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 .
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)(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 1-7, 9-11, 13-14, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferrie et al. (WO 2020/193173).
Regarding claim 1, Ferrie teaches an aerosol generating device (201, par. 132), comprising:
a housing (209);
an aerosol generation chamber (222) configured to receive an aerosol generating article (202) through an opening (221) of the chamber (par. 144);
a cover (250) comprising a channel (254) and at least one side wall forming the channel (figs. 3C-E), the cover being configured to be in a closed position covering the opening (figs. 3A,C), or in an open position exposing the opening (figs. B,D); and
a cavity for receiving the cover (figs. 3A-D – the portion of 209 in which 250 is disposed), the cavity being arranged between the housing and the chamber (par. 160, 161 – “closure 250 is mounted concealed within the body 209”) and a surface of the cavity defining a cylinder or sphere determining a rotation of the cover (par. 161), the surface of the cavity comprising one or more sealing surfaces configured to form a sealing connection against the cover (par. 161; figs. 3A,C – the surfaces of the body 209 in contact with the ball valve, which must inherently form a seal in the closed position), the one or more sealing surfaces wherein
in the closed position, the at least one side wall is positioned on the opening of the chamber such that the article cannot be received through the channel into the chamber (fig. 3A,C; par. 161 – “in first position the bore 254 is aligned in a direction which is not parallel with the cavity 222, thereby closing the opening 221”);
in the open position, the channel is positioned on the opening of the chamber such that the article can be received through the channel into the chamber (fig. 3A,C; par. 161 – “in the second position, the bore is aligned along with longitudinal axis of the body 209 such that the bore 254 and cavity 222 provide a passage for the insertion of a consumable 202 through the opening 221”); and
the cover is configured to be brought from the open position into the closed position and vice versa by rotating the cover (par. 162; fig. 3E).
Regarding claim 2, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein an outer surface of the cover defines a cylinder or sphere corresponding to the cylinder or sphere defined by the cavity (par. 161).
Regarding claim 3, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the cover is configured to rotate around an axis of rotation of the cavity (par. 161; figs. 3A-E).
Regarding claim 4, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the cover contacts the surface of the cavity only at the one or more sealing surfaces (figs. 3A-D – the contact between the cover and the cavity is only at surfaces that form the seal between these elements).
Regarding claim 5, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein in the closed position, the at least one side wall is configured to form a substantially flush continuation of an outside surface of the housing (fig. 3E).
Regarding claim 6, Ferrie teaches the aerosol generating device described regarding claim 5, and further wherein the at least one side wall comprises a substantially flat side wall portion configured to form the substantially flush continuation of the outside surface of the housing (fig. 3E – the side walls are substantially flat).
Regarding claim 7, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein in the closed position, the at least one side wall is configured to engage with the side walls connecting the chamber with the cavity (figs. 3A-E – the at least one side wall is part of the assembly of the aerosol generating device, which includes the side walls connecting the chamber with the cavity; therefore, it is engaged with these side walls).
Regarding claim 9, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the one or more sealing surfaces are arranged in an area of the cavity adjacent to the chamber (par. 160, 161) such that the cover and the side walls of the chamber are sealed against each other (figs. 3A,C – consistent with the interpretation of the sealing surfaces described above, these surfaces of the “ball valve” and the cavity and close the opening between the cover and the chamber).
Regarding claim 10, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the housing comprises an opening connected to the cavity and configured such that in the open position, an aerosol generating article is received by the chamber through the opening of the housing, and in the closed position, the at least one side wall is positioned on the opening of the housing such that the article cannot be received through the opening of the housing (par. 161; figs. 3A-E).
Regarding claim 11, Ferrie teaches the aerosol generating device described regarding claim 10, and further wherein the one or more sealing surfaces are arranged in an area of the cavity adjacent to the opening of the housing such that the cover and the housing adjacent to the opening are sealed against each other (par. 161; figs. 3A-E).
Regarding claim 13, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the at least one side wall comprises a recessed portion (fig. 3A-E – the portion within the cavity) and/or a protruding portion (260) configured to be accessed by a user (fig. 3E), wherein the cover is further configured to be brought from the open position into the closed position and vice versa by applying a pushing or pulling force at the recessed portion and/or the protruding portion (par. 162).
Regarding claim 14, Ferrie teaches the aerosol generating device described regarding claim 1, and further wherein the cover is configured to transition between the open position and the closed position by means of a force applied to the cover by the a finger of a user to a rotation handle (260), by a pushing or pulling motion directly applied by a finger of the user, (par. 162).
Regarding claim 16, Ferrie teaches the aerosol generating device described regarding claim 3, and further wherein the axis of rotation of the cavity extends in a direction substantially perpendicular to a longitudinal direction along which the chamber extends (figs. 3A-E).
Regarding claim 17, Ferrie teaches the aerosol generating device described regarding claim 13, and further wherein the recessed portion and/or the protruding portion are configured to be accessed by a user in the closed position (par. 162; fig. 3E).
Claims 1, 7-8, 12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao (CN 110916237).
Regarding claim 1, Xiao teaches an aerosol generating device (p. 6, ln. 7-8), comprising:
a housing (10);
an aerosol generation chamber (20/21) configured to receive an aerosol generating article through an opening (p. 6, ln. 22) of the chamber (fig. 5);
a cover (131) comprising a channel (132) and at least one side wall forming the channel (figs. 2-4), the cover being configured to be in a closed position covering the opening (fig. 3), or in an open position exposing the opening (figs. 4, 5); and
a cavity for receiving the cover (figs. 4-5 – the portion of 111 in which 131 is disposed), the cavity being arranged between the housing and the chamber (figs. 4-5) and a surface of the cavity defining a cylinder or sphere determining a rotation of the cover (figs. 2-3), the surface of the cavity comprising one or more sealing surfaces (1122, 1144) configured to form a sealing connection against the cover (p. 7, ln. 42-46; fig. 5), the one or more sealing surfaces wherein
in the closed position, the at least one side wall is positioned on the opening of the chamber such that the article cannot be received through the channel into the chamber (p. 7, ln. 33-35);
in the open position, the channel is positioned on the opening of the chamber such that the article can be received through the channel into the chamber (fig. 5; p. 7, ln. 33-35); and
the cover is configured to be brought from the open position into the closed position and vice versa by rotating the cover (p. 7, ln. 33-35).
Regarding claim 7, Xiao teaches the aerosol generating device described regarding claim 1, and further wherein in the closed position, the at least one side wall is configured to engage with the side walls connecting the chamber with the cavity (figs. 3-5 – the at least one side wall is part of the assembly of the aerosol generating device, which includes the side walls connecting the chamber with the cavity; therefore, it is engaged with these side walls).
Regarding claim 8, Xiao teaches the aerosol generating device described regarding claim 7, and further wherein the at least one side wall comprises a substantially spherical dome shaped side wall portion configured to engage with the side walls connecting the chamber with the cavity (figs. 2-5).
Regarding claim 12, Xiao teaches the aerosol generating device described regarding claim 1, and further wherein the channel has a tapered shape, and a circumference of the channel decreases towards the chamber when the cover is in the open position (see annotated figure below).
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Regarding claim 15, Xiao teaches the aerosol generating device described regarding claim 1, and further wherein the one or more sealing surfaces comprise a rubber material (p. 7, ln. 42-43).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Postma (US 2013/0247910), Goetz et al. (US 2012/0255546), and Alima (US 9,375,034) all disclose aerosol generating devices having elements of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752
