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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 03/02/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,16 and 19 regarding heater placement have been considered but are moot because the new ground of rejection as modified by newly cited reference Thorens ‘379 teaches an alternate placement and contact of heater element to capillary element, the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 2, 4-6, 16, 19, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 10,555,556 similarly see WO 2015/117705 A2) in view of Thorens (US 2009/0272379).
Regarding claim 1, Malgat discloses a vaporizer assembly for an aerosol-generating system, comprising:
a capillary element (36/38) made of porous glass (ceramic to include glass, ceramic and therewithin the field glass are anticipated to construction of porous element “The first capillary material can be selected from the group of kevlar felt, ceramic paper, ceramic felt, carbon felt, cellulose acetate, hemp felt, PET/PBT sheet, cotton pad, porous ceramic disc or porous metal disc. Preferred materials include Kevlar felt, ceramic paper, ceramic felt, porous ceramic disc or porous metal disc. The first capillary material may comprise glass fibre paper or felt.” (column 4, lines 45-49) capillary element may be single component “a cartridge is provided which includes a heater and a capillary material in contact with the heater for supplying aerosol-generating substrate to the heater, wherein the porosity or pore size of a region of the capillary material adjacent the heater is less than the porosity or pore size of a region of the capillary material remote from the heater. Thus a single material may be used, for example which has a gradient of pore size in one or more of its dimensions.” (column 4, lines 50-65)), the capillary element having a first end (generally 38) and a second end (generally 36), the first end of the capillary element configured to be fluidically connected to a liquid storage portion (32 or 34 “The second part 34 of the liquid storage portion is an empty tank that can be filled or partly filled with liquid aerosol-generating substrate” (column 11-12, lines 64-3)) containing a liquid aerosol-forming substrate (as necessitated by “liquid storage” as disclosed above), a pore size of the capillary element configured to allow the liquid aerosol-forming substrate from the liquid storage portion to be conveyed from the first end of the capillary element to the second end of the capillary element by capillary action (emphasis added, “The gradient in pore size or porosity then enhances the capillary action in the material, to draw aerosol-generating substrate liquid to the heater.” (column 14, lines 19-27), the capillary element having a pore size gradient such that an average pore size of the capillary element transitions from larger pores at the first end of the capillary element to smaller pores at the second end of the capillary element (gradient of porous feature anticipated, smaller pores at heat delivery end and larger pores at fluid wicking end, emphasis added “It will be understood that different methods and configurations are possible to obtain the capillary material having a different pore size or porosity in different regions. In each example, a region of smaller pore size or porosity is located at one end of the capillary material. The region of smaller pore size or porosity is then located at the heater. The gradient in pore size or porosity then enhances the capillary action in the material, to draw aerosol-generating substrate liquid to the heater.” (column 14, lines 19-27) the term gradient being a continuous change, emphasis added “wherein the pore size or porosity of the capillary material 50 is continuously decreased within the capillary material in the direction towards the heater element 54.” (column 13-14, lines 55-18)), the pore size of the capillary element being homogeneous across a cross section of the capillary element (directional continuous change of pore size in gradient disclosed above (column 13-14, lines 55-18)); and
a heater element (46/42) disposed at the second end of the capillary element (as disclosed above, additionally see figure 2, providing heat to second end of capillary element), the heater element being directly in contact with an outer surface the capillary element (electrically conductive portion of heater (46) may be in contact to capillary element “The capillary material may be in contact with the heater, for example with the electrically conductive filaments.” (column 4, lines 12-19) heater generally in contact to porous element “placing a first capillary material in the first part of the housing of the liquid storage portion, such that first capillary material is provided in direct contact with the heater assembly” (column 9, lines 23-37)).
wherein a porosity of the smaller pores at the second end of the capillary element is configured to retain substantially all the liquid aerosol-forming substrate within the capillary element (nature of vaporizer not being a liquid dispenser, “The capillary material extends across the complete cross-section of the first part of the liquid storage portion, such that it is not possible for the liquid aerosol-generating substrate to flow directly to the heater assembly or the opening of the cartridge” (column 7, lines 56-60)) and the liquid storage portion while allowing passage of an aerosol of the liquid aerosol-forming substrate through the second end of the capillary element based on a capillary action of the smaller pores as fabricated (via production of vapor/aerosol (abstract)).
Malgat is silent regarding the heater element extending around a circumferential surface adjacent to the second end of the capillary elements to surround the capillary element.
However Thorens teaches (Fig-2) heater element (209) extending around a circumferential surface adjacent to the second end (207b) of the capillary elements (207) to surround the capillary element (“and the second end 207b of the capillary wick 207 is surrounded by the heating coil 209.” [0042]),
The advantage of the heater element extending around a circumferential surface adjacent to the second, is to provide airflow over second end of capillary element that has been directed vaporizing liquid, to enhance vapor delivery “The liquid in the second end 207b of the wick 207 is vaporized by the heating coil 209 to create a supersaturated vapor. At the same time, the liquid being vaporized is replaced by further liquid moving towards the second end 207b of wick by capillary action. (This is sometimes referred to as "pumping action".) The supersaturated vapor created is mixed with and carried in the air flow from the air inlets 115 towards the aerosol forming chamber 213.” [0044] “The heating element or heating elements may be arranged appropriately so as to most effectively vaporize liquid at the second end of the capillary wick.” [0009], or as known for substituting equivalently to end heaters “Alternatively, the at least one heating element may be a disk (end) heater or a combination of a disk heater with heating needles or rods.” [0011] (see MPEP 2144.06 II. Substituting Equivalents Known for the Same Purpose).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Malgat and Thorens before him or her, to modify the on end type heater of Malgat to include the surrounding circumference at end of heater of Thorens because surrounding an and end of heater at circumference may enhance vapor flow and the two types of heater placements are (on end and surrounding end) known equivalents for the same purpose.
Regarding claim 2, Malgat as modified teaches the vaporizer assembly according to claim 1, Malgat as already modified teaches wherein the capillary element has a cylindrical shape (“the capillary element has a regular cylindrical shape with circular cross-section and a predefined diameter.” (column 5, lines 58-67)) with a first surface (surface at liquid reservoir) at the first end and a second surface (surface at heater) at the second end, and the heater element is disposed on the second surface of the capillary element (heating element (46/42) placed at second end (see figure 2)).
Regarding claim 4, Malgat as modified teaches the vaporiser assembly according to claim 1, Malgat as already modified teaches wherein the heater element is an electric resistance heater (electric heater system “The system may further comprise electric circuitry connected to the heater assembly and to an electrical power source, the electric circuitry configured to monitor the electrical resistance of the heater assembly or of one or more filaments of the heater assembly, and to control the supply of power to the heater assembly dependent on the electrical resistance of the heater assembly or the one or more filaments.” (column 7-8, lines 64-4)).
Regarding claim 5, Malgat as modified teaches the vaporiser assembly according to claim 1 Malgat as already modified teaches wherein the heater element is structured as a metallic coating, a mesh heater, or a coil (emphasis added “The filaments may have a round cross section or may have a flattened cross-section. The heater filaments may be formed by etching a sheet material, such as a foil. This may be particularly advantageous when the heater assembly comprises an array of parallel filaments. If the heater assembly comprises a mesh or fabric of filaments, the filaments may be individually formed and knitted together.” (column 3, lines 14-23)).
Regarding claim 6, Malgat as modified teaches the vaporiser assembly according to claim 1, Malgat as already modified teaches wherein the pore size gradient of the capillary element is linear (gradient anticipated to be continuous “More preferably the material is treated such that a gradient of pore size or porosity is obtained in a direction towards the heater element or the opening, such that the pore size or porosity decreases, for example continuously decreases, within the capillary material towards the heater element.” (column 5, lines 31-38).
Regarding claim 16, Malgat discloses an aerosol-generating system, comprising:
a main body including a housing (cartridge within aerosol generating system “A cartridge for use in an aerosol-generating system is provided” (abstract)), a power supply (emphasis added “The system may further comprise electric circuitry connected to the heater assembly and to an electrical power source,” (column 7-8, lines 64-4)), electric circuitry (emphasis added “The system may further comprise electric circuitry connected to the heater assembly and to an electrical power source,” (column 7-8, lines 64-4)), and a vaporiser assembly (generally capillary element 36/38 and heater 46/42), the vaporiser assembly including a capillary element (36/38) and a heater element (46/42), the capillary element made of porous glass (glass considered to construction of porous element “The first capillary material may comprise glass fibre paper or felt.” (column 4, lines 45-49)), the capillary element having a first end (generally 38) and a second end (generally 36), the capillary element having a pore size gradient such that an average pore size of the capillary element transitions from larger pores at the first end of the capillary element to smaller pores at the second end of the capillary element (gradient of porous feature anticipated, smaller pores at heat delivery end and larger pores at fluid wicking end, emphasis added “It will be understood that different methods and configurations are possible to obtain the capillary material having a different pore size or porosity in different regions. In each example, a region of smaller pore size or porosity is located at one end of the capillary material. The region of smaller pore size or porosity is then located at the heater. The gradient in pore size or porosity then enhances the capillary action in the material, to draw aerosol-generating substrate liquid to the heater.” (column 14, lines 19-27)), the heater element disposed at the second end of the capillary element (as disclosed above, additionally see figure 2, providing heat to second end of capillary element), the pore size of the capillary element being homogeneous across a cross section of the capillary element (as disclosed above pore size is a gradient, while the capillary element flows towards the heater having the smaller diameter porosity), the heater element being directly in contact with an outer surface of the capillary element (electrically conductive portion of heater (46) may be in contact to capillary element “The capillary material may be in contact with the heater, for example with the electrically conductive filaments.” (column 4, lines 12-19) heater generally in contact to porous element “placing a first capillary material in the first part of the housing of the liquid storage portion, such that first capillary material is provided in direct contact with the heater assembly” (column 9, lines 23-37)),
wherein a porosity of the smaller pores at the second end of the capillary element is configured to retain substantially all of a liquid aerosol-forming substrate within the capillary element (nature of wicking vaporizing component, otherwise would be liquid dispensing component) and a liquid storage portion (32 or 34 “The second part 34 of the liquid storage portion is an empty tank that can be filled or partly filled with liquid aerosol-generating substrate” (column 11-12, lines 64-3)) while allowing passage of an aerosol of the liquid aerosol-forming substrate through the second end of the capillary element based on a capillary action of the smaller pores as fabricated (via production of vapor/aerosol (abstract)).
Malgat is silent regarding the heater element extending around a circumferential surface adjacent to the second end of the capillary elements to surround the capillary element.
However Thorens teaches (Fig-2) heater element (209) extending around a circumferential surface adjacent to the second end (207b) of the capillary elements (207) to surround the capillary element (“and the second end 207b of the capillary wick 207 is surrounded by the heating coil 209.” [0042]),
The advantage of the heater element extending around a circumferential surface adjacent to the second, is to provide airflow over second end of capillary element that has been directed vaporizing liquid, to enhance vapor delivery “The liquid in the second end 207b of the wick 207 is vaporized by the heating coil 209 to create a supersaturated vapor. At the same time, the liquid being vaporized is replaced by further liquid moving towards the second end 207b of wick by capillary action. (This is sometimes referred to as "pumping action".) The supersaturated vapor created is mixed with and carried in the air flow from the air inlets 115 towards the aerosol forming chamber 213.” [0044] “The heating element or heating elements may be arranged appropriately so as to most effectively vaporize liquid at the second end of the capillary wick.” [0009], or as known for substituting equivalently to end heaters “Alternatively, the at least one heating element may be a disk (end) heater or a combination of a disk heater with heating needles or rods.” [0011] (see MPEP 2144.06 II. Substituting Equivalents Known for the Same Purpose).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Malgat and Thorens before him or her, to modify the on end type heater of Malgat to include the surrounding circumference at end of heater of Thorens because surrounding an and end of heater at circumference may enhance vapor flow and the two types of heater placements are (on end and surrounding end) known equivalents for the same purpose.
Regarding claim 19, Malgat discloses a method for manufacturing a vaporiser assembly for an aerosol-generating system, comprising:
fabricating a capillary element from porous glass (glass to include ceramic considered to construction of porous element “The first capillary material can be selected from the group of kevlar felt, ceramic paper, ceramic felt, carbon felt, cellulose acetate, hemp felt, PET/PBT sheet, cotton pad, porous ceramic disc or porous metal disc. Preferred materials include Kevlar felt, ceramic paper, ceramic felt, porous ceramic disc or porous metal disc. The first capillary material may comprise glass fibre paper or felt.” (column 4, lines 45-49) capillary element may be single component “a cartridge is provided which includes a heater and a capillary material in contact with the heater for supplying aerosol-generating substrate to the heater, wherein the porosity or pore size of a region of the capillary material adjacent the heater is less than the porosity or pore size of a region of the capillary material remote from the heater. Thus a single material may be used, for example which has a gradient of pore size in one or more of its dimensions.” (column 4, lines 50-65)), the capillary element having a first end (generally 38) and a second end (generally 36), the first end of the capillary element configured to be fluidically connected to a liquid storage portion (32 or 34 “The second part 34 of the liquid storage portion is an empty tank that can be filled or partly filled with liquid aerosol-generating substrate” (column 11-12, lines 64-3)) containing a liquid aerosol-forming substrate (as necessitated by “liquid storage” as disclosed above),
a pore size of the capillary element configured to allow the liquid aerosol- forming substrate from the liquid storage portion to be conveyed from the first end of the capillary element to the second end of the capillary element by capillary action (emphasis added, “The gradient in pore size or porosity then enhances the capillary action in the material, to draw aerosol-generating substrate liquid to the heater.” (column 14, lines 19-27), the capillary element having a pore size gradient such that an average pore size of the capillary element transitions from larger pores at the first end of the capillary element to smaller pores at the second end of the capillary element (gradient of porous feature anticipated, smaller pores at heat delivery end and larger pores at fluid wicking end, emphasis added “It will be understood that different methods and configurations are possible to obtain the capillary material having a different pore size or porosity in different regions. In each example, a region of smaller pore size or porosity is located at one end of the capillary material. The region of smaller pore size or porosity is then located at the heater. The gradient in pore size or porosity then enhances the capillary action in the material, to draw aerosol-generating substrate liquid to the heater.” (column 14, lines 19-27) the term gradient being a continuous change, emphasis added “wherein the pore size or porosity of the capillary material 50 is continuously decreased within the capillary material in the direction towards the heater element 54.” (column 13-14, lines 55-18)), the pore size of the capillary element being homogeneous across a cross section of the capillary element (as disclosed above pore size is a gradient, while the capillary element flows towards the heater having the smaller diameter porosity); and providing a heater element (46/42) at the second end of the capillary element (see figure 2), the heater element being directly in contact with an outer surface of the capillary element (electrically conductive portion of heater (46) may be in contact to capillary element “The capillary material may be in contact with the heater, for example with the electrically conductive filaments.” (column 4, lines 12-19) heater generally in contact to porous element “placing a first capillary material in the first part of the housing of the liquid storage portion, such that first capillary material is provided in direct contact with the heater assembly” ((column 9, lines 23-37)),
wherein a porosity of the smaller pores at the second end of the capillary element is configured to retain substantially all the liquid aerosol-forming substrate within the capillary element (nature of vaporizer not being a liquid dispenser, “The capillary material extends across the complete cross-section of the first part of the liquid storage portion, such that it is not possible for the liquid aerosol-generating substrate to flow directly to the heater assembly or the opening of the cartridge” (column 7, lines 56-60)) and the liquid storage portion (34/31) while allowing passage of an aerosol of the liquid aerosol-forming substrate through the second end of the capillary element based on a capillary action of the smaller pores as fabricated (via production of vapor/aerosol (abstract)).
Malgat is silent regarding the heater element extending around a circumferential surface adjacent to the second end of the capillary elements to surround the capillary element.
However Thorens teaches (Fig-2) heater element (209) extending around a circumferential surface adjacent to the second end (207b) of the capillary elements (207) to surround the capillary element (“and the second end 207b of the capillary wick 207 is surrounded by the heating coil 209.” [0042]).
The advantage of the heater element extending around a circumferential surface adjacent to the second, is to provide airflow over second end of capillary element that has been directed vaporizing liquid, to enhance vapor delivery “The liquid in the second end 207b of the wick 207 is vaporized by the heating coil 209 to create a supersaturated vapor. At the same time, the liquid being vaporized is replaced by further liquid moving towards the second end 207b of wick by capillary action. (This is sometimes referred to as "pumping action".) The supersaturated vapor created is mixed with and carried in the air flow from the air inlets 115 towards the aerosol forming chamber 213.” [0044] “The heating element or heating elements may be arranged appropriately so as to most effectively vaporize liquid at the second end of the capillary wick.” [0009], or as known for substituting equivalently to end heaters “Alternatively, the at least one heating element may be a disk (end) heater or a combination of a disk heater with heating needles or rods.” [0011] (see MPEP 2144.06 II. Substituting Equivalents Known for the Same Purpose).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Malgat and Thorens before him or her, to modify the on end type heater of Malgat to include the surrounding circumference at end of heater of Thorens because surrounding an and end of heater at circumference may enhance vapor flow and the two types of heater placements are (on end and surrounding end) known equivalents for the same purpose.
Regarding claim 20, Malgat as modified teaches the method according to claim 19, Malgat as already modified teaches wherein the fabricating is performed with a phase separation process, a sintering process (variety of processing’s of porous element considered to include sintering, for a large variable of desired porosities in view of large variable of known liquid vapor sources “The capillary material may comprise any suitable material or combination of materials. Examples of suitable materials are a sponge or foam material, ceramic- or graphite-based materials in the form of fibres or sintered powders, foamed metal or plastics material, a fibrous material, for example made of spun or extruded fibres, such as cellulose acetate, polyester, or bonded polyolefin, polyethylene, terylene or polypropylene fibres, nylon fibres or ceramic. The capillary material may have any suitable capillarity and porosity so as to be used with different liquid physical properties. The liquid has physical properties, including but not limited to viscosity, surface tension, density, thermal conductivity, boiling point and vapour pressure, which allow the liquid to be transported through the capillary device by capillary action.” (column 3-4, lines 55-19)), or a sol-gel process.
Regarding claim 21, Malgat as modified teaches the vaporiser assembly of claim 1, Malgat as already modified teaches wherein the capillary element is a single element (anticipation of single element is provided to capillary element “Again the first and the second capillary material are made from the same material and are integrally formed as single continuous piece of capillary material 60” (column 13, lines 23-54)).
Claims 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat and Thorens and in further view of Rabin (US 2009/0220222) and Lord (KR 2015/0030732A).
Regarding claims 8-15, Applicant discloses in the specifications regarding pore size [00010] “A porosity of the smaller pores at the second end of the capillary element is configured to hinder a leakage of the liquid aerosol-forming substrate through the second end of the capillary element while allowing passage of an aerosol through the second end of the capillary element”, therefore a finite range of poor sizes exist that, in relation to viscosity of the vaporizing fluid, would retain the fluid in the porous medium as well as wick the vaporizing fluid.
Malgat while silent to specific pore sizes, however similar to Applicant discloses the pore sizes with purpose for wicking and retaining the vaporizing fluid that may differ regarding fluid properties “The capillary material may comprise any suitable material or combination of materials. Examples of suitable materials are a sponge or foam material, ceramic- or graphite-based materials in the form of fibres or sintered powders, foamed metal or plastics material, a fibrous material, for example made of spun or extruded fibres, such as cellulose acetate, polyester, or bonded polyolefin, polyethylene, terylene or polypropylene fibres, nylon fibres or ceramic. The capillary material may have any suitable capillarity and porosity so as to be used with different liquid physical properties. The liquid has physical properties, including but not limited to viscosity, surface tension, density, thermal conductivity, boiling point and vapour pressure, which allow the liquid to be transported through the capillary device by capillary action.” (column 3-4, lines 55-19).
Malgat is silent regarding specificity of pore size.
However Rabin teaches providing a pore size about/preferably of range, emphasis added -“Suitable materials for the porous member have a mean pore size preferably between 0.5 μm and 100 μm,” [0020] of a vaporizing system that is responsively selected to the properties of the pre-vaporizing fluid “…as well as thermo-physical characteristics of liquids or vapors, it is necessary to use a thinner, smaller pore size porous member for the vaporization component” [0039].
The advantage of providing a range of pore size in a vaporizer based on the physical properties of the vaporizing fluids is to enhance vaporizing in view of known divergences of pre-vapor/vapor liquid/gas properties, emphasis added “…as well as thermo-physical characteristics of liquids or vapors, it is necessary to use a thinner, smaller pore size porous member for the vaporization component” [0039].
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to further modify Malgat with Rabin, by adding to the known feature of gradient of pore sizes capable of retaining liquid and enhancing vaporization of Malgat, the range of known pore sizes in regards to applied vaporizing/vapor fluid properties, that enhances retaining and transfer of said vaporizing liquid to/within the porous substrate of Rabin.
Additionally see Lord providing further range of anticipation of pore size of a vaporizing device, emphasis added “different pore distances are possible. For example, the pores may be between 20 μm and 500 μm.” (13 paragraphs from end of Description of Embodiments), the range of pore size of Lord providing wicking for vaporizing responsive to fluid therein, as is obvious for the same reasons as disclosed known within the art by Rabin provided above.
Regarding claim 8, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin and Lord teach wherein a size of the smaller pores at the second end of the capillary element is between 0.3 and 250 microns (please see rationale above, it would be obvious to choose pore sizes in the range between .03 and 250 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 9, Malgat as modified teach the vaporiser assembly according to claim 1, Rabin teaches wherein a size of the smaller pores at the second end of the capillary element is between 0.5 and 100 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 0.5 and 100 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 10, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin teaches wherein a size of the smaller pores at the second end of the capillary element is between 1 and 20 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 1 and 20 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 11, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin teaches wherein a size of the smaller pores at the second end of the capillary element is between 2 and 8 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 2 and 8 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 12, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin and Lord teaches wherein a size of the larger pores at the first end of the capillary element is between 5 and 500 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 5 and 500 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 13, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin and Lord teaches wherein a size of the larger pores at the first end of the capillary element is between 10 and 250 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 10 and 250 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 14, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin teaches wherein a size of the larger pores at the first end of the capillary element is between 15 and 100 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 15 and 100 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Regarding claim 15, Malgat as modified teaches the vaporiser assembly according to claim 1, Rabin teaches wherein a size of the larger pores at the first end of the capillary element is between 20 and 50 microns (please see rationale above, it would be obvious to choose pore sizes in the range between 20 and 50 microns to retain fluids or wick fluid for vaporizing, in dependence on the fluids physical properties).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat and Thorens and in further view of Minskoff (US 2016/0228658).
Regarding claim 17, Malgat as modified teaches the aerosol-generating system according to claim 16, Malgat as already modified teaches further comprising:
the liquid storage portion (31/34) detachably connected to the main body (as a cartridge system (abstract)), the liquid storage portion containing the liquid aerosol-forming substrate (per liquid storage of a vaporizer),
Malgat is silent regarding the liquid storage portion configured to receive the first end of the capillary element of the vaporiser assembly such that based on the liquid storage portion being connected to the main body the capillary element comes into fluidic communication with the liquid aerosol-forming substrate stored in the liquid storage portion and based on the liquid storage portion being separated from the main body the capillary element is separated from the liquid storage portion.
However Minskoff teaches the liquid storage portion (340) configured to receive the first end (seal 343 penetrating end of 312) of the capillary element of the vaporiser assembly such that based on the liquid storage portion being connected to the main body (other half of 310) the capillary element comes into fluidic communication with the liquid aerosol-forming substrate stored in the liquid storage portion (fluid 320, see figure 3b) and based on the liquid storage portion being separated form the main body the capillary element is separated from the liquid storage portion (liquid storage separable through seal 343 “The puncturing or breaking of the seal creates a break in the seal that may be reversible and/or the seal is re-sealable.” [0031]).
The advantage of the liquid storage portion configured to receive the first end of the capillary element of the vaporiser assembly such that based on the liquid storage portion being connected to the main body the capillary element comes into fluidic communication with the liquid aerosol-forming substrate stored in the liquid storage portion and based on the liquid storage portion being separated from the main body the capillary element is separated from the liquid storage portion, is to provide a connectable reservoir of liquid for vaporization that is re-sealable to a vaporizing portion of the vaporizer device reducing replacement components (porous element) to replaceable fluid reservoir “The puncturing or breaking of the seal creates a break in the seal that may be reversible and/or the seal is re-sealable.” [0031].
Therefore it would have been obvious to someone with ordinary skill in the art at the time the invention was filed, to modify Malgat with Minskoff, by modifying to the side sealing capillary element sealing system of Malgat, the re-insertable membrane rupturing liquid reservoir exchange system of Minskoff, to provide a connectable reservoir of liquid for vaporization that is re-sealable to a vaporizing portion of the vaporizer device reducing replacement components (porous element) to replaceable fluid reservoir.
Regarding claim 18, Malgat as modified teaches the aerosol-generating system according to claim 17, Malgat as already modified teaches further discloses wherein the liquid storage portion includes a sealing element (walls of 34/32, Malgat) to prevent liquid from leaking between the liquid storage portion and the evaporator (nature of housing (protection) to not leak) disposed between a circumferential surface of the capillary element and the liquid storage portion to hinder a leakage of the liquid aerosol- forming substrate from the liquid storage portion (see figure 2, 34 to 32 isolating of reservoir 31 and capillary element 38/36 and or any of the sealing means of Minskoff), the sealing element (343, Minskoff) configured to be deformed (see figure 3a providing continuous 343 and subsequent figure 3b providing pierced 343 by evaporator element 312, MInskoff) by an insertion of the capillary element (312, “a first hollow body of the delivery device, comprising the cartridge 340, couples with a second hollow body of the delivery device that contains the reservoir tap 312 within it so that the penetrating tip of reservoir tap 312 faces the surface of the penetrable seal 343” Minskoff [0162]) to hinder the leakage of the liquid aerosol-forming substrate (see figure 3b having liquid aerosol 320 behind seal 343, Minskoff).
Conclusion
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/JUSTIN C DODSON/ Primary Examiner, Art Unit 3761
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