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 .
Response to Amendment
This office action is in response to the Applicants’ arguments/remarks filed 11/03/2025.
Claim 1 is amended
Claims 27-29 are newly presented
Claims 1 and 3-4, 7-10, 13, and 27-29 are currently examined.
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.
Claims 1 and 3-4, 7-10, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts (US10328443B2) in view of Monsees (US 20180317557A1).
Regarding Claim 1, Ricketts teaches a consumable article for use with an apparatus arranged to heat aerosolizable material to volatilize at least one component of the aerosolizable material, the consumable article comprising
a detectable element (e.g., the cartridge is detected when corresponding electrodes in the cartridge are engaged with the device, column 11 lines 21-40) being arranged in a first position prior to use of the consumable article and displaceable to a second position after use of the consumable article (see column 12 lines 3-5, the cartridge moves towards the liquid transport element such that the liquid transport element is moved into the cartridge from the first position to the second position, returned to first position after use to reset and use the next consumable, see also column 11 lines 55-60, additionally a first position can inherently be a second position and a second inherently a first), wherein
in the first position the detectable element of the cartridge is detectable by the apparatus to enable the apparatus to heat the consumable article (see column 11 lines 35-40, actuator engages electrical contracts to enable power to be supplied to the heater).
Use of the consumable article causes the detectable element to be displaced from the first position to the second position, (see column 12 lines 3-5, the cartridge moves towards the liquid transport element such that the liquid transport element is moved into the cartridge from the first position to the second position, returned to first position after use to reset and use the next consumable, see also column 11 lines 55-60, user can actuate and discard the used consumable,
Further comprising a holding mechanism for holding the detectable element in the first position (mechanically operated actuator coupled to a lid to hold the detectable element, and by extension the cartridge, which includes the detectable element in first position; in the first position, see column 11 lines 27-37, the actuator holds the cartridge in the first position which would inherently hold the detectable element on the cartridge in the first position, which aligns the cartridge portion containing the heat sensitive capsules with the heater configured to heat the cartridge containing the capsules and burst the capsules using a heater (see column 12 lines 17-20 and column 12 lines 52-56)
Additionally, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention that Ricketts teaches a holding mechanism for holding the detectable element in the first position because Ricketts teaches the user may apply a longitudinal compressive force to the cartridge to move the liquid transport (detectable element) from the first position (an arbitrary starting position to which the cartridge was held) to the second position (a different position than the starting holding position) (column 11 lines 41-44).
Ricketts also teaches that any feature in one aspect of the invention may be applied to other aspects of the invention in any appropriate combination, thus it would be obvious to modify and combine the embodiments taught by Ricketts as taught.
Ricketts fails to explicitly disclose a holding mechanism for holding the detectable element in the first position, wherein the holding mechanism comprises a holding material that, in response to being heated, enables the detectable element to be displaced from the first position to the second position.
However, Monsees teaches a heat vaporizable wax seal coating that can be applied to the consumable article that prevents leakage and evaporation until activated by connecting to an electrical current from the apparatus arranged to heat the aerosolizable material in the consumable article and teaches applying current through the electrical contacts thereon [0347]. A person of ordinary skill in the art would understand that this wax seal is a holding mechanism for holding the detectable element in the first position (which is also consistent with the wax seal holding mechanism described in the instant specification page 14 lines 20-25), wherein
Further Monsees teaches the holding mechanism comprises a holding material that, in response to being heated, enables the detectable element to be displaced from the first position to the second position (e.g., the wax melts allowing the detectable element to be displaced from the first position to the second position).
A person of ordinary skill in the art would be motivated to modify the consumable article of Ricketts with the holding mechanism of Monsees to prevent leakage and evaporation until activated by connecting to an electrical current from the apparatus arranged to heat the aerosolizable material in the consumable and applying current through the electrical contacts [0347].
Regarding Claim 3, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches a displacement mechanism (actuator, column 11 lines 20-23, see also lines 24-40) for displacing the detectable element from the first position to the second position (actuator configured to move the liquid transport element from the first position to the second position).
Regarding Claim 4, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches the displacement mechanism comprises a spring, the spring being pre-tensioned with the detectable element in the first position prior to use of the consumable article and arranged to displace the detectable element to the second position after use of the consumable article.
Specifically, Ricketts teaches a spring that is configured to slide a lid/shield cover over the liquid transport element (displacement mechanism) to protect the liquid transport element from damage and contamination (spring, column 17 lines 5-14). Ricketts also teaches the lid can be coupled to the actuator, therefore effectively causing the actuator of the displacement mechanism to be spring powered (column 12 line 1-15). Thus, it would be obvious Ricketts teaches the displacement mechanism comprises a spring. It would further be obvious to a person of ordinary skill in the art that the spring being pre-tensioned with the detectable element in the first position prior to use.
Specifically, Ricketts teaches the displacement mechanism is configured to be mechanically actuated between a first position and a second position prior to use of the consumable article and arranged to displace the detectable element to the second position after use of the consumable article (column 11 lines 20-40). Rickets also teaches the actuator can be electrically or mechanically actuated (column 11 lines 20-40). Although Ricketts is silent in this particular embodiment as to how exactly the displacement mechanism mechanical actuator is mechanically actuated and whether or not this is done with a spring.
It would be obvious for a person of ordinary skill in the art before the filing date of the claimed invention to modify the displacement mechanism of Ricketts, to have a mechanical actuator that is spring powered, because Ricketts is silent to how the mechanical actuator is powered and one of ordinary skill in the art would search Ricketts for suitable ways to power a mechanical actuator. Ricketts teaches a spring powered mechanical actuator for the shield that covers the displacement mechanism, which is a similar component, and this merely involves applying suitable characteristics to a similar product with a reasonable expectation of success.
Regarding Claim 7, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches the holding mechanism comprises a wax (paraffin or wax, column 14 lines 36-37) seal encapsulating the detectable element.
Specifically, Ricketts teaches the holding mechanism as set forth above but does not explicitly recite wax as being the holding mechanism. However, Ricketts teaches paraffin or wax in the same document in column 14 lines 36-50 regarding a wax liquid substrate that is configured to release and form an aerosol upon heating via a metal tube or susceptor. Thus, it would be obvious to a person of ordinary skill in the art to modify the holding mechanism of Ricketts to comprise a wax that could be used as a seal encapsulating the detectable element.
Regarding Claim 8, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches the holding material is arranged to soften or melt during use of the consumable article to allow the detectable element to be displaced to the second position.
Specifically, as set forth above (column 14 lines 36-50), Ricketts teaches the holding material is wax that releases heat during a reversible phase change. Thus, it would be obvious to a person of ordinary skill in the art that as the holding material (wax) melts, that the detectable element would be displaced from the first position to the second position.
Regarding Claim 9, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches a susceptor material that is heatable by penetration (metal tube penetrates the wax substrate and heat is transferred to the substrate with the heat transfer tube, see column 14 lines 36-50) with a varying magnetic field to heat the holding material, Ricketts discloses heating via induction (column 14 line 6) but does not explicitly disclose “varying magnetic field” to heat the wax holding material substrate, however heating a metal tube heated by induction, would inherently include transferring energy to the metal tube with a varying magnetic field. Thus, heatable by penetration with a varying magnetic field is intended use and is being interpretated to mean “capable of being heated by a varying magnetic field”, which is taught by Ricketts.
Regarding Claim 10, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches the holding material (heat storage material such as wax, column 14 lines 23-40) is arranged to be heated by heat used to volatilize the at least one component of the aerosolizable material (the wax is heated which volatilizes at least one component of the aerosol generating material).
Regarding Claim 27, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches use of the consumable article comprises heating of the consumable article to heat the aerosolizable material (column 12 lines 52-56, cartridge containing aerosolizable media is brought above ambient temperature and is therefore inherently heated).
Regarding Claim 28, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches wherein the holding material is arranged to soften or melt during use of the consumable article to allow the detectable element to be displaced to the second position, see also claim 10, the holding material such as wax disclosed in column 14 lines 23-40 is heated allowing the volatilization and consumption of the material, following consumption it would be obvious to a person of ordinary skill in the art to displace the cartridge which contains the detectable to the second position for disposal.
Regarding Claim 29, Ricketts teaches the claim limitations as set forth above. Additionally, Ricketts teaches an integral heating element to heat the aerosolizable material. See also claims 10 and 28, the heating element which is integral to the device is used to heat the aerosolizable material, see also column 14 lines 23-40, and column 16 lines 55-67, see also FIG 2.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ricketts (US10328443B2) in view of Makarewicz (US20170202264A1).
Regarding Claim 13, Ricketts fails to explicitly disclose a memory arranged to store at least one of data indicative of a time elapsed following a first use of the consumable article in an apparatus or data indicative of a number of puffs that have been drawn from the consumable article.
However, Makarewicz teaches a memory arranged to store at least one of data (timer software [0018]) indicative of a time elapsed following a first use of the consumable article in an apparatus (Claim 1, locking mechanism is configured to automatically lock and unlock in the closed configuration on selected time intervals when releasing a cigarette from an apparatus, thus it would be obvious to a person of ordinary skill in the art that this interval includes a time elapsed following a first use (closed configuration) of the consumable article in an apparatus).
Additionally, Makarewicz teaches timer software indicates a time elapsed after the consumable is placed in or removed from the device [0019]- [0020].
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks, filed 11/03/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ricketts and Monsees as set forth above.
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.
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/M.T.F./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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