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, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/26/26 has been entered.
Response to Amendment
This office action is in response to the amendment filed 04/29/26. Claim(s) 1, and 27-29 have been amended, new claims 30-32 have been added, and claims 24-26 have been cancelled. Thus, claims 1-23 and 27-32 are presently pending in this application.
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.
Claim(s) 1, 6-7, 9, 11, 13-16, 20, 23, and 27-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monsees (2015/0208729).
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Annotated fig 5 of Monsees.
With respect to claim 1, Monsees disclose an aerosol delivery device (10, fig 5) comprising an airflow inlet (50, fig 10A); a mouthpiece region (31, fig 7B) having an aerosol outlet (47, fig 9 and 10C), wherein the mouthpiece region is removably attached to the aerosol delivery device (see [0183]); an airflow path (see arrows in figs 10A-10C and [0190]) from the airflow inlet to the aerosol outlet (see annotated fig 3A of Higgins); a receptacle (21, fig 6B) configured to receive a cartridge (60, fig 5), wherein the cartridge includes an aerosolizable substance (fluid storage compartment; 32, fig 7B) and a vapor element (33-36, fig 7B), the aerosolizable substance at least partially surrounds the vapor element (see figs 7B and 7C where the substance in 32 surrounds the vapor elements) and the vapor element includes an electrically-resistive heater (35, fig 7B and [0176]) configured to, when activated, vaporize a portion of the aerosolizable substance to produce a condensation aerosol (see [0183]); an internal battery (23, fig 14) to provide power (see col. 4, lines 55-58); a controller (PCB 24, fig 14 included microcontroller) coupled to the internal battery to receive power (see [0171]) and configured to, in response to each inhalation, activate the vapor element to release a respective dose of the condensation aerosol of the aerosolizable substance (via pressure switch; 27, fig 14 and [0171]); a connector, (28-29, fig 14) when connected, configured to receive power from an external source to recharge the internal battery (see [0221]), wherein the connector is positioned at an end of the aerosol delivery device opposite the aerosol outlet (see location of 28-29 versus the outlet in 31 in fig 14), wherein the airflow inlet is located between the mouthpiece region and the connector, (see location the inlet between the connector and the mouthpiece region 31 in fig 14 and [0190]) wherein the aerosol delivery device has an overall elongated shape of non-circular cross-section (see the shape of 10 is rectangular in fig 5 so the cross-section is non-circular), the aerosol delivery device includes six faces (see annotated fig 5 of Monsees), the aerosol outlet is located at a first face of the six faces (see annotated fig 5 of Monsees), a second face (see annotated fig 5 of Monsees) is opposite the first face, and a third face (see annotated fig 5 of Monsees), a fourth face (see annotated fig 5 of Monsees), a fifth face (see annotated fig 5 of Monsees), and a sixth face (see annotated fig 5 of Monsees) extend between the first face and the second face, the third face is opposite the fourth face and the fifth face is opposite the sixth face, and the controller and the internal battery are disposed in a first space between the third face and the fourth face and in a second space between the fifth face and the sixth face (see annotated fig 5 of Monsees where the battery 23 and controller 24 are within the spaces).
With respect to claim 6, Monsees discloses the airflow passage extends through the cartridge (see the inlet into the cartridge/mouthpiece 31 and through the cartridge in figs 10A-10C).
With respect to claim 7, Monsees discloses a sensor (pressure sensor; 27, fig 14) configured to detect the inhalation and provide a signal to the controller, the signal indicating detection of the inhalation (see [0190]).
With respect to claim 9, Monsees discloses an electrical contact (heater contacts; 33, fig 7B) configured to provide electrical communication between the controller and the cartridge (see [0181]).
With respect to claim 11, Monsees discloses the aerosolizable substance includes nicotine (see [0196]).
With respect to claim 13, Monsees discloses the cartridge is configured to be replaceable (removable; see [0105]).
With respect to claim 14, Monsees discloses the cartridge is configured to be refillable with the aerosolizable substance (refillable cartridge; see [0105]).
With respect to claim 15, Monsees discloses a circuit board (PCB 24 that contains controller) configured to include the controller (see [0211]).
With respect to claim 16, Monsees discloses the external source to recharge the internal battery includes an external device (see [0221]).
With respect to claim 20, Monsees discloses an indicator light (26, fig 15), wherein the controller is configured to cause the indicator light to illuminate in response to detection of a level of electrical power of the internal battery (see [0219]).
With respect to claim 23, Monsees discloses the controller is configured to store a temperature setting associated with the vapor element, wherein the temperature setting indicates a temperature to heat the aerosolizable substance (see [0211-212]).
With respect to claim 27, Monsees discloses an aerosol delivery device (10, fig 5) comprising an airflow inlet; a mouthpiece region (31, fig 7B) having an aerosol outlet (47, fig 9 and 10C); an airflow path (see arrows in figs 10A-10C and [0190]) from the airflow inlet (50, fig 10A) to the aerosol outlet (see arrows in figs 10A-10C and [0190] where inflow into 50 and outflow out of 47); a cartridge (60, fig 5), wherein the cartridge includes an aerosolizable substance (fluid storage compartment; 32, fig 7B) and a vapor element (33-36, fig 7B), the aerosolizable substance at least partially surrounds the vapor element (see figs 7B and 7C where the substance in 32 surrounds the vapor elements) and the vapor element includes an electrically-resistive heater (35, fig 7B and [0176]) configured to, when activated, vaporize a portion of the aerosolizable substance to produce a condensation aerosol (see [0183]); a housing (21, fig 6B) configured to receive the cartridge (see [0201]); an internal power source (23, fig 14) to provide electrical power (see col. 4, lines 55-58); a controller (PCB 24, fig 14 included microcontroller) coupled to the internal battery to receive power (see [0171]); a connector, (28-29, fig 14) when connected, configured to receive power from an external source to recharge the internal power source (see [0221]), wherein the airflow inlet is located between the mouthpiece region and the connector, (see location the inlet between the connector and the mouthpiece region 31 in fig 14 and [0190]), the aerosol delivery device includes six faces (see annotated fig 5 of Monsees), the aerosol outlet is located at a first face of the six faces (see annotated fig 5 of Monsees), a second face (see annotated fig 5 of Monsees) is opposite the first face, a remaining four faces of the six faces extend between the first face and the second face (see annotated fig 5 of Monsees) and a third face (see annotated fig 5 of Monsees), a fourth face (see annotated fig 5 of Monsees), a fifth face (see annotated fig 5 of Monsees), and a sixth face (see annotated fig 5 of Monsees), and the controller and the internal battery are disposed in a first space between the third face and the fourth face and in a second space between the fifth face and the sixth face (see annotated fig 5 of Monsees where the battery 23 and controller 24 are within the spaces).
With respect to claim 28, Monsees disclose an aerosol delivery device (10, fig 5) comprising a plurality of external surfaces (see annotated fig 5 of Monsees), a front face (see annotated fig 5 of Monsees; “third face”), a rear face (see annotated fig 5 of Monsees; “fourth face”) is opposite the front face, a first side face (see annotated fig 5 of Monsees; “fifth face”), a second side face (see annotated fig 5 of Monsees, “sixth face”) opposite the first side face, a downstream end face (see annotated fig 5 of Monsees “first face”), and an upstream end face (see annotated fig 5 of Monsees; “second face”) opposite the downstream end face, the front face and the rear face having a larger surface area than the first side face and the second side face (see size of the annotated faces in fig 5 of Monsees); a mouthpiece region (31, fig 7B) having an aerosol outlet (47, fig 9 and 10C); an airflow path (see arrows in figs 10A-10C and [0190]) from the airflow inlet (50, fig 10A) to the aerosol outlet (see arrows in figs 10A-10C and [0190] where inflow into 50 and outflow out of 47); a cartridge (60, fig 5), wherein the cartridge includes an aerosolizable substance (fluid storage compartment; 32, fig 7B) and a vapor element (33-36, fig 7B), the aerosolizable substance at least partially surrounds the vapor element (see figs 7B and 7C where the substance in 32 surrounds the vapor elements) and the vapor element includes an electrically-resistive heater (35, fig 7B and [0176]) configured to, when activated, vaporize a portion of the aerosolizable substance to produce a condensation aerosol (see [0183]); a housing (21, fig 6B) configured to receive the cartridge (see [0201]); an internal power source (23, fig 14) to provide electrical power (see col. 4, lines 55-58); a controller (PCB 24, fig 14 included microcontroller) coupled to the internal battery to receive power (see [0171]); a connector, (28-29, fig 14) when connected, configured to receive power from an external source to recharge the internal power source (see [0221]), wherein the airflow inlet is located between the mouthpiece region and the connector, (see location the inlet between the connector and the mouthpiece region 31 in fig 14 and [0190]), during inhalation of the aerosol delivery device, the airflow outlet is located at the downstream end face of the plurality of external surfaces (see annotated fig 5 of Monsees), and the controller and the internal battery are disposed in a first space between the third face and the fourth face and in a second space between the fifth face and the sixth face (see annotated fig 5 of Monsees where the battery 23 and controller 24 are within the spaces).
With respect to claim 29, Monsees disclose an aerosol delivery device (10, fig 5) comprising a plurality of external surfaces (see annotated fig 5 of Monsees), a front face (see annotated fig 5 of Monsees; “third face”), a rear face (see annotated fig 5 of Monsees; “fourth face”) is opposite the front face, a first side face (see annotated fig 5 of Monsees; “fifth face”), a second side face (see annotated fig 5 of Monsees, “sixth face”) opposite the first side face, a downstream end face (see annotated fig 5 of Monsees “first face”), and an upstream end face (see annotated fig 5 of Monsees; “second face”) opposite the downstream end face, the front face and the rear face having a larger surface area than the first side face and the second side face (see size of the annotated faces in fig 5 of Monsees); a mouthpiece region (31, fig 7B) having an aerosol outlet (47, fig 9 and 10C); an interface (28-29, fig 14) configured to receive power from an external source to recharge an internal power source (see [0221] and battery 23, fig 14), a cartridge (60, fig 5), wherein the cartridge includes an aerosolizable substance (fluid storage compartment; 32, fig 7B) and a vapor element (33-36, fig 7B), the aerosolizable substance at least partially surrounds the vapor element (see figs 7B and 7C where the substance in 32 surrounds the vapor elements) and the vapor element configured to receive power from the internal power source to heat the aerosolizable substance (see [0183]), and at least one external face of the cartridge configured to form a portion of at least one surface of the plurality of external surfaces (see annotated surfaces in fig 5 form external faces of device), wherein an airflow path (see arrows in figs 10A-10C and [0190]) extending through the cartridge from an airflow inlet (50, fig 10A) to the airflow outlet (see arrows in figs 10A-10C and [0190] where inflow into 50 and outflow out of 47) is at least partially defined by the front face and the airflow outlet (see flow arrows into inlet out of outlet on 31 in fig 10C) and the internal power source is disposed in a first space between the front face and the rear face and in a second space between the first side face and the second side face (see annotated fig 5 of Monsees where the battery 23 within the spaces).
With respect to claim 30, Monsees discloses the first space is a same space as the second space (see claim 1 above where the space within the third, fourth, fifth, and sixth faces is one space; fig 5 and 6B).
With respect to claim 31, Monsees discloses the aerosolizable substance and the vapor element are additionally disposed in the first space between the third face and the fourth face and in the second space between the fifth face and the sixth face (see faces in annotated fig 5 and the space formed between them to hold cartridge with vapor element and substance).
With respect to claim 32, Monsees discloses the third face and the fourth face have a larger surface area than the fifth face and the sixth face (see size of the annotated faces in fig 5 of Monsees) and the airflow inlet is at least partially defined by the third face (see fig 10A where the inlet 50 is on the mouthpiece 31 which is defined by the third, fourth, fifth, and sixth faces).
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Fernando (EP3153038).
With respect to claim 2, Monsees discloses all the elements as claimed above but lacks the controller is configured to transfer, send or receive data or instructions between a computer.
However, Fernando teaches an aerosol device (101, fig 1) comprising a controller (electrical hardware/pcb; [0045]) configured to transfer, send or receive data or instructions between a computer (109, fig 1; [0038-40 and 46]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control electronics of Monsees to include transceiver electronics as taught by Fernando so as to send information to a remote location for the user or healthcare professional to review.
With respect to claim 3, the modified Monsees shows the data or instructions includes instructions used by the controller to regulate period (see [0047] of Fernando).
With respect to claim 4, the modified Monsees shows a memory chip configured to store at least some of the instructions (see claim 13 of Fernando).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Cohen (2011/0036346).
With respect to claim 5, Monsees discloses the connector (charging contacts; see claim 1 above) but lacks the connector includes a micro USB connector.
However, Wang teaches an aerosol delivery device (10, fig 1A) comprising a connector (28, fig 1C) when connected, configured to receive power from an external source (charging means; 40, fig 2) to recharge the internal battery (see [0021]) wherein the connector includes a micro USB connector (see [0021] of Wang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the connector of Monsees to be a USB connector as taught by Wang so as to replace one known charging connector with another so as to recharge an internal power source.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Cohen (2011/0036346).
With respect to claim 8, Monsees discloses all the elements as claimed above but lacks the controller is configured to illuminate an indicator light when in use.
However, Cohen teaches an aerosolizing device (10, fig 1) with an indicator light (20, fig 1) configured to illuminate when in use (see [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Monsees to include an indicator light as taught by Cohen so as to indicate to the user the device is working during inhalation.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Hale (2003/0015197).
With respect to claim 10, Monsees discloses the aerosolizable substance (see claim 1 above) but lacks the substance including cannabinoid.
However, Hale teaches an aerosol device (1, fig 2) comprising a cannabinoid substance (see [0113]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the substance of Monsees to include cannabinoid as taught by Hale so as to provide a different drug dependent on the needs of the user.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Guthrie (2011/0253139).
With respect to claim 12, Monsees discloses all the elements as claimed above but lacks the controller is configured to illuminate an indicator light to signal when data or instructions are being transferred.
However, Guthrie teaches an inhaling device (10, fig 1) including an indicator light (72, fig 34) and a controller (microcontroller; 306, fig 30) configured to illuminate the indicator light to signal when data or instructions are being transferred (see [0148]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Monsees to include an indicator light as taught by Guthrie so as to provide a visual to the user to know the transfer status, indicate an error, and avoid any disruption before completion (see [0148]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Yamada (2009/0133691).
With respect to claim 21, Monsees discloses all the elements as claimed above but lacks an indicator light, wherein the controller is configured to cause the indicator light to illuminate in response to detection that a temperature of the vapor element is equal to a temperature setting.
However, Yamada teaches an aerosol device (102, fig 5) comprising an indicator light (170, fig 5), wherein a controller (168, fig 7) is configured to cause the indicator light to illuminate in response to detection that a temperature of the vapor element is equal to a temperature setting (see [0136-137]; wherein the temperature is equal to the preheat setting and the light turns on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Monsees to include an indicator light as taught by Yamada so as to indicate the device is ready for use (see [0136] of Yamada).
Claim(s) 17-19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Monsees as applied to claim 1 above, and further in view of Malik (2014/0150785).
With respect to claim 17, Monsees discloses all the elements as claimed above but lacks a sensor configured to detect an inhalation duration, an inhalation intensity, or a combination thereof, wherein the controller is configured to receive detection of the inhalation duration.
However, Malik teaches a smoking device (110, fig 6) comprising a sensor (pressure sensor; 132, fig 6) configured to detect the inhalation duration (see [0044]), wherein a controller (microchip; 78, fig 1) is configured to receive detection of the inhalation duration from the sensor (see [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Monsees to include a sensor as taught by Malik so as to monitor the device and provide feedback to the user.
With respect to claim 18, the modified Monsees shows the sensor includes at least one of a pressure sensor (see [0171 and 210]).
With respect to claim 19, the modified Monsees shows an indicator light (light cover; 128, fig 6), wherein the controller is configured to cause the indicator light to illuminate in response to detection of the inhalation duration (see [0044] of Malik).
With respect to claim 22, Monsees discloses all the elements as claimed above but lacks an indicator light, wherein the controller is further configured to cause the indicator light to illuminate in response to detection that vaporization is taking place.
However, Malik teaches a smoking device (110, fig 6) comprising an indicator light (light cover; 128, fig 6), to illuminate in response to detection that vaporization is taking place (see [0044] of Malik wherein the detection of inhalation causes vaporization and thus leads to the illuminated light).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Monsees to include a sensor as taught by Malik so as to monitor the device and provide feedback to the user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-23 and 27-32 have been considered but are moot because 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.
Conclusion
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/KELSEY E BALLER/ Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785
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