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
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.
Claim(s) 1,2,4,6,9,10,11,12,16,18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bouchuiguir et al (WO2020225099).
Regarding claim 1, Bouchuiguir et al discloses an aerosol generating device (100, figures 1A, 1B) comprising a body (102) having a non-opaque window (112, cf. figure 4), an array of light sources (146) located inside the body (page 16, line 24 - page 17, line 9), a light diffuser (118, page 17, line 17 - line 24) disposed between the array of light sources (146) and the non-opaque window (112) and having a first face (151, top part)facing the array of light sources (146) and comprising a pattern of a plurality of dome-shaped recesses (recesses defined by faces 151 in figure 4) and a second face (154) opposed to the first face and directly or indirectly (via optical element 116 in figure 13) visible through the non-opaque window (112).
Regarding claim 2, the light diffuser (118, page 17, line 17 - line 24 ) is configured so that at least one dome-shaped recess (151, ), preferably at least two dome shaped recesses (Fig. 4 disclose at least two recesses 151), of the plurality of dome-shaped recesses is(are) on the way of a straight path of light (emitted forward light from 146) of one light source (146) of the array of light sources (146, Fig. 4).
Regarding claim 4, at least two dome-shaped recesses (151) of the plurality of dome-shaped recesses (Fig. 4) are side by side in contact with one another. (see fig. 4)
Regarding claims 6 and the second face (154) of the light diffuser (112) is substantially flat, notably with no relief thereon (fig. 4).
Regarding claim 9, the light diffuser (118) is inserted into an inner tray (156) of the aerosol generating device (1) between the non-opaque window (112) and the array (Fig. 6) of light sources (146), the light sources of the array being preferably fixed to a printed circuit board (122) of the device. (fig. 6)
Regarding claim 10, the light diffuser (118) is part of an inner tray (156, Fig. 6) of the device.
Regarding claim 11, the array of light sources (146) is a linear array, wherein the light sources (146) of the array are spaced apart from each other (figs. 4, 6 and 9).
Regarding claim 12 the light sources (146) of the array are light emitted diodes (LED) (Description “he light sources of the array may be Light Emitting Diodes (LEDs).
Regarding claim 16, referring to claim 9, wherein the light sources of the array are fixed to a printed circuit board (122) of the device.
Regarding claim 18, the second face of the light diffuser has no relief thereon. (fig. 4)
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.
Claim(s) 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir et al (WO2020225099) in view of Liu et al (12,521,936)
Regarding claim 8, Bouchuiguir et al discloses the limitations of claim 1. Bouchuiguir et al does not clearly disclose the light diffuser is made by 3D printing. Liu et al discloses an acrylic composition for 3D printing. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the 3-D printing method of Liu et al to make the diffuser of Bouchuiguir et al, since Liu et al discloses “In one embodiment, diffusers, refractors, or other optical modifiers can be added to the composition of the invention to provide a 3-D printable diffuser/refractor material.” (col. 14 lines 21-24).
Regarding claim 15, Bouchuiguir et al discloses the limiations of claim 1. Bouchuiguir et al does not disclose a method for making a light diffuser, comprising 3D- printing the light diffuser (5), from a non- transparent, polymer material chosen from the group consisting of a tough PLA, ABS, acrylic glass, the 3D-printing comprising forming a plurality of dome- shaped recesses (8) in the first face (6) of the light diffuser (5).Liu et al discloses a method for making a diffuser and other optical modifiers, and Liu also discloses that using PLS, ABS and (Col. 1 lines 43-63) and acrylic glass (Example 3). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the 3-D printing methods and materials of Liu et al to make the dome shaped recesses in the face of the light diffuser of Bouchuiguir et al since Liu et al discloses a method for making a diffuser and other optical modifiers, and Liu also discloses that using PLS, ABS and (Col. 1 lines 43-63) and acrylic glass (Example 3).
Allowable Subject Matter
Claims 3,5,7, 13,14,17,19 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Bouchuiguir et al and Liu et al do not anticipate individually or teach in combination the limitations of claims 3,5,7, 13,14,17,19 as presently in claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al (WO 2023/018139) discloses an aerosol generating device that has a light source and diffuser (Fig. 6). Debergh (WO 2022/063918A1) discloses an aerosol generating device with a light source and a light diffuser (Fig. 11). Sayed (WO 2020/182744) discloses an aerosol provision device that has a light source and a diffuser (Figs. 5a and 5b)
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/ANABEL TON/Primary Examiner, Art Unit 2875
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