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 1-20 are pending and subject to this Office Action. Claims 1, 2, 3. 4, 5, 6, 7, 10, 13, 14, and 17 have been amended. Claims 19-20 are withdrawn.
Drawings
The drawings were received on 09/30/2025. These drawings are acceptable.
The drawing objection is withdrawn.
Response to Arguments
Applicants arguments, pages 12-15, filed 09/30/2025, with respect to the rejections of claims 1-18 under 35 USC § 103 have been fully considered and are persuasive. The Applicant has included numerous new limitations to claim 1 which are not taught by the prior art of record. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously applied art and newly found prior art.
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 1-5, 9-13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025) and further in view of Verleur et al (US20190082741A1), Adair, et al (US20230276845A1), and Fu, et al (US20190364968A1).
Regarding claims 1 and 17, Heidl teaches a vaporizer that is comprised of a cartridge and a vaporizer device body (driver). The vapor device body (casing) has a cartridge cavity to receive a cartridge. [0104] The cartridge is configured to vaporize an oil to for an inhalable substance. [0004] Heidl discloses that body of the device has a cavity that the cartridge is inserted along the longitudinal axis. (Figure 16A)
Heidl, teaches that the vaporizer device may include a printed circuit board (PCB) is comprised of one or more data and power assemblies [0046] and the board has data and power interfaces and that can be coupled to the data and power interfaces of the cartridge. [0105] The data and power interface may include two pins for exchanging data and two pins for providing power. [0106] [0111] The printed circuit board is considered to read on the main circuit board. Heidl teaches that the aerosol generating device can include a regulator that is used to control the heating element of the cartridge. ([0006], Figure 5A) The regulator is coupled to the power source and the controller/ logic circuit. This allows the regulator to alter the current, voltage, and/or amount of power in accordance with an instruction from the controller/logic circuit. [0067] While Heidl does not explicitly teach that the drive signal has a higher current than the control signals, a person having ordinary skill would realize that the device had the ability for the current, voltage, or power transferred through the power interface (drive signal) to be higher than the current, voltage, or power transferred through the communication interface (control signal), and it would be within the capabilities of one of ordinary skill to configure the drive signals to have a higher current than the control signals as it must be higher, equal or lower.
Heidl teaches the main PCB is located in the device body (housing) and is parallel to the longitudinal direction of the device body. (Figure 16A) This is considered the first plane of the device. The data interface and the power interface are located on the PCB and can be two separate sets of pins and that these pins are generally parallel to the first plane of the main PCB. The pins are designed to make contact with the cartridge when the cartridge is inserted into the device body. ([0066], [0104])
Heidl teaches a PCB assembly and power interface pins and the data interface pins are used to communicate with the cartridge through contact portions on the cartridge. [0106]
Heidl is silent with respect to the interface pins connection with the PCB.
Verleur, directed to the design of vaporizers, teaches that the electrical connection between the PCB and the cartridge can be accomplished through a plurality of pogo pins and that each pogo pin can be connected to the PCB. The pins can be contacted or pressed against electrical receiving contacts on the cartridge to establish an electrical connection at minimum. [0040]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl by using pogo pins as taught by Verleur because both Heidl and Verleur are directed to aerosol generating devices, Verleur teaches the pogo pins provide an electrical connection [0040], and this involves combining prior art elements according to known methods to yield predictable results.
Heidl and Verleur both teach that the device has a single PCB and does not teach the use of a second/connector PCB.
Adair, directed to the design of aerosol generation devices, an rigid PCBs that are connected using flexible printed circuits (FPCs). [0034] Adair teaches that the device can comprise a first rigid PCB and a second rigid PCB which are connected via a FPC. The second rigid PCB may be arranged to be in a transverse plane of the aerosol generation device and thus substantially perpendicular to the first rigid PCB. The second rigid PCB may be provided with interfacing and receiving means such as a pogo pin for receiving and electrically interfacing with a cartomizer that may be used with the aerosol generation device. ([0086], [0088])
Adair teaches that the PCB can be a combination of multiple PCB’s that are joined using flexible printed circuits (FPC) that connect PCB’s to one another and allow power to pass through the connection eliminating the need for connectors. [0038] Adair teaches that the FCP can be flexed to allow the various PCB’s to be connected to a main PCB in a plane transvers to the first plane or in a parallel plane separated from the main PCB. [0086]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl and Verleur by using multiple printed control boards joined by flexible printed circuits as taught by Adair because Heidl, Verleur, and Adair are directed to aerosol generating devices, Adair teaches these types of configurations where flexible printed circuitry joining PCB are used allows the same functionality to be provided in a more compact device with a smaller interior space. [0010], and this involves the use of known technique to improve similar devices in the same way.
Heidl, modified by Verleur and Adair, discloses that the control/data pins and the drive/power pins would extend in a plane that is parallel to the first plane. When the cartridge is inserted into the housing the drive pins extend into the opening to connect with the drive/power connector of the cartridge allowing the power to flow from the battery to the cartridge. The control/data pins also extend into the cartridge receiving portion to connect to the data portion of the cartridge allowing the data to be transferred from the device to the cartridge.
Heidl, as modified by Adair, teaches the use of rigid printed circuit boards and flexible printed circuits. However neither explicitly teach that the flexible printed circuits are electrical connectors.
Fu, directed to the design of aerosol generating devices having a power device and a cartridge, teaches an integrated board assembly that is comprised of a printed circuit board assembly formed of multiple layers that form a rigid structure and that include an inner, flexible layer. (Abstract) Fu teaches that the flexible layer is used to connect printed circuit boards and other electrical components [0097] allowing the transfer of energy. [0099]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using a flexible layer for electrically connecting portions of the PCB assembly as taught by Fu because Heidl, Verleur, Adair, and Fu are directed to vaporizers with bodies containing printed circuit boards, Fu teaches the flexible connector allows for the transfer of power from an internal power source to one or more external devices, such as charges, fan, lights, etc. [0099-0100] , and this involves the use of known technique to improve similar devices in the same way.
Heidl, Adair, and Verleur are silent with respect to the printed circuit board assembly being housed in a shell.
Fu, directed to the design of vaporizers, teaches the PCB assembly is held in an inner assembly. Fu further teaches that the inner assembly is configured to slide or otherwise securely (e.g., snugly) fit into or within the inner region of the outer shell. [0090]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using an inner holding portion for the PCB assembly as taught by Fu because Heidl, Verleur, Adair, and Fu are directed to vaporizers with bodies containing printed circuit boards, Fu teaches the support structure is used to secure the board assembly in the outer shell/housing [0056], and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 2, Heidl teaches that the data/control signal connectors can be located on one side of the PCB assembly and the power/drive signal connectors can be located on a different side of the PCB assembly.
Regarding claim 3, As discussed in claim 1, Hield teaches that the data and power connectors are pins. [0106]
However, Heidl does not explicitly teach that the pins are elongated and have make contact with the contact surface at distal end of the cartridge.
Verleur teaches that the pins for the connection are pogo pins having the form of a cylinder containing one or more spring-loaded pins that are retractable upon compression by a cartridge. [0040]
Regarding claim 4, Heidl teaches the vaporizer device comprises a cartridge coupling assembly that couples the cartridge to the device and allows the data and power interface may make contact with contact portions of the cartridge. Heidl teaches that the data and power interface portions can be pins. [0106] Heidl teaches that the coupling assembly has an opening that allows for the connection of the data and power interfaces to interact with the cartridge and teaches that the interface portion can be pins.
However, Heidl does not explicitly teach that the data and power interface portions would project from the coupling portion.
As discussed in claims 1 and 2, Verleur discloses that the pogo pins that extend from the PCB and interface with the cartridge. [0040]
Regarding claim 5, as discussed in claim 3, Verleur teaches that the connectors can be spring loaded pogo pins. [0040]
Regarding claim 8, Heidl, Verleur, and Adair are all silent with respect to the PCB assembly being held in a holder within the device.
Fu, directed to the design of vaporizers, teaches the PCB assembly is held in an inner assembly. Fu further teaches that the inner assembly is configured to slide or otherwise securely (e.g., snugly) fit into or within the inner region of the outer shell. [0090]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using an inner holding portion for the PCB assembly as taught by Fu because Heidl, Verleur, Adair, and Fu are directed to vaporizers with bodies containing printed circuit boards, Fu teaches the support structure is used to secure the board assembly in the outer shell/housing [0056], and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 9, Heidl does not disclose a means of attaching the cartridge to the device body.
Verleur teaches that the cartridge can be secured to the device body/housing using a magnet. [0005], [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 Heidl, Verleur, and Adair by using magnet to secure the cartridge to the housing as taught by Verleur because Heidl, Verleur, Adair, and Fu are directed to vaporizers with bodies containing printed circuit boards, Verleur teaches the By using magnets polarity the cartridge can only be inserted one direction or orientation, thereby facilitating alignment of cartomizer within chamber. [0043], and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 10, Heidl, modified by Adair, teaches that the PCB assembly may be made up of multiple printed circuit boards. Adair teaches that the assembly can be comprised of a rigid PCB joined by connection circuit elements. Adair discloses circuitry comprised of three component circuit elements (printed circuit boards) that are joined by flexible printed circuits. ([0092], Figure 5A and B) The prior art discloses flexible printed connectors allow the circuit boards to fold and overlap one another and a design where multiple PCB’s a superimposed on one another in parallel planes and are held in these parallel planes using flexible printed circuitry. (figure 2A-B and 5A-C)
Regarding claim 11, Heidl teaches that the vaporizer device can have an indicator and that the indicator can be a light-emitting-diode. ([0068], [0105], figure 16A) Heidl teaches that the LED is a display visible to the user.
However, Heidl is silent with respect to the LED portion having a window.
Verleur teaches that the device body/ housing can have one or more windows for viewing the cartridge and LED. [0044-0045]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl by using a window for the LED portion as taught by Verleur because both Heidl and Verleur are directed to aerosol generating devices, Verleur teaches the window permits the user to see the cartridge in the chamber [0044] and allows an LED to illuminate the cartridge. [0045], and this involves combining prior art elements according to known methods to yield predictable results.
Regarding claim 13, Heidl, as modified by Adair, teaches that two circuit boards are joined by a flexible PCB. [0092]
Regarding claim 14, Heidl teaches that the device may include a battery or capacitor is silent with respect as to how the battery is connected to the circuit board assembly.
Adair teaches flexible board assembly is used for connecting multiple PCBs and that power supply which is arrange in a space that would otherwise not be suitable for accommodating electronic and/or electrical components. [0088] Adair teaches that the power supply is connected to the circuitry of the device that is also used to connect the aerosol generating means, including all the PCB components and the FPC components. [0083]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl and Verleur by using the power as taught by Adair because Heidl, Verleur, and Adair are directed to aerosol generating devices, Adair teaches the power supply is arranged and that would otherwise not be suitable for accommodating electronic and/or electrical components [0088], and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 16, Heidl teaches the cartridge vaporizer device includes a cavity to receive a cartridge. [0104] Heidl discloses that the device has an opening that is surrounded by the device body (shell) and designed for the insertion of the cartridge.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025), Verleur et al (US20190082741A1), and Adair, et al (US20230276845A1) as applied to claim 5, and further in view Lim, et al (US20200359695A1).
Regarding claim 6, Heidl teaches that the data and pins are connected to the printed circuit board assembly and that they connect to the cartridge. Adair teaches that the pins are pogo pins and extend in the same plane, the first plane, as the printed circuit board assembly.
However, neither Heidl nor Adair teach that the pins would be attached to the PCB using a conductive track.
Lim, directed to aerosol generating devices with a vaporizer, teaches that the use of an electrically conductive track that allows current to flow through the track form a power source to the heater. ([0115], [0117])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using a conductive track for connecting parts of the internal body as taught by Lim because Heidl, Verleur, Adair, and Lim are directed to vaporizers with bodies containing printed circuit boards, Lim teaches an electrically conductive track can be used to transmit energy [0122], and this involves the use of known technique of using a temperature resistant material that is flexible to improve similar devices in the same way.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025), Verleur, et al (US20190082741A1), and Adair, et al (US20230276845A1) as applied to claim 5, and further in view Lim, et al (US20200359695A1).
Regarding claim 7, Heidl teaches that the data and pins are connected to the printed circuit board assembly and that they connect to the cartridge. Adair teaches that the pins are pogo pins and extend in the same plane, the first plane, as the printed circuit board assembly.
However, neither Heidl nor Adair teach that the pins would be attached to the PCB using a conductive track.
Lim, directed to aerosol generating devices with a vaporizer, teaches that the use of an electrically conductive track that allows current to flow through the track form a power source to the heater. ([0115], [0117])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using a conductive track for connecting parts of the internal body as taught by Lim because Heidl, Verleur, Adair, and Lim are directed to vaporizers with bodies containing printed circuit boards, Lim teaches an electrically conductive track can be used to transmit energy [0122], and this involves the use of known technique of using a temperature resistant material that is flexible to improve similar devices in the same way.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025), Verleur et al (US20190082741A1), and Adair, et al (US20230276845A1) as applied to claim 5, and further in view Lim, et al (US20200359695A1).
Regarding claim 12, Heidl teaches the device can have a temperature regulator that is use to control and regulate the temperature of the heating element. The art teaches that the temperature regulator may receive power from the power interface and control a voltage and/or current provided to the heating element thereby regulating a respective temperature of the heating element. [0067] Adair teaches that the sensors (electrical components) for the device can be located on the additional printed circuit boards. [0012]
KSR: provides a more efficient use of the interior space of the aerosol generation device and hence allows more functionalities to be provided within the interior space, or it allows the same functionality to be provided in a more compact device with a smaller interior space. [0012]
While a person having ordinary skill would recognize that the temperature regulator would be comprised of a temperature sensor in order to control the temperature of the device, Heidl is silent with respect to explicitly teaching that the device has a temperature sensor.
Lim teaches that the main PCB can be connected to a temperature sensor [0021] and that the temperature sensor is located on the side wall or the bottom wall of the accommodation passage and is coupled to the main circuit board. [0099] Lim also teaches that the main circuit board can be electrically connected to a temperature sensor. [00110]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using a conductive track for connecting parts of the internal body as taught by Lim because Heidl, Verleur, Adair, and Lim are directed to vaporizers with bodies containing printed circuit boards, Lim teaches an electrically conductive track can be used to transmit energy [0122], and this involves the use of known technique of using a temperature resistant material that is flexible to improve similar devices in the same way.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025), Verleur et al (US20190082741A1), and Adair, et al (US20230276845A1) as applied to claim 1, and further in view Alarcon, et al (US20180020728A1).
Regarding claim 15, Heidl teaches that the device can contain sensors that can detect pressure change [0005] but are silent with respect to a PCB containing an airflow sensor.
Alarcon, directed to electronic cigarettes, teaches that the device can contain an airflow sensor that is located on the printed circuit board.[0035] The device also contains a MAF gasket that creates an airflow passage between the controller circuitry and the housing directing airflow past the airflow sensor. [0044] The MAF gasket extends in a direction parallel to the second plane and has an opening at the end of the gasket. (Figure 2 A&B) The gasket that is used to direct airflow past the airflow connector is considered to read on the airflow connector of the instant claim.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using the airflow sensor, as taught by Alarcon because Heidl, Verleur, Adair, and Alarcon are directed to vaporizers with bodies containing printed circuit boards, Alarcon teaches the airflow sensor is used to detect the user puffing or sucking of the device and activate the heating coil [0035], and this involves the use of known technique to improve similar devices in the same way.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Heidl, et al (US20190289915A1, IDS dated 09/30/2025), Verleur et al (US20190082741A1), and Adair, et al (US20230276845A1) as applied to claim 17, and further in view Liu, et al (CN206949539U, hereinafter referring to the machine translation provided)
Regarding claim 18, Heidl teaches the mist generator as discussed in claim 17. Heidl further teaches that the device comprises a cartridge that may have a reservoir. [0005] However, the liquid contained in the cartridge of Heidl utilizes heat to vaporize the liquid. Heidl is silent with respect to the cartridge using a ultrasonic transducer to generate the vapor/ mist.
Liu, directed to ultrasonic electronic cigarettes teaches that the vaporizer for use in an electronic cigarette can be an ultrasonic atomizer. Liu teaches that the ultrasonic atomizer is designed to work with a drive circuit to generate an aerosol mist.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Heidl, Verleur, and Adair by using a ultrasonic atomizer as taught by Liu because Heidl, Verleur, Adair, and Liu are directed to vaporizers with bodies containing printed circuit boards, Liu teaches ultrasonic electronic cigarette generate the least heat, have lower power consumption, and a longer service life while producing the same amount of smoke. [0011], and this involves the simple substitution of one known element, a cartridge with a heating element, for another, for a cartridge with an ultrasonic atomizer, to obtain predictable results
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRGINIA R BIEGER whose telephone number is (703)756-1014. The examiner can normally be reached M-Th: 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.R.B./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755