245127) as applied to claim 1 above and further in view of Barbaric et al. (U.S 20200113246).
Regarding claim 5, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a pogo pin to connect the second terminal to the third terminal since pogo pins are known in the art as evidenced by Barbaric [0064].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR 10-2021-0101045A) in view of Chan (WO 2020245127) as applied to claim 1 above and further in view of An et al. (U.S 20200352230).
Regarding claim 12, Jung does not expressly discloses the device comprises a cap. An discloses an aerosol-generating device comprises a cap configured to cover or expose the insertion hole (1003, fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add the cap as taught by An to cover or expose the insertion hole of the Jung’s device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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